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3612

RULES AND REGULATIONS

shipped only during the next succeeding effective under the applicable provisions calendar day in addition to the quantity of the Agricultural Marketing Agreement of such plums of a size smaller than a size Act of 1937, as amended, and upon the that will pack such 4 x 4 standard pack basis of the recommendations of the that such shipper could have shipped on Plum Commodity Committee, established such succeeding calendar day if there under the aforesaid amended marketing had been no undershipment during the agreement and order, and upon other two 2 preceding days. The aforesaid available information, it is hereby found 4 x 4 standard pack and 4 x 5 standard that the limitation of shipments of Bur pack are defined more specifically in subbank plums, as hereinafter provided, will paragraphs 2 and 3, respectively, of tend to effectuate the declared policy of this paragraph.
the act.
2 It is hereby further found that it 2- As used in this section, the afore said 4 x 4 standard pack is defined more is impracticable and contrary to the pub specifically as follows; i At least thirtylic interest to give preliminary notice, five 35 percent, by count, of the plums engage in public rule making procedure, contained in such pack measure not less and postpone the effective date of this than 1 %6 inches in diameter; ii at section until 30 days after publication least sixty 60 percent, by count, of the thereof in the F ederal R egister 60 Stat.
plums contained in such pack measure 237; 5 U. S. C. 1001 et seq. in that, as not less than 1% inches in diameter;
hereinafter set forth, the time interven and iii no plums contained in such ing between the date when information pack measure less than 1%e. inches in upon which this section is based became diameter.
available and the time when this section 3 As used in this section, the afore must become effective in order to effec said 4 x 5 standard pack is defined more tuate the declared policy of the act is specifically as follows: i At least thirtyinsufficient; a reasonable time is per five 35 percent, by count, of the plums mitted, under the circumstances, for contained in such pack measure not less preparation for such effective time; and than inches in diameter; ii at least good cause exists for making the provi sixty 60 percent, by count, of the plums sions hereof effective not later than July contained in such pack measure not less 2, 1949. A reasonable determination as than l%e inches in diameter; and iii to the supply of, and the demand for, no plums contained in such pack measure such plums must await the development less than 1 inches in diameter.
of the crop and adequate information thereon was not available to the Plum 4 Each shipper, prior to making Commodity Committee until June 28, each shipment of Burbank plums, shall, 1949; recommendation as to the need for, during the period set forth in subpara and the extent of, regulation of ship graph 1 of this paragraph, have the ments of such plums was made at the plums included in each such shipment meeting of said committee on June 28, inspected by a duly authorized repre 1949, after consideration of all available sentative of the Federal-State Inspection information relative to the supply and Service, heretofore designated by the demand conditions for such plums, at Plum Commodity Committee and hereby which time the recommendation and approved; and each such shipper shall supporting information was submitted to submit promptly, or cause to be sub the Department; first shipments of the mitted promptly, to the Plum Commodity current crop of such plums were made Committee Federal-State shipping point on June 27, 1949, and this regulation inspection certificates stating the grades should be made effective not later than and sizes of the Burbank plums con July 2, 1949, in order to effectuate the tained in each such shipment: Provided, declared policy of the act; and com That, in case the following conditions ex pliance with the provisions of this regu ist in connection with any such ship lation will not require of handlers any ment:
preparation therefor which cannot be i A written request for inspection is completed by the effective time hereof.
made to the Federal-State Inspection b Order. 1 During the period be Service not later than 5:00 p. m., of the ginning at 12:01 a. m., P. s. t., July 2, day before the fruit will be available for 1949, and ending at 12:01 a. m., P. s. t., inspection;
November 1, 1949, no shipper shall ship ii The shipper designates in such re from any shipping point during any day quest the date and hours when the fruit any package or container of Burbank will be available for inspection; and iii The Federal-State Inspection plums unless:
Service furnishes the shipper with a i Such plums grade at least U. S. No.
signed statement that it is not practi 1; and cable, under such conditions, for the ii At least thirty-three and oneFederal-State Inspection Service to make third 33% percent, by number of pack the inspection within the necessary time;
ages, of such plums are of a size not the shipper, by submitting or causing to smaller than a size that will pack a 4 x 4
be submitted promptly such signed state standard pack in a standard basket and ment to the Plum Commodity Committee, the remainder of such plums are of a size may make the particular shipment with not smaller than a size that will pack a out inspection, but such shipper shall 4 x 5 standard pack in a standard basket!
comply with all grade and size regula Provided, That if such shipper, during tions applicable to such shipment.
any two 2 consecutive days, ships from 5 Terms used in the amended mar any shipping point less than the maxi keting agreement and order shall, when mum allowable quantity of such plums used in this section, have the same mean that may be of a size smaller than a size ing as Is given to the respective term in that will pack a 4 x 4 standard pack, as said amended marketing agreement and aforesaid, the aggregate amount o f the order; the terms U. S. No. 1, standard undershipment of such plums may be
pack," and "diameter shall have the same meaning as set forth in the revised United States Standards for plums and prunes fresh, 7 CFR 51.360; and the term "standard basket shall have the same meaning as set forth in paragraph numbered 1 qf sectio.n 828.1 of the Agri cultural Code of California.
48 Stat. 31, as amended, 7 U. S. C. and Sup. I 601 et seq; 7 CFR, Part 936, 14
F. R. 2684
Done at Washington, D. C., this 29th day of June 1949.
seal S. R. Sm ith , Director, Fruit and Vegetable Branch, Production and M ar keting Administration.
P . R. Doc. 49-5374; P ile d , June 30, 1949;
9:48 a. m .

P art 953 L emons G rown and A rizona
in
C alifornia
ORDER AMENDING ORDER, AS AMENDED, REGULATING HANDLING

953.0 Findings and determinations.
The findings and determinations herein after set forth are supplementary to and in addition to the findings and determi nations made in connection with the issuance of this order and the findings and determinations made in connection with the issuance of the previously is sued amendment thereto; and all of said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determina tions may be in conflict with the findings and determinations set forth herein.
a Findings upon the basis of the hearing record. Pursuant to the Agri cultural Marketing Agreement Act of 1937, as amended 48 Stat. 31, as amend ed; 7 U. S. C. and Sup. I 601 et seq , hereinafter referred to as the act, and the rules of practice and procedure, as amended, governing proceedings to for mulate marketing agreements and mar keting orders 7 CFR, Part 900; 13 F. R.
8585, a public hearing was held at Lind say, California, on December 20, 1948, upon proposed amendments to the mar keting agreement, as amended, and to Order No. 53, as amended 7 CFR, Part 953, regulating the handling of lemons grown in the States of California and Arizona. Upon the basis of the evi dence introduced at such hearing and the record thereof, it is found that:
1 The said order, as amended and as hereby further amended, and all of the teyns and conditions thereof will tend to effectuate the declared policy of the act;
2 The said order, as amended and as hereby further amended, regulates the handling of lemons grown in the States of California and Arizona in the same manner as, and is applicable only to persons in the respective classes of industrial and commercial activity spe cified in, a marketing agreement upon which hearings have been held;
3 The said order, as amended and as hereby further amended, prescribes, so far as practicable, such different terms, applicable to different produc-