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sugar, duty-paid basis, above 3.50 cents per pound, the price of standard sugarcane shall be increased by not less than 3 percent, with intervening prices in proportion, unless the price of raw sugar exceeds 3.75 cents per pound, in which case settlement shall be made on the basis of $1.03 for each 1 cent of the price;

(iii) That the premiums paid for sugarcane of the 1939 crop containing more sucrose in the normal juice than that defined as standard sugarcane, shall be not less than those paid by such processor during the 1938 crop

year;

(iv) That the discounts applicable to sugarcane of the 1939 crop containing less sucrose in the normal juice than that defined as standard sugarcane shall be not greater than those applied in connection with the 1938 crop; and

(v) That deductions based upon decreased boiling house efficiency may be made for frozen sugarcane accepted by the processor (it being understood that cane shall not be considered as frozen even after being subjected to freezing temperature unless and until there is evidence of damage having taken place because of the freeze) at a rate not in excess of 3.775 percent of the payment, computed as aforesaid, for each .25 cc. of acidity above 2.25 cc. but not in excess of 4.50 cc. (analyzed in accordance with the established methods of the area, with intervening fractions computed to the nearest multiple of .05 cc.).

(b) For purposes of this section:

(1) Standard sugarcane shall be sugarcane containing no more sucrose in the normal juice than was defined as standard sugarcane by the processor in his sugarcane purchase contract, or contracts, verbal or written, used in the year 1938.

(3) Where the only available practicable means of transportation are rail facilities and the distance to the nearest factory is in excess of 50 miles, the cost of transportation may, by mutual consent of the interested parties, and subject to review by the Secretary of Agriculture or his authorized agent, be shared by the processor and producer.

(4) The processor shall not, through any subterfuge or device whatsoever, reduce the returns from the 1939 crop of Louisiana sugarcane to the grower below those determined above. (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., 1131) [S.D. 76, Oct. 10, 1939; 4 F.R. 4224]

§ 802.23a Determination of farming practices to be carried out in connection with the production of the 1939 crop of sugarcane in the mainland cane sugar area-(a) Soil-building requirement. The conditions prescribed in subsection (e) of section 301 of the Sugar Act of 1937 shall be deemed to have been fulfilled with respect to the production of the 1939 crop of sugarcane for sugar on any farm in the mainland cane sugar area if there is carried out in 1939, on land on the farm which is adapted to the production of sugarcane for sugar, an acreage of soil-building practices equal to not less than 30 percent of the acreage of sugarcane for sugar growing on the farm for harvest in 1939.

(b) Approved practices. (1) Each acre of the following shall be counted as 1 acre of soil-building practices:

(i) Seeding winter legumes.

(ii) Plowing or disking under a good stand and good growth of a green manure crop, or cover crop (excluding lespedeza, peanuts hogged off, and nonleguminous cover crops).

(iii) Turning under a good stand and good growth of summer legumes (exclud

umes used as truck crops) NOT inter

planted or grown in combination with row crops such as corn.

(2) Costs, such as hoisting and weigh-ing peanuts, lespedeza, and summer leging of sugarcane, shall be absorbed by the producer or processor, as the case may be, who absorbed such costs in 1937, but nothing in this paragraph shall be construed as prohibiting negotiations with respect to the level of such costs, subject upon appeal, to review by the Secretary of Agriculture or his authorized agent in the event of changes unfairing peanuts, lespedeza, and summer legto either producer or processor. umes used as truck crops) interplanted

(2) Each 2 acres of the following shall be counted as 1 acre of soil-building practices:

(i) Turning under a good stand and good growth of summer legumes (exclud

or grown in combination with row crops, | 30, 1939. The requirements of section such as corn, provided the summer legume occupies at least one-third of the land.

301 (b) of the Sugar Act of 1937 shall be deemed to have been met with respect to any harvesting of cane in the mainland (3) Each of the following practices in cane sugar area during the period from the amounts specified shall be counted as September 1, 1938, to June 30, 1939, if all 1 acre of soil-building practices if ap- persons employed on the farm during plied to a full seeding of winter legumes. that period in the harvesting of sugar(i) Application of 300 pounds of 16- cane shall have been paid in full for all such work and shall have been paid percent superphosphate (or its equivalent) to, or in connection with the seed-wages in cash therefor at rates not less than the following: ing of, winter legumes.

(ii) Application of 500 pounds of basic slag or rock phosphate (including Colloidal phosphate) to, or in connection with the seeding of, winter legumes.

(a) Louisiana. (1) For cutting, topping and stripping cane: adult male workers, not less than $1.50 per day of 9 hours; adult female workers, not less than $1.20 per day of 9 hours. For a land the top soil of which is combustible working day longer or shorter than 9 (determined as such by the State Agri-hours, the rate shall be not less than 17 cents per hour for adult male workers and 13 cents per hour for adult female workers.

(4) Each one and one-half acres of

cultural Conservation Committee) on which there are carried out the practices specified in paragraphs B, C, D and E of amendment 3 to Southern Region Bulletin 101, issued June 11, 1937, for protecting the soil against fire, assuring adequate drainage, and preventing soil oxidation and subsidence, shall be counted as 1 acre of soil-building practices: Provided, however, That there shall be carried out on such land on the farm such other practices as are recommended for the farm by the county agricultural conservation committee, and approved by the State agricultural conservation committee, for protecting the soil against fire, assuring adequate drainage, preventing soil oxidation and subsidence, and otherwise preserving and improving the fertility of the soil and preventing soil erosion, such practices to be consistent with reasonable standards of the farming community in which the land is located.

