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3770
quantity of such plums that may be of a size smaller than a size that will pack a 4 x 4 standard pack, as aforesaid, the aggregate amount of the undershipment of such plums may be shipped only dur ing the next succeeding calendar day in addition to the quantity of such plums of a size smaller than a size that will pack such 4 x 4 standard pack that such ship per could have shipped on such succeed ing calendar day if there had been no undershipment during the two 2 pre ceding days. The aforesaid 4 x 4 stand ard pack and 4 x 5 standard pack are defined more specifically in subpara graphs 2 and 3, respectively, of this paragraph.
2 As used in this section, the afore said 4 x 4 standard pack is defined more specifically as follows: i At least thirtyfive 35 percent, by count, of the plums contained in such pack measure not less than 1!%6 inches in diameter; ii at least sixty 60 percent, by count, of the plums contained in such pack measure not less than l nAe inches in diameter;
and iii no plums contained in such pack measure less than l%e inches in diameter. 3 As used in this section, the afore said 4 x 5 standard pack is defined more specifically as follows: i At least thirtyfive 35 percent, by count, of the plums contained in such pack measure not less than l x%6 inches in diameter; ii at least sixty 60 percent, by count, of the plums contained in such pack measure not less than l%e inches in diameter;
and iii no plums Contained in such pack measure less than l%e inches in diameter.
4 Each shipper, prior to making each shipment of Sharkey plums, shall, during the period set forth in subparagraph 1
of this paragraph, have the plums in cluded in each such shipment inspected by a duly authorized representative of the Federal-State Inspection Service, heretofore designated by the Plum Com modity Committee and hereby approved;
and each such shipper shall submit promptly, or cause to be submitted promptly, to the Plum Commodity Com mittee Federal-State shipping point in spection certificates stating the grades and sizes of the Sharkey plums con tained in each such shipment: Provided, That, in case the following conditions exist in connection with any such ship ment:
i A written request for inspection is made to the Federal-State Inspection Service not later than 5:00 p. m., of the day before the fruit will be available for inspection;
ii The shipper designates in such re quest the date and hours when the fruit will be available for inspection; and iii The Federal-State Inspection Service furnishes the shipper with a signed statement that it is not prac ticable, under such conditions, for the Federal-State Inspection Service to make the inspection within the neces sary time;
the shipper, by submitting or causing to be submitted promptly such signed state ment to the Plum Commodity Commit tee, may make the particular shipment without inspection, but such shipper
RULES AND REGULATIONS

shall comply with all grade and size reg Plum Commodity Committee until June 28,1949; recommendation as to the need ulations applicable .to such shipment.
5 Terms used in the amended mar for, and the extent of, regulation of ship keting agreement and order shall, when ments of such plums was made at the used in this section, have the same meeting of said committee on June 28, meaning as is given to the respective 1949, after consideration of all availa term in said amended marketing agree ble information relative to the supply and ment and order; the terms U. S. No. 1,. demand conditions for such plums, at standard pack, and diameter shall which time the recommendation and have the same meaning as set forth in supporting information was submitted the revised United States Standards for to the Department; shipments of the plums and prunes fresh, 7 CFR 51.360; current crop of such plums are expected and the term standard basket shall to begin on or about July 12, 1949, and have the same meaning as set forth in this section should be applicable to all paragraph numbered 1 of section 828.1 shipments of such plums in order to ef of the Agricultural Code of California. fectuate the declared policy of the act;
48 Stat. 31, as amended, 7 U. S. C. and and compliance with the provisions of Sup. I 601 et seq.; 7 CFR, Part 936, 14 this section will not require of handlers any preparation therefor which cannot F. R. 2684
be completed by the effective time hereof.
Done at Washington, D. C., this 1st b Order. 1 During the period be day of July 1949.
ginning at 12:01 a. m., P. s. t., July 12, 1949, and ending at 12:01 a. m., P. s. t., seal
M. W. B aker, November 1, 1949, no shipper shall ship Acting Director, Fruit and Veg from any shipping point during any day etable Branch, Production and any package or container of Kelsey plums Marketing Administration.
unless:
F. R. Doc. 49-5540; Filed, July 7, 1949;
1 Such plums -grade at least U. S.
8:45 a. m.
No. 1 with a total tolerance of fifteen 15
percent for defects not considered serious damage in addition to the tolerances per mitted for such grade; and Plum Order 18
ii At least ninety 90 percent, by P art 936F resh B artlett P ears, P l u m s , number of packages, of such plums are and E lberta P eaches G row n i n C al of a size not smaller than a size th at will ifornia pack a 4 x 4 standard pack in a standard basket and the remainder of such plums REGULATION BY GRADES AND SIZES
are of a size not smaller than a size that 936.364 Plum Order 18a Find will pack a 4 x 5 standard pack in a ings. 1 Pursuant to the marketing standard basket: Provided, That, if such agreement, as amended, and Order No. shipper, during any two 2 consecutive 36, as amended 7 CFR, Part 936; 14 days, ships from any shipping point less F. R. 2684 , regulating the handling of than the maximum allowable quantity fresh Bartlett pears, plums, and Elberta of such plums that may be of a size peaches grown in the State of Califor smaller than a size that will pack a 4 x 4
nia, effective under the applicable pro standard pack, as aforesaid, the aggre visions of the Agricultural Marketing gate amount of the undershipment of Agreement Act of 1937, as amended, and such plums may be shipped only during upon the basis of the recommendations the next succeeding calendar day in ad of the Plum Commodity Committee, es dition to the quantity of such plums of tablished under the aforesaid amended a size smaller than a size that will pack marketing agreement and order, and such 4 x 4 standard pack that such ship upon other available information, it is per could have shipped on such succeed hereby found that the limitation of ship ing calendar day if there had been no ments of Kelsey plums, as hereinafter undershipment during the two 2 pre provided, will tend to effectuate the de ceding days. The aforesaid 4 x 4 stand ard pack and 4 x 5 standard pack are de clared policy of the act.
2 It is hereby further found that it fined more specifically in subparagraphs is impracticable and contrary to the pub 2 and 3, respectively, of this para lic interest to give preliminary notice, graph.
2 As used in this section, the afore engage in public rule making procedure, and postpone the effective date of this said 4 x 4 standard pack is defined more section until 30 days after publication specifically as follows: i At least thirtythereof in the F ederal R egister 60 Stat. five 35 percent, by count, of the plums 237; 5 U. S. C. 1001 et seq. in that, as contained in such pack measure not less hereinafter set forth, the time inter than l x%6 inches in diameter; ii at vening between the date when informa least sixty 60 percent, by count, of tion upon which this section is based be the plums contained in such pack meas inches in diame came available and the time when this ure not less than section must become effective in order to ter; and iii no plums contained in such effectuate the declared policy of the act pack measure less than l%e inches in is insufficient; a reasonable time is per diameter.
3 As used in this section, the afore mitted, under the circumstances, for preparation for such effective time; and said 4 x 5 standard pack is defined more good cause exists for making the pro specifically as follows: i At least thirtyvisions hereof effective not later than five 35 percent, by count, of the plums July 12, 1949. A reasonable determina contained in such pack measure not less tion as to the supply of, and the demand than l 1 inches in diameter; ii at for, such plums must await the develop least sixty 60 percent, by count, of the ment of the crop and adequate informa plums contained in such pack measure tion thereon was not available to the not less than l%e inches in diameter; and