§241.28 Soybeans received by county committees. In areas where there are no approved warehousemen, country warehousemen, or warehousemen's agents available at usual shipping points, or where warehousemen do not cooperate in the purchase program, the county committee or an agent designated by the county committee will receive soybeans and make immediate shipment or store in Commodity Credit Corporation bins.

Soybeans containing in excess of 14 percent moisture shall not be stored in bins owned by Commodity Credit Corporation. However, producers having such soybeans may, after filing an Offer of Sale with the county committee, deliver their soybeans for purchase to a point designated by the county committee, without first securing a grade determination, provided the soybeans do not have a moisture content in excess of 14 percent in the opinion of the producer and the county committee.

In the event the producer is requested by the county committee to deliver his soybeans to a point more distant than his usual delivery point for the purpose of storing or shipping, the Corporation will allow not more than 5 cents per ton per mile haul for the additional distance necessary to make such delivery. In no event shall the county committee approve payments for an additional haul in excess of 4 cents per bushel without prior approval of the regional director of Commodity Credit Corporation. The approval of payment for additional mileage should be submitted on Form J by the county committee, which shall be mailed to the Chicago office of Commodity Credit Corporation for payment. The amount claimed for additional mileage shall not be included in the amount of the sight draft.

County committees shall weigh and load soybeans into bins owned by the Commodity Credit Corporation, and shall secure a representative sample which shall be forwarded to the State office of the Agricultural Adjustment Agency, or to an inspector licensed to grade soybeans. Upon receipt of the grade analysis, which shall include an entry for all grade factors needed to determine purchase price, the county committee shall draw a non-interest-bearing sight draft in favor of the producer, on Commodity Credit Corporation, for the total purchase price of the beans delivered in the same manner, and shall follow the same

instructions as when soybeans are placed in bins by the warehouseman.

Soybeans delivered to the county committee for immediate shipment for the account of Commodity Credit Corporation: Soybeans delivered to the county committee which contain moisture in excess of 14 percent or are otherwise questionable as to keeping qualities, or for which no bin storage is available, should be assembled in carload lots for immediate shipment. Farmers may be required to withhold delivery until such time as shipping space is available. The method of securing grade determinations and the payment for the soybeans will be handled by the county committee in the same manner as outlined above in this section.

§ 241.29 Grade analysis. Where requested by the producer, warehousemen shall furnish the producer a complete grade analysis which shall include class, grade, test weight, moisture, percent of splits, percent of total damage, percent of green damage, percent of foreign material other than dockage, percent of brown and/or black soybeans in case green or yellow soybeans are being offered for sale, and percent of dockage.

If the warehouse is not equipped to furnish all grade factors, a representative sample of the soybeans delivered shall be taken by the warehouseman and producer and sent to the State Office of the Agricultural Adjustment Agency, or to an inspector licensed to grade soybeans, for grade determination before any payment is made to the producer. Each producer will be paid according to the soybeans delivered. The county agriculutral conservation committee shall arrange for the warehouseman to mail such samples direct to the laboratory through the use of C.C.C. Soybean Purchase Form F.

The settlement with the producer by the county agricultural conservation committee will be based upon the grade analysis agreed upon between the warehouseman and producer.

The producer should understand that he has the right to call for an appeal grade if, in his opinion, any grade factors furnished by the warehouseman are incorrect. In such cases, a representative sample taken by the warehouseman and producer shall be forwarded to a qualified licensed inspector for analysis, and settlement shall then be made on the basis of such analysis. The individual requesting the appeal grade shall pay the cost of securing grade determination.gible shippers who (a) file applications for payment, in such form as may be prescribed by Commodity, with Commodity prior to September 30, 1944, and (b) supply, with and in respect of each such application for payment, the originals or properly certified copies of each of the following substantiating documents, in form and substance satisfactory to Commodity: (1) bill of lading; (2) shipping invoice; (3) standard confirmation of sale; (4) purchaser's certificate; (5) inspection certificate, insofar as required under Food Distribution Order No. 83; and (6) paid freight bill (except to the extent that the submission of any of such documents shall be waived by Commodity).

