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F E D E R A L R E G IS T E R , Saturday, February 24, 1940

739

ety of Pisum sativum. Salt, sugar, dex trose, or other seasonings may be added.
The ingredients are sealed in a con tainer and processed by heat.
2. The food has a characteristic fla vor, odor, appearance, both as to shape and color of the finished peas, texture F. R. Doc. 40-784; Filed, February 23, 1940; and liquid. All canned peas have the 11:10 a. m.
same identifying characteristics.
3. The characteristic flavor of canned peas is the flavor of cooked peas fresh from the garden, preserved to the degree TITLE 19 CUSTOMS DUTIES
that the canning process permits. All CHAPTER I BUREAU OF CUSTOMS canned peas have the same flavor in differing degrees of intensity, and such T. D. 50097
flavor distinguishes the food from all S il v e r o r B l a c k F o x e s a n d F u r s E n t i other foods.
4. Canned peas have a characteristic t l e d t o E n t r y f o r t h e P e r io d f r o m J a n u a r y 1, 1940, t o N o v e m b e r 30, 1940, odor which is the odor of cooked peas 1 The piece rates established for U n d e r Q u o t a P r o v is io n s o f t h e S u p fresh from the garden, preserved insofar similar work performed on the farm for as the canning process permits. All p l e m e n t a r y T rade A g r e e m e n t W i t h the calendar year 1939; or canned peas have the same characteristic C anada.
2 The hourly, or the overtime, equiv Odor in differing degrees of intensity.
F e b r u a r y 20, 1940.
alent of the rates provided in paragraph 5. Canned peas have a characteristic c or d above, whichever paragraph To Collectors of Customs and Others appearance both as to shape which is a Concerned:
is applicable.
general effect of roundness, although The number of silver or black fox furs sizes may vary and as to color, which is f Bonus. For each fortnight of the period from January 1, 1940, to June 30, and skins not including parts and sil always green, although the intensity of 1940, both inclusive, the aforesaid wage ver or black foxes entered, or withdrawn the green color depends on the variety of rates shall be increased in accordance from warehouse, for consumption during the peas, the stage of their growth at the with the scale set forth below, whenever the month of December, 1939, was 50,283, time they are canned, and the processes the average price of raw sugar, duty of which 38,507 were imported from used in canning them.
paid basis, is $3.00 or more, per hundred Canada, and 11,776 from other coun 6. Canned peas also contain a charac tries. Therefore, the silver or black fox teristic liquid consisting largely of water, pounds, for any such fortnight:
fur units, as defined in T. D. 50056, which colored or clouded by the elements which Increase mgy be entered, or withdrawn from cook from the peas in the canning proc per day Fortnightly average price of sugar over basic warehouse, for consumption during the ess. The extent to which the liquid is per cwt.: .
day wage period from January 1 to November 30, colored or cloudy is governed by the stage $3.00 but not more than $3.249_____ $0.10
1940, are limited under the terms of the of growth at which the peas were canned, More than $3,249 but not more than $3,499 ____________ - ____________
.20 Presidents proclamation of the supple and also by such conditions of storage as mentary trade agreement with Canada, time and temperature. Such liquid is More than $3,499 but not more than $3,749 ______________________________
.30 published as T. D. 50056, to 19,793 units .40 from Canada and 29,924 units from colored or clouded to some extent in all More than $3.749_________ i___________
cases.
The average price-of raw sugar, duty other countries.
7. Color is one of the factors of judging seal D. W. B e l l , paid basis, shall be determined in ac the value and quality of canned peas.
Acting Secretary of the Treasury.
cordance with the prevailing method used Canned peas artificially colored have for between processors and growers for the F. R. Doc. 40-771; Filed, February 21, 1940; eight years been recognized a s .canned computation of the price of sugarcane.
2:41 p. m.
peas of substandard quality. Artificial The above increases shall also be applied coloring may be used as an optional in to the daily earnings of workers employed gredient when the canned peas are la on a piece work basis. Payment for part beled as required by the standard of of a days work on a day or piecework quality of canned peas. Artificial color TITLE 21FOOD AND DRUGS
basis shall be paid in proportion.
ing is not an optional ingredient when CHAPTER I FOOD AND DRUG
used to conceal damage or inferiority in g General provisions. 1 Interior AD M IN IS TR A TIO N
any manner, or for the purpose of making farms shall be deemed to be those farms canned peas appear better, or of a greater O
rder P
r o m u l g a t in g a R e g u l a t io n F i x
the sugarcane from which is marketed in g a n d E s t a b l is h in g a R e a s o n a b l e value than they are.
or processed at mills located in the D e f i n i t i o n a n d S tand ar d o f I d e n t i t y mountain sections of the island and 8. Canned peas have a characteristic f o r t h e F ood C o m m o n l y K n o w n as chemical composition. All varieties have whose 1938 production did not exceed C a n n e d P eas the same constituents in varying propor 3,000 short tons of sugar, raw value.
2 The producer shall furnish to the Pursuant to the authority and direc tions. It is not possible to distinguish laborer, without charge, the perquisites tion of the Federal Food, Drug, and between various kinds of canned peas customarily furnished by him, such as a Cosmetic Act Sec. 701, 52 Stat. 1055, 21 by a chemical examination of the entire dwelling, garden plot, pasture lot, and UJ3.C. 371 e ; Sec. 401, 52 Stat. 1046, contents of the can.
medical services; and the producer shall 21 U.S.C. 341, and based upon sub 9. Canned peas are used as a vegetable not, through any subterfuge or device stantial evidence of record at the hear dish, either alone or mixed with other whatsoever, reduce the wage rates to la ing heretofore held in accordance with vegetables. They are also used to make borers below those determined above.
law,1 detailed findings of fact are made, pea soup and are used in other soups, and 3 Nothing in this determination as follows:
are sometimes used in salads, omelets, shall be construed to mean that a pro stews, and meat loaves. All types of Findings of Fact ducer may qualify for a payment under canned peas are used interchangeably the said Act who has not paid in full the for the same food purposes.
1.
Canned peas are the food prepared amount agreed upon between the pro 10. The ingredients present in canned from shelled common peas o f any variducer and the laborer. Sec. 301, 50
peas are shelled peas horticulturally Stat. 909; 7 U.S.C., Sup. IV, 1131
4 F JR. 2034.
known as Pisum sativum, water, and ocd Overtime. All persons employed on a farm in the production, cultivation or harvesting of sugarcane with respect to which an application for payment under the said Act is made shall be paid for more than eight hours or seven hours for ditch makers or cleaners who work in water in any 24 hour period at a rate double the hourly equivalent of the rates provided in paragraphs a , b and c hereof.
e Piece rates. All persons employed on a piece rate basis in the production, cultivation or harvesting of sugarcane with respect to which application for payment under the said Act is made shall be paid wages in cash therefor at rates not less than the greater of either:

Done at Washington, D. C., this 23d day o f February 1940. Witness my hand and the seal of the Department of Agriculture.
seal!
H. A. W a l l a c e , Secretary.