shall not be deemed to have met the requirements of this section if, through any subterfuge or device whatsoever, the returns from the 1944 crop of Hawaiian sugarcane to the producer are reduced below those determined above. [S.D., Administrator, Dec. 18, 1943; 8 F.R.

16960]

$802.33d Farming practices in connection with the production of the 1942 crop of sugarcane in the Territory of Hawaii-(a) Application of fertilizer. The requirements of section 301 (e) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to a farm in the Territory of Hawaii if fertilizer is applied as follows:

(1) Amount. There shall be applied to land on which sugarcane is growing during 1942 sufficient chemical fertilizer to provide an average quantity of plant food per acre fertilized equal to not less than 100 pounds.

(2) Acreage requirement. The number of acres on which fertilizer is applied in 1942 shall be not less than 80 percent of the number of acres on the farm on which sugarcane is planted, or a ratoon crop of sugarcane is started, at any time during 1942.

(b) Definitions. "Chemical fertilizer" means commercial chemical fertilizer of which not less than 15 percent of the gross weight consists of plant food. "Plant food" the aggregate amount of nitrogen, available phosphoric acid and water-soluble potash. [S.D., Administrator, June 28, 1943, 8 F.R.

8915]

means

§ 802.33e Farming practices in connection with the production of the 1943 crop of sugarcane in the Territory of Hawaii-(a) Required farming practices. The requirements of section 301 (e) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to a farm in the Territory of Hawaii if both of the following practices are complied with:

(1) There shall be applied to an acreage of land equal to not less than 80% of the number of acres on the farm on which sugarcane is planted or a ratoon crop of sugarcane is started, at any time during 1943, sufficient chemical fertilizer to provide an average quantity of plant food per acre fertilized equal to not less than one hundred pounds per acre: Pro

vided, however, That the foregoing requirement shall be deemed to have been met if, because of war exigencies the supply of chemical fertilizer available for any farm is not sufficient to meet the requirements specified herein, there are carried out on the farm, in addition to the application of the amount of chemical fertilizer available to the farm, such other farming practices, if any, calculated to further preserve and improve the fertility of the soil, as the Director of the Division of Special Programs may determine on the basis of a statement of all pertinent facts filed by the operator.

(2) There shall be grown on the farm an acreage of food crops for human consumption equal to not less than onetenth of an acre for each adult male laborer employed on the farm as of January 1, 1943.

(b) Definitions. "Chemical fertilizer" means commercial chemical fertilizer of which not less than 15% of the gross weight consists of plant food. "Plant food" means the aggregate amount of nitrogen, available phosphoric acid and water-soluble potash. [S.D., Administrator, June 10, 1943, 8 F.R. 8044]

§ 802.34f Fair and reasonable wage rates for persons employed in the production, cultivation, or harvesting of sugarcane in Hawaii during the calendar year 1943. The requirements of section 301 (b) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to the production, cultivation or harvesting of sugarcane in Hawaii during the calendar year 1943, if all persons employed on the farm during that period in the production, cultivation or harvesting of sugarcane shall have been paid in full for all such work and shall have been paid wages in cash therefor at rates not less than the following:

(a) Wage rates during the period January 1, 1943, to June 30, 1943. For all work performed during the period beginning January 1, 1943, and ending June 30, 1943, the average daily wage for each laborer for each pay period (including bonus payments) as provided in § 802.34e, or the rate paid or the rate agreed upon between the producer and the laborer, whichever was highest.

(b) Wage rates during the period July 1, 1943, to December 31, 1943. For all work performed during the period beginning July 1, 1943, and ending December 31, 1943:

Average daily wage for each laborer for each pay period (not exceeding 1 month) (per 8-hour day)

(1) Harvesting operations; time basis.
Cutting, cutting and packing,
packing, packing and fluming,
fluming, piling, hand loading and
hauling sugarcane, laying portable
track, laying portable flumes, and
other harvesting operations not
elsewhere provided for:

Adult male workers
Adult female workers..

(2) Non-harvesting operations; time
basis. (1) Planting, cultivating,
fertilizing, irrigating, brooming 1,
and other non-harvesting opera-
tions not elsewhere provided for:

Adult male workers___

Adult female workers...