§241.30 Shipping instructions. Soybeans purchased for the account of Commodity Credit Corporation shall be loaded and shipped, according to instructions from Commodity Credit Corporation at Chicago, Illinois. In no event shall a car be loaded until shipping instructions have been received.

§ 241.31 Soybeans of the most adaptable varieties selected for seed. In the heavy soybean-producing counties, the county agricultural conservation committee will assist the warehouseman in selecting high quality soybeans of the most adaptable varieties in order that they may be segregated and stored separately, in bins owned by Commodity Credit Corporation, for seed purposes. Every effort should be made to store such soybeans by variety and a record should be made of the varieties stored.

Right to declare applications for payment invalid.

242.10 Instructions and interpretations.

242.11 Definitions.

242.12 Delegation.

242.13 Correspondence.

AUTHORITY: §§ 242.0 to 242.13, inclusive, issued under 49 Stat. 4, 50 Stat. 5, 53 Stat. 510, 55 Stat. 498, 57 Stat. 566; 15 U.S.C. and Sup., 713.

SOURCE: §§ 242.0 to 242.13, inclusive, contained in Apple Program, Form 1, President, Commodity Credit Corporation, Oct. 22, 1943, 8 F.R. 14878.

§242.0 Introduction. In order to encourage and maintain equitable distribution of apples to all consuming areas and to return to the growers in Washington, Oregon and Western Idaho, a price equivalent to that obtained by producers of apples in other pro

ducing districts on a basis consistent with the maintenance of price ceilings with respect to such apples, Commodity Credit Corporation (herein called "Commodity"), a corporate agency of the War Food Administration of the United States, pursuant to announcement heretofore made, hereby offers to make freight equalization payments to eligible shippers of eligible apples shipped from Washington, Oregon, and Western Idaho (Zone VI as defined in § 242.11), for the benefit of whosoever shall pay the transportation charges thereon, in the manner and subject to the terms and conditions specified in this part.

§242.1 Eligible shippers. Payments under this part shall be available, upon compliance with the terms and conditions specified herein, to shippers of eligible apples (such shippers being herein called "eligible shippers").

§ 242.2 Eligible apples. The term "eligible apples", as used herein, means and includes all apples grown in Zone VI and shipped, during the term of this offer, from a point or points in Zone VI to a point or points in Zone I or Zone II (each such shipment of eligible apples being herein called an "ellgible shipment"), except: (1) Lady apples and all varieties of crab apples; (2) apples heretofore or hereafter released pursuant to Food Distribution Order No. 69 (8 F.R. 10477); and (3) apples restricted from shipment under Food Distribution Order No. 83 (8 F.R. 13379).

§242.3 Rates of payment. The rate of the payment hereunder per wrapped box, or per hundredweight of bulk or loosepacked or non-standard wrapped boxed apples, as the case may be, included in any Eligible Shipment shall be determined in accordance with the following schedule upon the basis of the lowest applicable freight rate per hundredweight from the point of shipment in Zone VI to such point or points of destination in Zone I or Zone II as defined herein, respectively:

§242.5 Payment. Commodity shall, as soon as practicable after receipt of each such application for payment, make payment thereon (if found to be in conformity with this offer) to the appropriate eligible shipper, in trust, for payment over immediately to whosoever shall have paid the shipping charges, on the eligible shipment or eligible shipments covered by such application for payment. The making of any such payment shall not constitute final acceptance of the validity or amount of the claim represented by the application for payment.

