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Friday, July 8, 1949
iii no plums contained in such pack measure less than l%e inches in diam eter.
4 Each shipper, prior to making each shipment of Kelsey plums, shall, during the period set forth in subpara graph 1 of this paragraph, have the plums included in each such shipment in spected by a duly authorized represent ative of the Federal-State Inspection Service, heretofore designated by the Plum Commodity Committee and hereby approved; and each such shipper shall submit promptly, or cause to be submit ted promptly, to the Plum Commodity Committee Federal-State shipping point inspection certificates stating the grades and sizes of the Kelsey plums contained in each such shipment; Provided, That, in case the following conditions exist in connection with any such shipment:
. i A written request for inspection is m a d e 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 request 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 practica ble, under such conditions, for the Fed eral-State Inspection Service to make the inspection within the necessary 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 shall comply with all grade and size reg ulations applicable to such shipment.
5 Terms used in the amended m ar keting agreement and order shall, when used in this section, have the same meaning as is given to the respective term in said amended marketing agree ment and order; the terms U. S. No. 1, standard pack, serious damage, and diameter shall have the same mean ing 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 num bered 1 of section 828.1 of the Agricul tural 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 1st day of July 1949.
seal
M . W. B aker, Acting Director, Fruit and Vege table Branch, Production and Marketing Administration.
P. R. Doc. 49-5541; Filed, July 7, 1949;
8:46 a. m.

Plum Order 19

936F resh B artlett P ears, P lum s , and E lberta P eaches G row n i n C ali
fornia
P art
regulation b y grades and sizes
936.365 Plum Order 19a Find ings. 1 Pursuant to the marketing
FEDERAL REGISTER

3771

agréement, as amended, and Order No. allowable quantity of such plums that 36, as amended 7 CFR, Part 936; 14 F. R. may be of a size smaller than a size that 2684, regulating the handling of fresh will pack a 4 x 4 standard pack, as afore Bartlett pears, plums, and Elberta said, the aggregate amount of the under peaches grown in the State of Califor shipment of such plums may be shipped nia, effective under the applicable pro only during the next succeeding calendar visions of the Agricultural Marketing day in addition to the quantity nf such Agreement Act of 1937, as amended, and plums of a size smaller than a size that upon the basis of the recommendations will pack such 4 x 4 standard pack that of the Plum Commodity Committee, es such shipper could have shipped on such tablished under the aforesaid amended succeeding calendar day if there had been marketing agreement and order, and up no undershipment during the two 2
on other available information, it is here preceding days. The aforesaid 4 x 4
by found that the limitation of ship standard pack and 4 x 5 standard pack ments of Ace plums, asxhereinafter pro are defined more specifically in subpara vided, will tend to effectuate the declared graphs 2 and 3, respectively, of this policy of the act.
paragraph.
2 It is hereby further found that it 2 As used in this section, the afore is impracticable and contrary to the pub said 4 x 4 standard pack is defined more lic interest to give preliminary notice, specifically as follows: i At least thirtyengage in public rule making procedure, five 35 percent, by count, of the plums and postpone the effective date of this contained in such pack measure not less section until 30 Says after publication than lf %6 inches in diameter; ii at thereof in the F ederal R egister 60 Stat. least sixty 60 percent, by count, of the 237; 5 U. S. C. 1001 et seq. in that, as plums contained in such pack measure hereinafter set forth, the time interven not less than ltyxa inches in diameter;
ing between the date when Information and iii no plums contained in such pack upon which this section is based became measure less than 1%6 inches in 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 in specifically as follows: i At least thirtysufficient ; a reasonable time is permitted, five 35 percent, by count, of the plums under the circumstances, for preparation contained in such pack measure not for such effective time; and good cause less than 1u/ig inches in diameter; ii exists for making the provisions hereof at least sixty 60 percent, by count, of effective not later than July 12, 1949. A the plums contained in such pack reasonable determination as to the sup measure not less than l%e inches in ply of, and the demand for, such plums diameter; and iii no plums contained must await the development of the crop in such pack measure less than 1%
and adequate information thereon was inches in diameter.
not available to the Plum Commodity 4 Each shipper, prior to making Committee until June 28, 1949; recom each shipment of Ace plums, shall, dur mendation as to the need for, and the ing the period set forth in subparagraph extent of, regulation of shipments of 1 of this paragraph, have the plums such plums was made at the meeting of included in each such shipment inspected said committee on June 28, 1949, after by a duly authorized representative of consideration of all available informa the Federal-State Inspection Service, tion relative to the supply and demand heretofore designated by the Plum Com conditions for such plums, at which time modity Committee and hereby approved;
the recommendation and supporting in and each such shipper shall submit formation was submitted to the Depart promptly, or cause to be submitted ment; shipments of the current crop of promptly, to the Plum Commodity Com such plums are expected to begin on or mittee Federal-State shipping point in about July 12, 1949, and this section spection certificates stating the grades should be applicable to all shipments of and sizes of the Ace plums contained in such plums in order to effectuate the de each such shipment: Provided, That, in clared policy of the act; and compliance case the following conditions exist in with the provisions of this section will connection with any such shipment:
not require of handlers any preparation i A written request for inspection is therefor which cannot be completed by made to the Federal-State Inspection the effective time hereof.
not later than 5:00 p. m., of the b Order. 1 During the period be Service day before the fruit will be available for ginning at 12:01 a. m., P. s. t., July 12, inspection;
1949, and ending at 12:01 a. m., P. s. t., ii The shipper designates in such re November 1, 1949, no shipper shall ship quest date and hours when the fruit from any shipping point during any will bethe available for inspection; and day any package or container of Ace iii The Federal-State Inspection plums unless:
Service furnishes the shipper with a i Such plums grade at least U. 8 . signed statement that it is not practi No. 1; and cable, under such conditions, for the ii At least fifty 50 percent, by Federal-State Inspection Service to make number of packages, of such plums are the inspection within the necessary of a size not smaller than a size that time;
will pack a 4 x 4 standard pack in a standard basket and the remainder of the shipper, by submitting or causing to such plums are of a size not smaller than be submitted promptly such signed a size that will pack a 4 x 5 standard statement to the Plum Commodity Com pack in a standard basket: Provided, mittee, may make the particular ship That, if such shipper, during any two ment without inspection, but such ship 2 consecutive days, ships from any per shall comply with all grade and size shipping point less than the maximum regulations applicable to such shipment.