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FEDERAL REGISTER,
Tuesday, A u gu st 10, 1943

11019

of the Budget, in accordance with the fruit in its natural or processed condi Federal Reports Act of 1942.
tion.
4 I f the Director determines that 2 The term packer means any any dried fruit set aside pursuant to this person engaged in the business of proc order is not required for a governmental essing and packaging dried fruit or hav agency, the Director may release such ing dried fruit processed and packaged dried fruit at any time by notice directed for his account.
to the packer. So far as such action is 3 The term producer means any consistent with the defense requirements person engaged in the production of of the United States, such releases shall dried fruits; and such term includes, but be of such a character as to allow all is not limited to, any owner of fresh fruit packers substantially equal proportions at the time such fruit is dried.
of their packs of each fruit for sale to 4 The term processing means grad purchasers, other than governmental ing, sizing, stemming, seeding, or treat agencies.
ing dried fruit by the use of water, steam, 5 Any quantities of dried fruit allo chemicals, or compressed or hot air; or cated or released shall, unless otherwise cutting fresh apples for the production specified, be withdrawn by the packer of dried apples.
from the earliest reported stocks of such 5 The term governmental agency dried fruit.
means i the Armed Services of the c Audits and inspections. The Di United States; ii the Pood Distribution rector shall be entitled to make such Administration, War Pood Administra audit or inspection of the books, rec tion including, but not restricted to, the ords and other writings, premises or Federal Surplus Commodities Corpora stocks of dried fruit of any person, and tion ; iii the W ar Shipping Adminis to make such investigations, as may be tration; iv the Veterans Administra necessary or appropriate, in his discre tion; and v any other instrumentality tion, to the enforcement or administra or agency designated by the War Pood tion of the provisions of this order.
Administrator. The term governmental d Records and reports. The Direc agency also includes any contract school tor shall be entitled to obtain such in or ship operator, as defined in Pood formation from, and require such re Distribution Regulation 2 8 P.R. 7523, ports and the keeping of such records purchasing restricted fruit in accordance with said Pood Distribution Regulation 2. by, any person, as may be necessary or appropriate, in his discretion, to the 6 The term Armed Services of the enforcement or administration of the United States means the Army, the provisions of this order, subject to the Navy, the Marine Corps, or the Coast approval of the Bureau of the Budget Guard of the United States.
pursuant to the Federal Reports-Act of 7 The term Director means the Di 1942.
rector of Pood Distribution, War Food e Petition for relief from hardship.
Administration.
Any person affected by this order who 8 The term person means any in considers that compliance herewith dividual, partnership, association, busi would work an exceptional and unrea ness trust, corporation, or any organized sonable hardship on him may apply in group of persons, whether incorporated E.O. 9280, 7 F.R. 10179; E.O. 9322, 8
writing for relief -to the Director, set or not.
P.R. 3807; E.O. 9334, 8 F.R. 5423; EDO
b Restrictions on packers and pro ting forth in such petition all pertinent74, 8 F.R. 10969
facts and the nature of the relief sought.
ducers. 1 No producer may sell or The Director may thereupon take such Issued this 7th day of August 1943.
deliver dried fruit except to i the Food action as he deems appropriate, which Distribution Administration including R o y P . H e n d r ic k s o n , action shall be final.
but not restricted to the Federal Surplus Director of Food Distribution.
f Violations. The War Food Ad Commodities Corporation ; ii any per P. RDoc. 43-12863; Piled, August 7, 1943, ministrator may, by suspension order, son or agency designated by the Director;
3:24 p. m.
prohibit any person who violates any or iii a packer.
provision of this order from receiving, 2 Each packer shall, without regard making any deliveries of, or using dried to existing contracts, set aside and hold fruit, or any other material subject to FIX 16, Amdt. 1
for delivery to a governmental agency, priority or allocation control by the War all dried fruit, and all fresh fruit ac P art 1407 D ried F ruit Pood Administrator, and may recom quired for use in the production of dried mend that any such person-be prohibited RESTRICTIONS ON PURCHASE, ACCEPTANCE, fruit, which was in his possession, under from receiving, making any deliveries AND DELIVERY OF DRIED FRUIT
his control, or under contract to him of, or using materials subject to the on August 10, 1942, or was acquired by Pood Distribution Order No. 16 8 F.R.
priority or allocation control of other such packer within a period of two cal 1705, issued by the Secretary of Agri governmental agencies. In addition, any endar years thereafter. All fruit so set culture on January 30, 1943, is hereby person who wilfully violates any provi aside shall not be processed or packed amended to read as follows:
sion of this order is guilty of a crime without instructions furnished by the and may be prosecuted under any and 1407.1 Restrictions on the purchase, Director, or any governmental agency, if all applicable laws. Further, civil ac delivery, and use of dried fruit a Defi such fruit is to be purchased by a gov tion may be instituted to enforce any nitions. When used in this order, unless ernmental agency. The Director or any liability or duty created by, or to enjoin otherwise distinctly expressed or mani governmental agency may issue specifi any violation of, any provision of this festly incompatible with the intent cations at any time as to the processing, order.
hereof:
packing, labeling, boxing, and strapping g Delegation of authority. The ad 1
The term dried fruit means the of the fruit to be acquired by each such ministration of this order and the powers whole or fleshy portions of apples, apri governmental agency.
vested in the War Food Administrator, cots, peaches, pears, prunes, and the 3 Each packer shall mail to, or file insofar as such powers relate to the ad Thompson seedless, Muscat, Sultana, and with, the Director on the 15th and last ministration of this order, are hreby Zante currant varieties of grapes pre delegated to the Director. The Director days of each month reports on Form served by the removal -therefrom of part is authorized to redelegate to any em FDO series. This reporting require of the natural moisture and, unless ployee of the United States Department ment has been approved by the Bureau otherwise indicated, shall include such
War Pood Administrator on August 6, 1943.
2 Each term defined in Pood Dis tribution Order No. 74-1 shall, when Used herein, have the same meaning as set forth in said Pood Distribution Order No. 74.
b Authority delegated. In accord ance with the provisions of 1405.18 g of the order, there is hereby delegated to Merritt A. Clevenger, as Order Ad ministrator, and Donald R. Rush and Harold A. Brock, as Deputy Order Ad ministrators, the following authority to administer, in the respects hereinafter stated, the aforesaid order:
1 The aforesaid Order Administra tor may, after having received in each instance prior approval by the Chief or Acting Chief of the Fruit and Vegetable Branch, Pood Distribution Administra tion, War Pood Administration, issue general authorizations in accordance with the provisions of 1405.18 b 3
of the order, and may, after having re ceived in each instance prior approval as aforesaid, prescribe, in accordance with the provisions of 1405.18 b 4
of the order, the minimum grade of all peaches which may be shipped pursuant to such order.
2 The aforesaid Order Administra tor may exercise the authority conferred on the Director by the provisions of 1405.18 b 5 and 1405.18 c of the order.
3 The aforesaid Order Administra tor or any Deputy Order Administrator may exercise the authority conferred on the Director by the provisions of 1405.18 b 2 of the order.
c Effective date. The provisions hereof shall become effective at 12:01
a. m., e. w. t., August 9, 1943.