In the event of a subsequent finding that any such claim is invalid, defective or incorrectly computed or, if the eligible shipper does not comply with the terms of this offer in respect of paying such proceeds over to whosoever shall have paid the transportation charges on any eligible shipment involved, Commodity shall have the right to require restitution of any such payment or any part thereof, such right being in addition to any and all other rights of Commodity in the premises. In the event an Eligible Shipper shall, in respect of any shipment upon which application for payment is filed hereunder, violate any of the terms and conditions of this offer, such eligible shipper may, at the election of Commodity, be barred from making any application for payment hereunder in respect of any shipment made subsequent to the giving of notice by Commodity of such election by Commodity. Payment will be made to the person shown in the corresponding application for payment to be the eligible shipper. Payments due or to become due hereunder shall not be assignable without the written approval of Commodity.

$242.6 Books and records. All eligible shippers shall maintain complete and accurate books, records, and accounts with respect to all eligible shipments made by them and of the disposition of the proceeds of payment received by them from CommodIty hereunder. All such books, records, and accounts shall be carefully preserved for a period of not less than two (2) years and shall be available for inspection by Commodity or its designated agents or representatives at any reasonable time.

§242.7 Term of offer. This offer shall apply to all eligible shipments by eligible shippers arriving at destination in Zone I and Zone II on or after October 17, 1943, and up to and including July 31, 1944 (unless this offer is terminated earlier pursuant to §242.8 hereof).

§ 242.8 Termination. Commodity reserves the right to modify or terminate this offer at any time upon three (3) days' public notice. The issuance by Commodity of a press release shall constitute sufficient public notice for this purpose. Such modification or termination pursuant to this section shall not affect Commodity's obligations hereunder with respect to eligible shipments by eligible shippers made prior to the effective date of such modification or termination. This offer shall, at the election of Commodity, terminate immediately in the event of and upon the effective date of the termination or any modification of Maximum Price Regulation No. 426, Amendment 0.

§242.9 Right to declare applications for payment invalid. Commodity shall have the right to declare invalid, in whole or in part, any application for payment hereunder in the event such application for payment is not in conformity with this offer.

§ 242.10 Instructions and interpretations. Commodity shall have the right to supplement or clarify any provision or provisions of this offer or alter any procedure prescribed herein at any time by the issuance of instructions or interpretations in connection therewith.

§ 242.11 Definitions. For the purpose of this offer:

(a) The term "Western Idaho" means the Counties of Valley, Boise, Elmore, Idaho and Owyhee, in the State of Idaho, and all counties lying to the West and North thereof in said State;

(b) The term "Zone VI" means and includes Western Idaho and the States of Washington and Oregon;

(c) The term "shipper" means any person who ships apples, except as a carrier of apples owned by other persons;

(d) The term "box" means: (1) a standard western box of the following dimensions (inside measurements): 101⁄2" x 111⁄2" x 18"; or (2) a container of equivalent content; or (3) two standard western half boxes of the following dimensions (inside measurements) each: 514" x 111⁄2" x 18";

(e) The term "Zone I" means and includes Maine, New Hampshire. Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana. Illinois, District of Columbia. Delaware, Marvland, Virginia, West Virginia, North Carolina, South Carolina, Kentucky, all counties in Michigan east of Lake Michigan, the following counties in Wisconsin: Washington, Columbia, Vernon, Sauk, Dodge, and Ozaukee and all counties in Wisconsin south of said counties, the following counties in Missouri: Clark, Lewis and Marion, the following counties in Georgia: Effingham and Chatham, and the following counties in Tennessee: Scott, Morgan, Roane, Loudon, and Monroe and all counties in Tennessee east of said counties:

(f) The term "Zone II" means and includes Minnesota, Iowa, Florida, Alabama, Mississippi, Arkansas, those counties in Michigan, Wisconsin, Missouri, Georgia and Tennessee not included in Zone I, the following counties in Nebraska: Dakota, Thurston, Burt, Washington, Sarpy, and Douglas, the county of Wyandotte in Kansas, and the following parishes in Louisiana: Pointe Coupee, St. Martin, and Iberia and all parishes in Louisiana east of said parishes;

(g) The term "Maximum Price Regulation No. 426, Amendment 9", means Maximum Price Regulation No. 426, Amendment 9, in the form issued by the Office of Price Administration on October 5, 1943.