(11) For work performed under long term cultivation and irrigation agreements, an advance of not less than:

Adult male workers_

Adult female workers_.

$1.84 1.38

1.61 1.21

1.72

1.29

Daily wage per 8-hour day

(5) On a piece rate basis. For all work performed on a piece rate basis, the piece rates shall be the rate agreed upon between the producer and the laborer but in no instance shall the average daily wage for each laborer for each pay period be less than the time rate prescribed under this paragraph (b) for the applicable operations. Piece rates for the same operations shall be the same whether the work is performed by adult males, adult females, or children between 14 and 16 years of age.

1 So-called brooming done directly in connection with the operation of mechanical harvesting equipment shall be considered as covered under subparagraph (1). Other brooming is considered as non-harvesting for the purpose of this determination.

538431-44-SUPP. VI-BK. 120

(6) Wage increases. For each month during the period July 1, 1943, to December 31, 1943, both inclusive, the straight time earning of employees who are covered in this determination shall be increased by one and one-half percent for each one dollar increase in the price of sugar above $65.00 per ton. For purposes of determining the amount of increase, the average New York daily (including Sundays and Holidays) market price per ton of 96° sugar, Hawaiian basis, for the period beginning with the 16th day of the preceding calendar month and ending with the 15th day of the current calendar month, shall be used. These increases shall be applied to the earnings after the wage rates as outlined under subparagraphs (1) to (5), inclusive, have been complied with.

(c) Annual average payments for the calendar year 1943. Subject to the provisions of paragraphs (a) and (b), the annual average payment on each farm for all adult workers, excluding operators of mechanical equipment and workers who are paid a monthly salary of $100 or more, shall be:

In calculating the annual averages the earnings of adult females shall be given a weight of four-thirds.

(d) General provisions. (1) The wage increase provisions of this determination may, upon appeal to the War Food Administrator, be modified as to any producer who is able to establish that the payment of such increases, or any part thereof, will, under present wartime conditions, work an undue hardship on such producer, or seriously impede the production of sugarcane on the farm.

(2) If the producer and laborer agree upon a wage for any operation, or combination of operations, higher than that prescribed in this determination, payment in full of the amount agreed upon must be made to qualify the producer for payment.

(3) In addition to the foregoing wages of this determination, the producer shall furnish the laborer, without charge, the perquisites customarily furnished by him, such as a house, garden plot, and similar incidentals, unless the furnishing of such is restricted by military authority.

(4) The producer shall not, through any subterfuge or device whatsoever,

Page 287

reduce the wage rates to laborers below those determined above. [S.D., Administrator, June 25, 1943, 8 F.R. 8780]

DETERMINATIONS WITH RESPECT TO PUERTO RICAN SUGARCANE

§ 802.43g Farming practices to be carried out in connection with the production of sugarcane during the crop year 1944-45. The requirements of section 301 (e) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to any farm in Puerto Rico if the farming practices specified under paragraph (a) below are carried out on the farm during the period January 1, 1944 to April 30, 1945, and if food crops for human consumption are grown on the farm during the period February 1, 1944 to January 31, 1945, in accordance with the provisions of paragraph (b) below:

(a) Requirements with respect to application of fertilizer-(1) Farms containing more than 400 acres of sugarcane. For farms on which more than 400 acres of sugarcane are growing at any time during 1944:

(i) The application to land on which sugarcane is planted during 1944 of sufficient chemical fertilizer to provide an average quantity of plant food per acre fertilized equal to not less than 75 pounds.

(ii) The application to land on which a ratoon crop of sugarcane is started during 1944 of sufficient chemical fertilizer to provide an average of not less than 50 pounds per acre fertilized.

(2) Farms containing more than 100, but not more than 400, acres of sugarcane. For farms on which more than 100, but not more than 400, acres of sugarcane are growing at any time during 1944:

(i) The application to land on which sugarcane is planted during 1944 of chemical fertilizer in an amount averaging not less than 200 pounds per acre fertilized.

