ity 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.

§ 242.6 Assignments. Payments hereunder will be made only to the eligible shipper. No claim hereunder or any part thereof shall be assignable without the written consent of Commodity.

§242.7 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.

§242.8 Term of offer. This offer as herein amended shall apply to all eligible shipments by eligible shippers arriving at destinations in Zones I, II, III, and IV on or after the effective date hereof, and up to and including July 31, 1944 (unless this offer is terminated earlier pursuant to § 242.9).

§242.9 Termination. Commodity reserves the right to amend or terminate this offer, in whole or in part, at any time by giving public notice of such amendment or termination. The issuance by Commodity or War Food Administration of a press release or the filing of the amendment or notice of termination with the FEDERAL REGISTER shall consti

tute sufficient public notice of any amendment or termination of this offer. Any such amendment or termination shall not preclude the subsequent filing of applications for payment by and the making of payments to eligible shippers in respect of eligible shipments made on or before the date of such amendment or termination: Provided, That such application for payment is made within 90 days after the date of such amendment or termination.

§242.10 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.

§ 242.11 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.

§242.12 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 persons 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: 51⁄2" 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, Maryland, 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 "Zone III" means and includes North Dakota, South Dakota, those counties in Nebraska and Kansas and those parishes in Louisiana not included in Zone II, all counties in Oklahoma except Cimarron, Texas, and Beaver, and the following counties in Texas: Hardeman, Foard, Knox, Haskell, Jones, Taylor, Runnels, Concho, Menard, Kimble, Edwards, and Kinney and all counties east thereof.

(h) The term "Zone IV" means and includes Wyoming, Colorado, New Mexico, Arizona, the following counties in Utah: Daggett, Grand, San Juan, and Uintah; the following counties in Oklahoma: Cimarron, Texas, and Beaver, and those counties in Texas not included in Zone

III.

§242.13 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.

$242.14 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.

§ 242.15 Benefits. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this offer or to any benefit to arise herefrom but this provision shall not be construed to extend to benefits arising from this offer if accruing to a corporation.

§ 242.16 Effective date. This amended offer shall be effective December 13, 1943, at 12:01 a. m., eastern war time.

§242.17 Rescission. The offer of Commodity Credit Corporation to Make Apple Freight Equalization Payments, issued October 22, 1943, supra, is hereby terminated and rescinded except in respect of eligible shipments made thereunder arriving at destination in Zone I or Zone II prior to the time that this amended offer becomes effective.

243.9

Lost, stolen, or destroyed drafts. 243.10 Right to declare applications for payment invalid.

243.11 Instructions and interpretations.

AUTHORITY: §§ 243.0 to 243.11, 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: §§ 243.0 to 243.11, inclusive, contained in Dairy Feed Form 1, President, Commodity Credit Corporation, Oct. 16, 1943, 8 F.R. 14999. Exception is noted in brackets following section affected.

§243.0 Introduction. In an effort to maintain and increase the production of eligible dairy products, the War Food Administration through Commodity Credit Corporation (herein called "Commodity"), a corporate agency of the United States, pursuant to announcement heretofore made, hereby offers to make dairy feed payments to eligible producers for the quarter beginning October 1, 1943 and ending December 31, 1943, and, in the case of eligible producers in certain areas of the States of California, Mississippi and Tennessee specified herein, also for the month of September 1943, all in the manner and subject to the terms and conditions specified in this offer, such payments being intended to offset increases, since September 1942, in the cost of dairy feeds.

§243.1 Eligible producers. Payments under this offer shall be available upon compliance with the terms and conditions specified herein, to the following (herein called "eligible producers"):(a) dairy farmers who sell eligible dairy products during the term of this offer; and (b) distributors and processors of eligible dairy products in respect of eligible dairy products produced from their own herds during the term of this offer.

§243.2 Eligible dairy products. The term "eligible dairy products", as used herein, shall mean whole milk, butterfat, butter, and cream produced by the eligible producer who applies for payment hereunder in respect thereof, but shall not include goat's milk or goat's milk products.

§243.3 Rates of payment. The rate of the payment hereunder shall be that specified in Schedule A, infra, and by this reference made a part hereof, as applicable to the period covered by such payment for the area in which the farm on which such eligible dairy products were produced is located. The areas and rates specified in such Schedule A have been determined primarily on the basis of changes in the price of dairy feed since September 1942, adjusted for (a) relative increases in the price of milk since 1938-40; and (b) average proportion of dairy feed purchased.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§243.3 Rates of payment. The rate of the payment hereunder shall be that specified in Schedule A, infra, and by this reference made a part hereof, as applicable to the period covered by such payment for the area in which the farm on which such eligible dairy products were produced is located: Provided, however, That for the months of November and December, 1943, the applicable rate of payment hereunder to an eligible producer per hundredweight of whole milk which is not excluded from the computation of the net pool obligation pursuant to Order 27 (7 CFR, Cum. Supp., Part 927), issued by the Secretary of Agriculture on March 26, 1942, as amended to the date hereof, and in respect of which he is a "producer" as that term is defined in such Order No.