§242.12 Delegation. Any act, approval, direction or determination provided in the Offer to be made by Commodity may be delegated by Commodity to any agent, representative, or agency to act in its place and stead or for its account.

§242.13 Correspondence. All correspondence, applications for payment, substantiating documents, and notices required or permitted to be sent or made to or filed with Commodity pursuant to this Offer shall, unless and until Commodity shall otherwise prescribe, be sent or made to or filed with Fruit and Vegetable Branch, Food Distribution Administration, 210 Mayer Building, Portland, Oregon.

[Preceding part in small type superseded by following part during the period covered by this Supplement]

§242.0 Introduction. In order to encourage and maintain equitable distribution of apples to all consuming areas and to return to the growers in Washington, Oregon and Western Idaho, a price equivalent to that obtained by producers of apples in other producing districts on a basis consistent with the maintenance of price ceilings with respect to such apples, Commodity Credit Corporation (herein called "Commodity"), a corporate agency of the United States of America, hereby offers to make freight equalization payments to eligible shippers of eligible apples shipped from Washington, Oregon, and Western Idaho for the benefit of whosoever shall pay the transportation charges thereon, in the manner, to the extent, and subject to the terms and conditions specified in this offer.

§ 242.1 Eligible shippers. Payments under this offer shall be available, upon compliance with the terms and conditions specified herein, to shippers of eligible apples (such shippers being herein called "Eligible shippers").

§242.2 Eligible apples. The term "eligible apples", as used herein, means and includes all apples grown in Zone VI and shipped, during the term of this offer, from a point or points in Zone VI to a point or points in Zones I, II, III, or IV, in respect of shipments on which the lowest applicable freight rate per hundredweight is $1.00 or more and utilized for domestic civilian non-governmental consumption other than for conversion into an alcoholic product for sale (each such shipment of eligible apples being herein called an "eligible shipment"), except: (a) Lady apples and all varieties of crab apples; (b) apples heretofore or hereafter released pursuant to Food Distribution Order 69 (8 F.R. 10477); and (c) apples restricted from shipment under Food Distribution Order 83 (8 F.R. 13379).

NOTE: The following interpretation was issued by the President, Commodity Credit Corporation, Nov. 1, 1943, 8 F.R. 14879:

The term "eligible apples" as used in the offer shall mean and include only those apples as defined in § 242.2 of the offer, which are shipped for domestic civilian consumption other than for conversion into an alcoholic product for sale, and shall not include: (1) apples owned by, or shipped to or for utilization by, the United States

22, 1943, supra, shall continue to apply in respect of the eligible shipments referred to therein arriving at destination prior to the effective date of this amended offer.

§ 242.4 Prerequisites to payment. Payments hereunder shall be made only to eligible shippers who (a) file applications for payment, in such form as may be prescribed by Commodity, with Commodity prior to September 30, 1944, and (b) supply, with and in respect of each such application for payment, such substantiating documents and proofs as Commodity may require, including (to the extent not waived by Commodity) the originals or properly certified copies of each of the following, in form and substance satisfactory to Commodity: (1) Bill of lading; (2) shipping invoice; (3) standard confirmation of sale; (4) purchaser's certificate; (5) inspection certificate, insofar as required under Food Distribution Order 83 (8 F.R. 13379); and (6) paid freight bill.

§ 242.5 Payment. Commodity shall, as soon as practicable after receipt of each such application for payment, make payment thereon (if found to be in conformity with this offer) to the appropriate eligible shipper, in trust, for payment over immediately to whosoever shall have paid the shipping charges on the eligible shipment or eligible shipments covered by such application for payment. The making of any such payment shall not constitute final acceptance of the valid