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FEDERAL REGISTER, Wednesday, August 23, 1939
of pears were at a level that gave such DAnjou, Beurre Bose, Winter Nelis, varieties of pears a purchasing power Doyenne du Comice, Beurre Easter, and with respect to articles that the pro Beurre Clairgeau varieties of pears ducers thereof buy appreciably below the grown in the States of Oregon, Wash purchasing power of such varieties of ington, and California, executed on the pears during the base period;
22d day of August 1939, upon which 2 That the regulation of shipments hearings were held on May 26, May 29, of such varieties of pears by grades or May 31, and June 1, 1939, was signed by sizes, as prescribed herein, will serve to handlers excluding cooperative associa prevent marked fluctuations in prices to tions of producers who were n o t engaged the producers thereof, and will establish in processing, distributing, or shipping and maintain a more stabilized market the varieties of pears covered by this for such varieties of pears, tending to order who, during the 1938 season, han establish prices to the producers thereof dled not less than fifty 50 percent, of at a level th at will give such varieties the volume of the varieties of pears cov of pears a purchasing power with respect ered by this order which were marketed to articles th at the producers thereof buy during the same season in the current equivalent to the purchasing power of of interstate or foreign commerce, or so such varieties of pears during the base as directly to burden, obstruct, or affect such commerce;
period;
2 That this order regulates the han 3 That this order is limited in its application to the smallest regional pro dling of much varieties of pears in the duction area and to the smallest regional same manner as the aforesaid market marketing area th at is practicable, con ing agreement, and that it is made ap sistent with carrying out the declared plicable only to persons in the respec policy of the act, and that the issuance tive classes of industrial and commercial of several orders applicable to any sub activity specified in the said marketing division of such regional production or agreement; and marketing areas would not effectively 3 That the issuance of this order carry out the declared policy of the act; is favored by more than two-thirds 4 That the pro rata contribution of % of the producers who, during the handlers to the expenses of the adminis 1938 season which is hereby determined trative agency herein established, based to be a representative period, produced upon the quantity of the Beurre DAnjou, the Beurre DAnjou, Beurre Bose, Win Beurre Bose, Winter Nelis, Doyenne du ter Nelis, Doyenne du Comice, Beurre Comice, Beurre Easter, and Beurre Cl airEaster, and Beurre Clairgeau varieties geau varieties of pears shipped, as pro of pears for market within the States of vided in this order, is fair and equitable; Oregon, Washington, and California:
and Now, therefore, it is ordered by the 5 That this order and all the terms Secretary, acting under the authority and conditions thereof will tend to ef vested in him by the act, th at such han fectuate the declared policy of the act dling of the Beurre DAnjou, Beurre with respect to the Beurre DAnjou, Winter Nelis, Doyenne du Comice, Beurre Bose, Winter Nelis, Doyenne du Bose, Easter, and Beurre Clairgeau va Comice, Beurre Easter, and Beurre Beurre of pears grown in the States of Clairgeau varieties of pears grown in rieties the States of Oregon, Washington, and Oregon, Washington, and California as California by establishing and m aintain is in the current of commerce, or as ing such orderly marketing conditions directly burdens, obstructs, or affects therefor as will establish prices to the commerce, from the State of Oregon, producers thereof a t a level that will the State of Washington, or the State give such varieties of pears a purchas of California to any point outside ing power with respect to articles that thereof, shall be in conformity to and the producers thereof buy equivalent in compliance with the terms and con to the purchasing power of such varie ditions of this order from and after the ties of pears in the base period, and by date herein specified.
protecting the interest of the consumer 939.1. Definitions. As used herein by a approaching the level of prices the following terms have the following which it is declared in the act to be the meanings:
policy of Congress to establish by a a Secretary means the Secretary gradual correction of the current level of prices at as rapid a rate as the Secre of Agriculture of the United States.
b Act means Public Act No. 10, tary deems to be in th e public interest and feasible in view of the current con 73d Congress,- as amended and as re sumptive demand in domestic and for enacted and amended by the Agricul eign markets, and by b authorizing tural Marketing Agreement Act of 1937
no actipn which has for its purpose the 50 Stat. 246, as amended.
c Person means an individual, maintenance of prices to the producers of such varieties of pears above the level partnership, corporation, association, which it is declared in the act to be the legal representative, or any organized poiicy of Congress to establish; and group of individuals.
d Pears means and includes any Whereas the Secretary finds:
and all of the Beurre DAnjou, Beurre 1
That a marketing agreement regBose, Winter Nelis, Doyenne du Comice, ulating the handling of the Beurre Beurre Easter, and Beurre Clairgeau
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varieties of pears grown in the States of Oregon, Washington, and California.
e i=5ize means the number of pears which can be packed in a standard western pear box 18" long, liy2" wide and SVz" deep inside measurements when packed in accordance with the packing requirements of the U. S.
Standards for Pears, effective July 1, 1939, or as such standards hereafter may be modified, or as size may be more specifically defined in a regulation issued hereunder.
f Grower means any person en gaged in the production of pears, either as owner of as tenant.
g Handler means any person ex cept a common carrier of pears owned by another person who, as owner, agent, broker, or otherwise, ships or handles pears, or causes pears to be shipped or handled, in fresh form by rail, truck, boat, or any other means whatsoever.
h To ship or to handle means to sell, deliver, handle for shipment, transport, or offer for transportation pears in the current of commerce, or so as directly to burden, obstruct, or af fect commerce, from the State of Ore gon, the State of Washington, or the State of California to any point outside thereof.
i Fiscal period means the period beginning July 1 of any year and end ing June 30 of the following year, ex cept that the first fiscal period shall be gin on the effective date of the provi sions hereof and end on the June 30
next following.
j Area means and includes the States of Oregon, Washington, and Cali fornia.
k District means the applicable one of the following-described subdivi sions of the area covered by the provi sions hereof:
l Medford District shall include the counties of Jackson, Josephine, Curry, Coos, Douglas, Lane, and Klamath in the State of Oregon.
2 Hood River-White Salmon-Under wood District shall include all of the State of Oregon not included in the Med ford District, and the counties of Ska mania and Klickitat in the State of Washington.
3 Wenatchee District shall include the counties of Chelan, Okanogan, Doug las, and Spokane in the State of Wash ington.
4 Yakima District shall include all of the State of Washington not included in the Wenatchee District or in the Hood River-White Salmon-Underwood Dis trict.
5 Placerville District shall include all countis north of the northern boun daries of San Francisco, Contra Costa, S a n . Joaquin, Calaveras, and Alpine Counties in the State of California.
6 Santa Clara District shall include all of the State of California not included in the Placerville District.