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W ednesday, A u g u st 24, 1949

FEDERAL REGISTER

5239

position of the available supplies of such shc.ll have the same meaning as when the city of Washington, D. C., on the 21st pears, and therefore the extent of grade used in the United States Standards for day of July A. D. 1949. .
and size regulation warranted, must Winter Pears such as Anjou, Bose, Win In the matter of Oppenheimer Casing await the development of the crop; rec ter Nelis, Comice, and other similar va Company, Inc., a corporation, Natural ommendations as to the need for, and rieties, issued by the United States De Casing Institute, Inc., a corporation, and the extent of, regulation of shipments partment of Agriculture, effective July 8, Charles Silver, Allan S. Becker, and B. R.
of such pears were made at the meeting 1940; and 165 size, 180 size, 195 Solomon, trading as Charles Silver &
of said committee on July 8, 1949, after size,, and 225 size shall mean that the Company.
consideration of all information then pears are of a size which, as indicated This proceeding having been heard by available relative to the supply and de by the size number, will pack, in ac the Federal Trade Commission upon the mand conditions for such pears, at which cordance with the sizing and packing complaint of the Commission, the joint time such recommendations and sup specifications of a .standard pack, as answer of respondents, testimony and porting information were submitted to specified in said United States Stand other evidence in support of and in op the Department; necessary supplemental ards, 165, 180, 195, or 225 pears, respec position to the allegations of the com information was not available to the De tively, in a standard western pear box plaint taken before a trial examiner of partment until August 9,1949; shipments inside dimensions, 18 inches long by the Commission theretofore duly desig of the current crop of such pears are UV2 inches wide by 8V2 inches deep.
nated by it, the trial examiners recom expected to begin on or about September 3
Termination of Pear Order 1. Pear mended decision, and brief by counsel 1, 1949, and this section should be ap Order 1 7 CFR 939.301 is hereby termi supporting the complaint respondents plicable to all shipments of such pears nated at the effective time of the provi having filed no brief and oral argument in order to effectuate the declared policy sions hereof.
not having been requested ; and the of the act; and compliance with this.sec Commission having made its findings as 48
Stat.
31, as amended;
7 U.
S.
C.
and tion will not require of handlers any to the facts and its conclusion that the preparation therefor which cannot be Sup. I 601 et seq.; 7 CFR, Part 939
respondents have violated the provisions completed by the effective time hereof.
Done at Washington, D. C., this 19th of the Federal Trade Commission Act:
b Order. 1 During the period be day of August 1949.
It is ordered, That the respondents, ginning at 12:01 a. m., P. s. t., September Oppenheimer Casing Company, Inc., a
seal M.
W.
B aker, 1,1949, and ending at 12:01 a. m., P. s. t., corporation, Natural Casing Institute, Acting Director, Fruit and Vege July 1, 1950, no handler shall ship:
Inc., a corporation, and Charles Silver, table Branch, Production and 1 Any Beurre DAnjou pears which Allan S. Becker, and B. R. Solomon, in Marketing Administration.
do not meet the requirements of the U. S.
dividually and trading as Charles Silver F. R. Doc. 49-6864; Filed, Aug. 23, 1949;
No. 2 grade: Provided, That Beurre & Company or under any other name or 8:51 a. m.
DAnjou pears may be shipped in inter designation, their officers, agents, repre state commerce only, and not in foreign sentatives, and employees, directly or commerce, when bearing unhealed through any corporate or other device, in TITLE 16 COMMERCIAL
broken skins or skin punctures measur connection with the offering for sale, sale, ing not to exceed three-sixteenths of one PRACTICES
or distribution of casings used as a cover inch in diameter or depth, as the case for wieners and similar meat products, Chapter I Federal Trade Commission do forthwith cease and desist from :
may be, if they otherwise meet the re quirements of the U. S. Combination Docket No. 5148
1. Disseminating, or causing to be dis Grade;
seminated, any advertisement by means P art 3D igest of Cease and D esist ii Any Beurre Bose or Doyenne du of the United States mails or by any O rders Comice pears which do not meet the means in commerce, as "commerce is requirements of the U. S. No. 2 grade;
OPPENHEIMER CASING CO., INC., ET AL.
defined in the Federal Trade Commis iii Any Beurre Easter or Beurre sion Act, which advertisement repre SubpartAdvertising falsely or mis Clairgeau pears which do not meet the sents, directly or by implication, that leadingly: 3.20 Comparative data or wieners requirements of the U. S. No. 1 grade;
or other meat products encased iv Any Winter Nelis pears which do merits; 3.25 Competitors and their in natural casings contain or retain more not meet the requirements of the U. S. products; 3.205 Scientific or . other juices, flavor, proteins, or Vitamin Bj No. 1 grade: Provided, That Winter Nelis relevant facts. Subpart-Disparaging than wieners or meat products produced pears which meet the requirements of competitors and their productsCom by the use of cellulose casing, either petitors products:

3.1010
Qualities or the U. S. Combination Grade may be when offered for sale at the packing properties.
In connection with the offershipped if at least eighty 80 percent, house or when prepared for consumption, by count, of such pears contained in each . ing for sale, sale or distribution of casings or that such products have superior individual container meet the require used as a cover for wieners and similar keeping qualities or are superior nutri meat products, disseminating, etc., any tionally to meat products produced by ments of the U. S. No. 1 grade;
v Any Beurre DAnjou pears which advertisements by means of the United the use of cellulose casings.
States mails, or in commerce, or by any are of a size smaller than the 180 size;
2. Disseminating, or causing to be dis vi Any Beurre Bosj; pears which are means to induce, etc., directly or indi seminated, any advertisement by any rectly, the purchase in commerce, etc., of a size smaller than the 165 size: Pro means for the purpose of inducing, or vided, That Beurre Bose pears which of said casings, which advertisements which is likely to induce, directly or in meet the requirements of the U. S. No. 1 represent, directly or by implication, that directly, the purchase of said casings in grade .may be shipped if they are of a wieners or other meat products encased commerce, as commerce is defined in in natural casing contain or retain more size not smaller than the 180 size;
the Federal Trade Commission Act, vii Any Doyenne du Comice, Beurre juices, flavor, proteins, or Vitamin Bi which advertisement contains any repre than wieners or meat products produced Easter, or Beurre Clairgeau pears which prohibited in paragraph 1
by the use of celluose casing, either when sentation are of a size smaller than the 165 size;
hereof.
or offered for sale at the packing house or It is further ordered, That the re viii Any Winter Nelis pears which when prepared for consumption, or that spondents shall, within sixty 60 days such products have superior keeping are of a size smaller than the j.95 size:
after service upon them of this order, Provided, That Winter Nelis pears which qualities or are superior nutritionally to file with the Commission a report in are of a siz6 not smaller than the 225 size meat products produced by the use of writing, setting forth in detail the man may be shipped in foreign commerce cellulose casings; prohibited. Sec. 5, ner and form in which they have com only.

38 Stat. 719, as amended by sec. 3, 52 plied with this order.
2 Definitions. As used in this secStat. 112; 15 U. S. C., sec. 45b Cease By the Commission.
tion, handler, ship, shipments, and and desist order, Oppenheimer Casing shipped shall have the same meaning Company, Inc., et al., Docket 5148, July seal D . C. D aniel, as when used in the aforesaid marketing 21, 1949
Secretary.
agreement and order; U. S. No. 1, U. S.
At a regular session of the Federal F. R. Doc. 49-6845; Filed, Aug. 23, 1949;
No. 2 and U. 8 . Combination Grade Trade Commission, held at its office in 8:47 a. m.