(ii) The application to land on which a ratoon crop of sugarcane is started during 1944 of chemical fertilizer in an amount averaging not less than 130 pounds per acre fertilized.

(3) Farms containing 100 acres or less of sugarcane. For farms on which not more than 100 acres of sugarcane are growing at any time during 1944:

(i) The application to land on which sugarcane is planted during 1944 of chemical fertilizer in an amount averaging not less than 125 pounds per acre fertilized.

(ii) The application to land on which a ratoon crop of sugarcane is started during 1944 of chemical fertilizer in an amount averaging not less than 80 pounds per acre fertilized.

(iii) In lieu of the provisions of subdivisions (i) and (ii) of this subparagraph the application during the 1944 harvest season to the land from which sugarcane is harvested of the tops and trash cut from such sugarcane.

(4) Minimum acreage requirements for the application of fertilizer. In every case in which the application of fertilizer is required as aforesaid, the number of acres on which fertilizer is to be applied prior to April 30, 1945, shall not be less than 100 percent of the number of acres on which sugarcane is planted during 1944, and not less than 80 percent of the number of acres on which a ratoon crop of sugarcane is started during 1944.

(5) Standards of performance. The foregoing practices shall be carried out on the farm in accordance with farming methods commonly used in the community in which the farm is located.

(6) Definitions. Wherever used in this section, chemical fertilizer and plant food are to be defined as follows: "Chemical fertilizer" means commercial chemical fertilizer of which not less than 15 percent of the gross weight consists of plant food. "Plant food" means the aggregate amount of nitrogen, available phosphoric acid, and water soluble potash.

(b) Requirements with respect to food crops. (1) The land to be used for the production of food crops shall be land suitable for the production of sugarcane.

(2) The food crops planted must be among the following: beans (any type), cowpeas, corn, rice, yams, potatoes (Irish and sweet), gandules (plant crop), tanier, apio, cassaba (yucса).

(3) The acreage of such food crops shall be equal to not less than 10 percent of the land on the farm on which sugarcane is growing at June 30, 1944 (but in no event less than one-tenth of an acre).

(4) The land devoted to the crops in question shall be suitably prepared by plowing or disking, adequately seeded, and cultivated in a workmanlike man

ner to assure a good stand at the time of maturity.

(5) Additional credit for the planting of leguminous food crops. Each acre planted to the leguminous food crops specified in paragraph (2) (b) above, shall be equivalent to 11⁄2 acres planted to the nonleguminous types of food crops specified therein. [S.D., Administrator, Dec. 29, 1943, 8 F.R. 17499]

§ 802.44e Fair and reasonable wage rates for persons employed in the production, cultivation, or harvesting of sugarcane in Puerto Rico during the calendar year 1943. The requirements of section 301 (b) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to the production, cultivation, or harvesting of sugarcane in Puerto Rico during the calendar year 1943, if all persons employed on the farm during that period in the production, cultivation, or harvesting of sugarcane shall have been paid in full for all such work and shall have been paid wages in cash therefor at rates not less than the following:

Class of work

(a) Harvesting operations. For all work performed in the harvesting of sugarcane during the calendar year 1943, a producer shall be deemed to have complied with respect to the provisions of section 301 (b) if he has paid in full for all such work wages as determined for the calendar year 1942 (§ 802.44d), or the wage agreed upon, or the wage paid, whichever was highest.

(b) Non-harvesting operations. (1) For all work performed in non-harvesting operations in the production of sugarcane during the period January 1, 1943 to June 30, 1943, a producer will be deemed to have complied with the provisions of section 301 (b) if he has paid in full for all such work wages as determined for the calendar year 1942 (§ 802.44d), or the wage agreed upon, or the wage paid, whichever was highest.

(2) For all work performed in nonharvesting operations in the production of sugarcane during the period July 1, 1943 to December 31, 1943, the rates shall be as follows:

value.

(3) Overtime. Persons employed for more than eight hours (or more than seven hours for workers in Class D) in any 24-hour period shall be paid for the overtime at a rate double the hourly rates specified above.

