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FEDERAL REGISTER, Wednesday, August 23, 1939

3697

examination by the Secretary or by such upon such disapproval, shall be deemed and the amount paid by him. Any such person as may be designated by the Sec null and void, except as to acts done in debits shall become due and payable reliance thereon or in compliance there upon demand by the Control Committee.
retary;
3 To investigate, from time to time, with prior to such disapproval by the d Use of funds. From the funds and to assemble data on the growing, Secretary.
acquired pursuant to this section the harvesting, shipping, and marketing con o Funds and other property1Control Committee shall pay the salaries ditions relative to pears grown in the Use of funds. All funds received by the of its employees, if any, and pay the ex area covered hereby, and to furnish to Control Committee pursuant to any of penses necessarily incurred in the per the Secretary such available information the provisions hereof shall be used solely formance of the duties of the Control for the purposes herein specified, and Committee.
as may be requested;
4 To perform such duties as may be the Secretary may require the Control e Collection of unpaid assessments.
assigned to it from time to time by the Committee and its members to account The Control Committee, With the ap Secretary in connection with the ad for all receipts and disbursements.
proval of the Secretary, may institute ministration of Section 32 of the Act to 2
Transfer of funds and property.and maintain, in its own name or in Amend the Agricultural Adjustment Act, Upon the death, resignation, removal, the names of its members, legal pro and for other purposes, Public Act No, disqualification, or expiration of the ceedings against any handler assessed 320, 74th Congress, approved August 24, term of office of any member or em for the collection of such handlers pro ployee of the Control Committee, all rata share of the aforesaid expenses.
1935, as amended;
5 To cause the books of the Control books, records, funds, and other prop 939.4 Limitation of shipments Committee to be audited by one or more erty in his possession belonging to the a Minimum grade. The m inim um competent accountants at the end of Control Committee shall be delivered to grade of pears which may be shipped each fiscal year and at such other times his successor in office or to the Control by any handler shall be U. S. Combina as the Control Committee may deem Committee, and such assignments and tion Grade, as such grade is specified in necessary or as the Secretary may re other instruments shall be executed as the U. S. Standards for Pears, effective quest, and to file with the Secretary may be necessary to vest in such suc July 1, 1939, or as such standards may copies of any and all audit reports cessor or in the Control Committee full hereafter be modified, or as such grade title to all the books, records, funds, and may be lowered, raised, or modified by made;
6 To appoint such employees as it other property in the possession or under a regulation issued hereunder. No may deem necessary, and to determine the control of such member or employee handler shall ship pears which do not the salaries and define the duties of pursuant hereto.
meet the requirements of said grade or 939.3. Expenses and assessments of such other minimum grade as may such employees;
7 To give the Secretary, or the des a Expenses. The Control Committee be established pursuant to this section.
ignated agent of the Secretary, the same is authorized to incur such expenses as Beurre DAnjou and Doyenne du Comice notice of meetings of the Control Com the Secretaryfinds may be necessary to pears, however, may be shipped in in mittee as is given to the members of carry out its functions hereunder. The terstate commerce only, and not in for funds to cover such expenses shall be eign commerce, when bearing unhealed the Control Committee;
8 To select a chairman of the Con acquired by the levying of assessments broken skins or skin punctures measur trol Committee and, from time to time, as provided in this section.
ing not to exceed three-sixteenths 3/16
such other officers as it may deem ad b Assessments. Assessments will be of one 1 inch in diameter, provided visable; and levied only upon the handler who first such pears otherwise meet the require 9 To submit to the Secretary each handles pears which subsequently are ments of the minimum grade then in fiscal period a budget of its expenses shipped from the State of Oregon, the effect. However, the requirements gov State of Washington, or the State of erning unhealed broken skins or gfcin during th at fiscal yer.
California. Such handler shall pay to punctures to be met by either Beurre n Procedure of control committhe Control Committee, upon demand, DAnjou pears or Doyenne du Comice tee il Quorum and voting. A quo such handlers pro rata share of the ex pears, or both, may be lowered, raised, rum shall consist of nine 9 members, penses which the Secretary finds neces or modified by a regulation issued or alternates then serving in the place sarily will be incurred by the Control hereunder.
and stead of any members, in attend Committee for the maintenance and b Minimum sizes. No handler shall ance at the meeting. Except as other functioning of the Control Committee ship pears 1 of the Beurre Bose va wise provided in section 939.4, paragraph during each fiscal period. Such handlers riety of a size smaller than the 195 size;
c, all decisions of the Control Com pro rata share of such expenses shall be 2 of the Doyenne du Comice, Beurre mittee shall be made by not fewer than that proportion thereof which the total Easter, and Beurre Clairgeau varieties, seven 7 affirmative votes.
quantity of pears first handled by th at respectively, of a size smaller than the 2 Mail voting. The Control Com handler during such fiscal period is of the 180 size; 3 of the Beurre DAnjou mittee may provide for members voting total quantity of pears first handled by variety of a size smaller than the 225
by mail, telephone, or telegraph, upon all handlers during the fiscal period. size; 4 of the Winter Nelis variety of due notice to all members. Promptly The Secretary shall fix the rate of assess a size smaller than the 210 size if ex after voting by telephone or telegraph, ment to be paid by such handler, which ported off the continent of North Amer each member thus voting shall confirm, rate may be adjusted from time to time ica and the 195 size if shipped to destina in writing, the vote so cast.
by the Control Committee, with the ap tions on the continent of North America.
3 Rights of the secretary. The proval of the Secretary, in order to c Recommendation for modification members and alterntes for members of cover any later findings by the Secretary of minimum grade or size. The Control the Control Committee, including their of estimated expenses or the actual ex Committee, at any time, by affirmative successors, and any agent or employee penses of the Control Committee during vote of not fewer than ten 10 of its appointed or employed by the Control said fiscal period.
members, may recommend to the Secre Committee shall be subject to removal c Handier accounts. At the end of tary that the aforesaid minimum grade or suspension by the Secretary at any each fiscal period the Control Committee or the aforesaid minimum sizes, or both, time. Each and every regulation, de shall credit each handler assessed with be lowered, raised, or modified as to cision, determination, or other act of the any amount paid by such handler in any one or more of the varieties of Control Committee shall be subject to excess of his pro ra ta share of the ex pears covered hereby, or may recom the continuing right of the Secretary to penses, or shall debit such handler with mend that the requirements relative to disapprove of the same a t any time, an d ,. the deficiency between his pro rata share unhealed broken skins or skin punctures