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Saturday, October 8, 1955

FEDERAI REGISTER

7523

less a later date is approved in writing shall be subject to appeal in accordance by CCC: Provided, however, That CCC with the inspection agency procedure.
Title 7
Page may, at any time prior to May 31, 1956, c Each bag of No. 2 peanuts pur or such later date as is approved by CCC, chased by CCC shall be identified with a Chapter I:
it P art 52__________
7524 terminate its obligation to accept any of seal furnished by CCC and affixed in ac fers of No. 2 peanuts under 446.720 to cordance with instructions issued by Chapter VII:
P art 729___________________ 7525 446.732. The date the offer is received by Federal-State Inspection Service. CCC
the association shall be deemed to be the shall have the right to re-inspect the No.
Chapter VIET:
P art 811___________________ 7525 date of the offer. The offer, the provi 2 peanuts a t its own expense within 5
sions of 446.720 to 446.732, and the days after receipt at destination.
Chapter IX:
P art 922____________________ 7526 written acceptance by the association d CCC may reject all or any part P art 933 2documents_______ 7527 shall constitute the contract between the of the quantity offered in one offer if any P art 953______ ____________ 7528 sheller and CCC.
bag of peanuts included in such offer at b At any time prior to the end of the the time of the original inspection or re Title 8
period during which offers will be ac inspection does not meet the eligibility Chapter I:P art 212___________________ 7528 cepted, the association may send the requirements in 446.721.
P art 243___________ ______ 7529 sheller a written request for information 446.726 Net weight. The net weight P art 263__________________ 7529 with respect to the quantity of No. 2 pea of a lot of No. 2 peanuts shall be that nuts in the shellers inventory which are Chapter II:
weight obtained by multiplying the gross P art 502___________________ 7529 eligible for sale to CCC, and the sheller weight, including bags, by a percentage shall furnish such information within 5 equal to 100 percent minus the percent Title 9
days after the date of the request. The age of foreign material shown on the in Chapter I:
association may, by written notice dated spection certificate issued pursuant to P art 78 proposed_______ _
7552 not more than 10 days after receipt of 446.725. The gross weight shall be such information from the sheller, re determined by actual weight, as pre Title 14
quest the sheller to offer a specified scribed by CCC.
Chapter I:
P art 18------------------------------ 7535 quantity of No. 2 peanuts, which quantity 446.727 Delivery and passage of may be all or any part, but not less than Title 15
title, a 1 The sheller shall deliver 25,000
pounds, of his inventory of No.
2 Chapter III:
peanuts which are eligible for sale to No. 2 peanuts in accordance with in P art 371-------------- .--------- ---- 7536 CCC. If he does not offer such quantity structions issued by the association.
P art 374___ ,______l______7536
of No. 2 peanuts within 5 days after the Such delivery instructions, except as Title 19
date of the request for an offer, CCC provided in paragraph b of this section, Chapter I:
shall not be obligated to buy any No. 2 shall be issued within 25 days after the P art 4 ._______ ___________ 7537 peanuts from such sheller for a period of date of the associations written accept P art 24_---------------------------- 7537 60 days after the date of such request. ance of the offer.
2 The sheller shall deliver all No. 2
c If the sheller fails to furnish, Title 20
within the 5-day period specified above, peanuts in bags of uniform size, which Chapter III:
are packed in accordance with good com P art 404___________________ 7537 information with respect to the quantity mercial practices. Such bags shall be of Reanuts eligible for sale to CCC, CCC
Title 22
shall not be obligated thereafter to pur made of new burlap of not less than 10Chapter I:
ounce weight material. Plain imprinted chase any peanuts from such sheller.
P art 41___________________ 7548
bags stenciled in accordance with in 446.724 Minimum quantity and structions issued by CCC may be required Title 26 1939
terms of offer, a The minimum quan in some instances.
Chapter I:
tity of No. 2 peanuts which may be 3 If the sheller fails to exercise ro P art 140 see T. 26 1954 Part offered at any one time is 25,000 pounds. dent and insect control to the extent that 280.
One offer shall include all No; 2 peanuts the No.
peanuts offered to CCC are offered at one time for delivery at one subject to2 seizure Title 26 1954
by the Food and Drug location.
Chapter I:
Administration, Department of Health, b Each offer shall be made in theEducation and Welfare, such peanuts P art 1___ ___ _____________ 7540
manner prescribed by CCC and shall shall not be eligible for delivery to CCC, P art 280_________________ 7542
contain the shellers certification th at and any amount paid to the sheller Title 32
1 the offer is made pursuant to the therefor shall be refunded to CCC.
Chapter V:
terms and conditions of 446.720 to 4 If the sheller fails to deliver, as Part 536_____ _____ ;______7549
446.732, 2 the peanuts meet the eligi prescribed in the delivery instructions, a Title 43
bility requirements in 446.721, 3 the quantity of No. 2 peanuts equal to at Chapter I:
sheller has fulfilled all the obligations of least 95 percent of the quantity offered 446.720 to 446.732, which are required by him and accepted by the association, Appendix Public land orders:
1233--------------------7551 to be fulfilled prior to the submission of or if he delivers a quantity of No. 2 pea an offer, and 4 the sheller will carry nuts in excess of the quantity eligible Title 46
out all of thé obligations of 446.720 to for delivery to CCC pursuant to 446.721, Chapter II:which remain to be performed he shall pay to CCC, as liquidated dam Proposed rules__________
7554 446.732
after the offer is made.
ages and not as a penalty, an amount Title 47
446.725 Inspecting, grading, seal equal to 2 cents per pound i for the Chapter I:
Part 2 ______
7552 ing, and rejecting No. 2 peanuts offered. quantity by which the quantity delivered a The type and grade of the No. 2 pea is less than 95 percent of that offered nuts purchased by CCC pursuant to each by the sheller and accepted by CCC; or available to the cooperative warehouse offer shall be determined by inspectors, ii for the quantity delivered which is space for storage of loan peanuts under authorized or licensed by the Secretary in excess of the quantity eligible for de contract CCC peanut Form 28 1955, ex of Agriculture, and evidenced by inspec livery to CCC. Because of the difficulty cept th at if the sheller demonstrates to tion certificates issued by such inspec in ascertaining the exact damages which the cooperativethat he needs the space tors. The sheller shall pay the cost of CCC would suffer in either situation, CCC and the sheller agree that such liq for his customary business operations, he inspection and grading.
b The inspection data shall be useduidated damages constitute a reasonable will not be required to make such space to determine 1 th at the No. 2 peanuts estimate of the probable actual damages.
available.
meet the eligibility requirements with b Title to the No. 2 peanuts shall 446.723 Period in which offers will he respect to gradeand quantity specified pass to CCC upon delivery from the accepted, a A sheller may offer, in in 446.721, 2 the net weight, and 3 shellers plant, f. o. b. railroad cars or Writing, No. 2 peanuts to CCC from Oc the price which CCC will pay for No. 2
a t CCCs option; except th at in tober 8, 1955 through May 31, 1956, unpeanuts. Any determination of grade trucks the event the association does not issue
CODIFICATION GUIDE Con.

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