(4) Piece rates. If work is performed on any piece rate basis the earnings per hour shall be not less than those specified under subparagraph (2).

(c) General provisions. (1) If the producer and laborer agree upon a wage rate for any class of work higher than that prescribed herein, payment in full of the agreed upon rate must be made to qualify the producer for payment.

(2) The producer shall furnish to the laborer, without charge, the perquisites customarily furnished by him, such as a dwelling, garden plot, pasture lot, and medical services.

(3) The producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above. [S.D., Administrator, June 25, 1943, 8 F.R. 8781]

§ 802.45 Normal yield of commercially recoverable sugar per acre and eligibility for payment with respect to abandonment and crop deficiency for sugarcane farms in Puerto Rico (a) Normal yield calculation. (1) The normal yield of commercially recoverable sugar per acre for any farm in Puerto Rico on which sugarcane is grown and marketed (or processed by the producer) for the extraction of sugar during all three of the 1938-39, 1939-40 and 1940-41 crop years shall be the product of:

(i) The average number of hundredweights of sugar, raw value, recovered per short ton of sugarcane processed during such crop years for the extraction of sugar by the mill, or mills, where such sugarcane was ground, and

(ii) The average number of short tons of sugarcane per acre harvested on the farm for the extraction of sugar during the said three crop years.

(2) The normal yield of commercially recoverable sugar per acre for any farm on which sugarcane was not grown and marketed (or processed by the producer) for the extraction of sugar during all three of the 1938-39, 1939-40, and 194041 crop years, shall be the average of such yields for all farms, within the same local producing area, as defined herein, on which sugarcane was harvested for the extraction of sugar during all three of the 1938-39, 1939-40, and 1940-41 crop years.

(b) Eligibility for abandonment and deficiency payments. Any farm located in a local producing area, as defined herein, in which actual yields of commercially recoverable sugar from the sugarcane for farms comprising 10 percent or more of the sugarcane acreage of all farms in such local producing area, were 80 percent or less of the normal yields therefor, as determined by the Officer or Acting Officer in Charge of the San Juan office of the Agricultural Adjustment Agency, because of drought, flood, storm, freeze, disease or insects, shall be eligible for abandonment and deficiency payments.

A "local producing area" shall be all contiguous farms which are found by the Officer or Acting Officer in Charge of the San Juan office of the Agricultural Adjustment Agency to be similar with respect to types of soil or with respect to topography: Provided, however, That farms separated from other farms by any natural barrier such as mountains or large areas of land shall not be included within the same local producing area. [S.D., Administrator, Dec. 7, 1943, 8 F.R. 16586]

DETERMINATIONS WITH RESPECT TO VIRGIN

ISLANDS SUGARCANE

§ 802.51a Fair and reasonable wage rates for persons employed in the production, cultivation, or harvesting of sugarcane in the Virgin Islands during 1943. The requirements of section 301 (b) of the Sugar Act of 1937, as amended, shall be deemed to have been met in the Virgin Islands during the calendar year 1943 if all persons employed on the farm during that period in the production, cultivation, or harvesting of sugarcane shall have been paid in full for all such work and shall have been paid wages in cash therefor at rates not less than those determined for the calendar year 1942 (§ 802.51); the wage agreed upon, or the wage paid, whichever is highest.

(a) General provisions. (1) The producer shall furnish the laborer, without charge, the perquisites customarily furnished by him, such as a dwelling, garden plot, pasture lot, and medical services.

(2) The producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above. [S.D., Administrator, Sept. 4, 1943, 8 F.R. 12255]

§ 802.53a Fair and reasonable prices for the 1943 crop of Virgin Islands sugarcane. Processors who, as producers, apply for payment under the Sugar Act of 1937, as amended, shall be deemed to have complied with the provisions of section 301 (d) of said act, if the requirements specified below have been met:

(a) Purchased sugarcane is paid for at the rate of not less than the f. o. b. mill value of 6 pounds of 96° raw sugar per hundredweight of such sugarcane. The average New York price of 96° raw sugar, for the week (or such other period as may be agreed upon) in which sugarcane was delivered, less all costs involved in the marketing of such sugar (other