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FEDER AL REGISTER, Friday , June 2, 1939

2205

procedural rules and any exemption agent thereof, shall be held personally fifty 50 percent of the total volume of responsible, either individually or jointly tomatoes produced for market during granted under this section.
d Inspection and certification. Durwith others, in any way whatsoever, to such period, but such termination shall ing any period in which a regulation of any handler, or to any other person, for be effective only if notice thereof is given shipments pursuant to this section is in errors in judgment, mistakes, or other on or before March 1 of such current effect, every handler shall cause all ship acts, either of commission or omission, marketing period.
5 The provisions hereof shall, in any ments of tomatoes made by him to be as such member, alternate, or employee, event, terminate whenever the provisions inspected and the grade and size cer except for acts of dishonesty.
937.7 Compliance and exceptions of the act authorizing them cease to be tified by a duly authorized representa tive of the Federal-State Inspection a Compliance. Except as provided in effect.
c Proceedings after termination.
Service on the basis of grades now pro herein, no person shall ship tomatoes, mulgated by the United States Depart the shipment of which has been pro 1 Upon the termination of the provi ment of Agriculture, or by the State of hibited by the Secretary in accordance sions hereof, the members of the Ad ministrative Committee then function Mississippi, or as the same may be modi with the provisions hereof.
b Shipments for relief. Nothinging shall continue as joint trustees, for fied or changed hereafter. Each such handler shall submit, or cause to be sub contained herein shall be construed to the purpose of liquidating all funds and mitted, promtly thereafter, to the Ad authorize any limitation of the right on property then in the possession or under ministrative Committee, a copy of the the part of any person to ship tomatoes the control of the Administrative Com Federal-State Inspection Certificate is for consumption by charitable institu mittee, including claims for any funds tions or for distribution by relief unpaid or property not delivered at the sued on each such shipment.
937.4 Expenses and assessments agencies. The Administrative Commit time of such termination.
2 The trustees shall continue in such a Expenses. The Administrative Com tee may prescribe adequate safeguards to mittee is authorized to incur such ex prevent tomatoes, shipped for either of capacity until discharged by the Secre penses as the Secretary finds may be such purposes, from entering the normal tary; shall, from time to time, account for all receipts and disbursements or de necessary to carry out its functions channels of trade and commerce.
937.8 Agents. The Secretary may liver all funds and property on hand, to hereunder. The fund to cover such ex penses shall be acquired by assessing all name, by a designation in writing, any gether with all books and records of the handlers on the basis of a rate to be person, including any officer or employee Administrative Committee and of the fixed by the Administrative Committee of the Government, or name any bureau joint trustees, to such person as the prior to the beginning of each fiscal year or division of the United States Depart Secretary shall direct; and shall, upon ment of Agriculture to act as his agent the request of the Secretary, execute such and approved by the Secretary.
b Assessments. 1 Each handleror representative in connection with any assignments or other instruments neces sary or appropriate to vest in such per shall pay to the Administrative Commit of the provisions hereunder.
937.9 Effective time and termina son full title to all of the funds or claims tee, upon demand, such handlers pro rata share of the expenses incurred by tiona Effective time. The provision vested in the Administrative Committee the Administrative Committee for its hereof shall become effective at such or in the joint trustees.
3 Any funds collected for expenses maintenance and functioning during the time as the Secretary may declare above fiscal year. Each handlers share of such his signaturehereto, and shall continue pursuant to section 937.4 hereof and held by such joint trustees or such person, expenses shall be that proportion thereof in force until terminated.
b Termination. 1 The Secretary over and above amounts necessary to which the total quantity of tomatoes shipped by such handler is of the total may at any time terminate the provi meet outstanding obligations and the ex quantity of tomatoes shipped by all han sions hereof as to all parties hereto by penses incurred necessarily by the joint dlers during the fiscal year. The assess giving at least one days notice by means trustees or by such other person in the ment may be adjusted from time to time of a press release, or in any other man performance of the duties imposed here by the Administrative Committee, with ner which the Secretary may determine. under, shall, as soon as practicable after the approval of the Secretary, in order to 2 The Secretary shall terminate or the termination hereof, be returned to meet actual expenses of the Administra suspend the operation of any or all of the handlers pro rata in proportion to tive Committee during the fiscal year. the provisions hereof whenever he finds their contributions made thereto pur The assessment of each handler for each that such operation obstructs or does not suant to section 937.4 hereof.
4 Any person to whom funds, prop fiscal year shall be due and payable at tend to effectuate the declared policy of erty, or claims have been delivered by such time, and shall be payable in such the act.
installments, if any, as the Administra 3 H ie Secretary shall terminate the the Administrative Committee or its tive Committee shall determine.
provisions hereof at the end of any cur members upon direction of the Secretary 2 At the end of each fiscal year the rent marketing period upon the written as herein provided shall be subject to Administrative Committee shall credit request of handlers signatory hereto who the same obligations and duties with re each contributing handler with the ex submit evidence satisfactory to the Sec spect to said funds, property, or claims cess of the amount paid by such handler retary that they handled, during such as are hereinabove imposed upon the above his pro rata share of the actual current marketing period, not less than members of the Administrative Commit expenses, or debit such handler with the sixty-seven 67 percent of the total tee or upon the joint trustees.
difference between his pro rata share and volume of tomatoes handled by all signa 937.10 D u r a t i o n of immunities.
tiie amount paid by such handler, in tory handlers during such period, but The benefits, privileges, and immunities which case the amount of the debit shall such termination shall be effective only conferred upon any person by virtue become immediately due and payable.
if notice thereof is given on or before hereof shall cease upon the termination 937.5 Reports. Upon a request by March 1 of such current marketing hereof except with respect to acts done the Administrative Committee, approved period.
under and during the existence hereof.
by the Secretary, each handler shall fur 4 The Secretary shall terminate the 937.11 Separability. If any provi nish to the Administrative Committee, in provisions hereof at the end of any cur sion of this order is declared invalid, or such manner and at such times as it may rent marketing period whenever he finds the applicability thereof to any person, prescribe, such information as will enthat such termination is favored by a circumstance, or thing is held invalid, able. the Administrative Committee to majority of the producers of tomatoes the validity of the remainder of this Perform its functions hereunder.
who, during such current marketing pe order or the applicability thereof to any 937.6 Liability of Administrative riod, have been engaged in the produc other person, circumstance, or thing Committee members. No member or al tion of tomatoes for market: Provided, shall not be affected thereby.
ternate for a member of the Administra That such majority have, during such 937.12 Derogation. Nothing con tive Committee, nor any employee or period, produced for market more than tained herein is or shall be construed to