27, shall be fifteen cents (15c) less per hundredweight than the applicable rate stipulated in said Schedule A. The areas and rates specified herein and in such Schedule A have been determined primarily on the basis of changes in the price of dairy feed since September 1942, adjusted for (a) relative increases in the price of milk since 1938–40; and (b) average proportion of dairy feed purchased. [1943 C.C.C. Dairy Feed Form 1, Amdt. 1, Nov. 1, 1943, 8 F.R. 15001]

§ 243.4 Measure of payment. Payments in respect of eligible dairy products, pursuant hereto, shall be based upon the quantity of whole milk or butterfat: (a) Produced by eligible producers and sold by them; or (b) in the case of eligible producers who are distributors or processors handling also dairy products produced by others, produced from their own herds, during the period covered by the application for payment. For the purpose of any such payment for the period covered by the application for payment: (1) the quantity of whole milk shall be rounded to the nearest hundredweight; (2) the quantity of butter shall be converted to pounds of butterfat on the basis of eight-tenths (.8) pound of butterfat per pound of butter; (3) the quantity of cream sold (or in the case of eligible producers who are processors or distributors, earmarked) for consumption as cream shall be converted to pounds of butterfat on the basis of four-tenths (.4) pound of butterfat per quart of cream; (4) the quantity of butterfat shall be rounded to the nearest pound; and (5) the quantity of milk sold by liquid measure shall be converted to pounds of whole milk on the basis of 2.15 pounds per quart. To the extent that eligible producers deliver whole milk and do not recover their skim milk, payments hereunder shall be made on the basis of the applicable whole milk rates regardless of the basis on which they are paid for their product. To the extent that eligible producers deliver cream or butter, or deliver milk as whole milk and recover their skim milk, payments hereunder shall be made at the applicable butterfat rate. Payments made to eligible producers covering operations during the month of September 1943, shall be made only in respect of whole milk without recovery of skim milk.

§ 243.5 Prerequisites to payment. Payments hereunder will be made only to eligible producers who: (a) file applications for payment, in such form as shall be approved by Commodity, with the County AAA Committee in the county in which the eligible dairy products covered thereby were produced not later than November 30, 1943, with respect to September and October operations, and not later than January 31, 1944, with respect to November and December operations, and (b) supply, with such applications for payment, evidence satisfactory to such County AAA Committee with respect to their eligibility, compliance with this offer, and the proper amounts of such payments. Milk statements or sale receipts issued by cooperatives, dairies, creameries, and others, showing the amount of whole milk or butterfat purchased, the date of purchase, and the names of the seller and buyer will be considered satisfactory evidence of sales. If an eligible producer is unable to furnish satisfactory extrinsic written evidence of sale, his personal certification of the amount sold, number of cows milked, amount and type of feed used, and customers served, may, in the discretion of the County AAA Committee, and subject to such rules as Commodity prescribes, be accepted as sufficient if such certification is consistent with the County AAA Committee's knowledge of the eligible producer's business and is made in accordance with rules as prescribed by Commodity. In the event an eligible producer is also a distributor only of eligible dairy products produced by him, sales of eligible dairy products in the course of such distribution may be totaled for the purpose of recording on the application for payment.

§243.6 Payment. Payment hereunder, on the basis of each such application for payment which has been approved by the applicable County AAA Committee, shall, unless Commodity prescribes a different method of payment, be made by such County AAA Committee by a non-interest-bearing draft drawn on Commodity and payable at any Federal Reserve Bank or branch thereof. If the amount of payment to which the eligible producer would otherwise be entitled, as computed by the County AAA Committee, is less than one dollar ($1.00), no payment shall be made. Payments applicable to an eligible producer's operations hereunder for October (and for September, if covered by this offer) shall be made as soon as

practicable after October 31, 1943, and payments applicable to an eligible producer's operations hereunder for November and December shall be made as soon as practicable after December 31, 1943. Such draft shall be made payable to the person shown in the corresponding application for payment to be the eligible producer, except in the case of death, incompetency, or disappearance of such person. Each draft shall be given a serial number and shall be prepared in duplicate. The original thereof shall be delivered to the eligible producer and the copy retained in the County AAA office. The making of any payment on the basis of an approved application for payment filed hereunder shall not constitute final acceptance of the validity or amount of the claim represented thereby. In the event of a subsequent finding that any such claim is invalid, defective or incorrectly computed, 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.

§243.7 Assignment and set-off. Payments due or to become due hereunder shall not be assignable in whole or in part. Payments hereunder shall be subject to set-offs for indebtedness of the eligible producer to United States of America or any agency or corporation thereof recorded on any County AAA office debt register and this offer is expressly made subject to such provision for set-offs.

§ 243.8 Death, incompetency, or disappearance. In case of death, incompetency, or disappearance of an eligible producer, application for any payment hereunder may be made by any person who, under the regulations contained in Agricultural Adjustment Agency Form ACP-122, would be entitled to payment. In any such case, the person filing the application shall execute Agricultural Adjustment Agency Form ACP-103 and file such executed form, attached to the application for payment hereunder, with the County AAA Committee.

§ 243.9 Lost, stolen, or destroyed drafts. In the event any executed draft shall be lost, stolen, or destroyed, the fact of such loss, theft, or destruction shall be reported immediately to the office of the applicable County AAA