(c) Standards of performance. The soil conserving practices shall be carried out on the farm in accordance with farming methods commonly used in the community in which the farm is located and in accordance with specifications approved by the Director of the Southern Division of the Agricultural Adjustment Administration. (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., 1131) [S.D. 68, May 10, 1939; 4 F.R. 1998]

§ 802.24b Determination of fair and reasonable wage rates for harvesting sugarcane in the mainland sugarcane area between September 1, 1938, and June

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(3) For cutting, topping, and stripping cane and for cutting and topping cane: adult male workers, not less than $2 per day of 9 hours; adult female workers, not less than $1.60 per day of 9 hours. For a working day longer or shorter than 9 hours, the rate shall not be less than 22.5 cents per hour for adult male workers and 18 cents per hour for adult female workers.

(c) Provided, however, That the producer shall furnish to the laborer, without charge, the customary perquisites, such as, a habitable house, a suitable garden plot with facilities for its cultivation, pasturage for livestock, medical attention, and similar incidentals: And provided,

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as, a habitable house, a suitable garden plot with facilities for its cultivation, pasturage for livestock, medical attention, and similar incidentals; And provided, further, That if work is performed on any piece rate basis the earnings per hour or per day shall not be less than the rates per hour and per day specified above for male and female workers, respectively; And provided further, That the producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those deter

mined above. (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., 1131) [S.D. 58, Jan. 19, 1939; 4 F.R. 3811

(e) Nothing in this section shall be construed to mean that producer may qualify for a payment under the said § 802.24d Fair and reasonable wage Act who has not paid in full the amount rates for persons employed in the haragreed upon between the producer and vesting of sugarcane in the mainland the laborer. (Sec. 301. 50 Stat. 909; 7 cane sugar area between September 1, U.S.C., Sup., 1131) [As amended by S.D. 47 (Rev.), Feb. 16, 1939; 4 F.R. 9671 ments of section 301 (b) of the Sugar 1939, and June 30, 1940. The require§ 802.24c Fair and reasonable wage Act of 1937 shall be deemed to have been rates for persons employed in the plant- met with respect to the harvesting of ing and cultivating of sugarcane in the sugarcane in the mainland cane sugar mainland cane sugar area during calen-area during the period from September dar year 1939. The requirements of 1, 1939, to June 30, 1940, if all persons section 301 (b) of the Sugar Act of 1937 employed on the farm during that period shall be deemed to have been met with in the harvesting of sugarcane shall respect to any planting and cultivating have been paid in full for all such work of sugarcane in the mainland cane sugar and shall have been paid wages in cash area during the period from January 1, therefor at rates not less than the fol1939, to December 31, 1939, if all persons lowing: employed on the farm during that period in the planting and cultivating 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) Louisiana. For adult male workers, not less than $1.20 per day of 9 hours; for adult female workers not less than $1 per day of 9 hours. For a working day longer or shorter than 9 hours, the rate shall be not less than 13 cents per hour for adult male workers and 11 cents per hour for adult female workers.

(b) Florida. For adult male workers not less than $1.60 per day of 9 hours; for adult female workers not less than $1.30 per day of 9 hours. For a working day longer or shorter than 9 hours, the rate shall be not less than 18 cents per hour for adult male workers and 14 cents per hour for adult female workers.

(a) For cutting, topping and stripping sugarcane:

(1) Louisiana. (i) On a day basis, adult male workers, not less than $1.50 per day of 9 hours; adult female workers, not less than $1.20 per day of 9 hours. For a working day longer or shorter than 9 hours, the rate shall be not less than 17 cents per hour for adult male workers and 13 cents per hour for adult female workers.

(ii) On a tonnage basis, not less than 75 cents per ton.

(2) Florida. (i) On a day basis, adult male workers, not less than $2 per day of 9 hours; adult female workers, not less than $1.60 per day of 9 hours. For a working day longer or shorter than 9 hours the rate shall be not less than 22.5 cents per hour for adult male workers and 18 cents per hour for adult female workers.

(b) For loading sugarcane:

Provided, however, That the producer shall furnish to the laborer, without (3) Louisiana and Florida. (i) On a charge, the customary perquisites, such day basis, not less than $1.80 per day of

9 hours. For a working day longer or shorter than 9 hours the rate shall be not less than 20 cents per hour.

and 11 cents per hour for adult female workers.

(e) For harvesting operations per

(ii) On a tonnage basis, not less than formed by children:

20 cents per ton.

(7) Louisiana and Florida. (i) For

(c) For cutting and loading sugarcane children between the ages of 14 and 16 as a combined operation:

(4) Louisiana. (i) On a day basis, not less than $1.60 per day of 9 hours. For a working day longer or shorter than 9 hours the rate shall be not less than 18 cents per hour.

(ii) On a tonnage basis, not less than 95 cents per ton.

(5) Florida. (i) Green sugarcane on a tonnage basis, not less than the following rates per ton:

Type of sugarcane

Small barrel_
Medium barrel_
Large barrel..

years, the rate per day of 8 hours shall be not less than three-fourths of the rates established above for adult male workers for a 9-hour day. For a working day shorter than 8 hours the rate shall be in proportion.

(ii) The piece rates for children between the ages of 14 and 16 years shall be the same as those established above for adults.

(f) Provided, however, (1) That all wage rates specified above shall be inRate per ton creased by not less than 1 percent for $1.19 97 every increase of 5 cents in the average .81 price per 100 pounds of 96 raw sugar,

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(d) For other harvesting operations: (6) Louisiana and Florida. (i) Tractor drivers, truck drivers, and operators of mechanical loading equipment, not less than $1.85 per day of 9 hours. For a working day longer or shorter than 9 hours the rate shall be not less than 21 cents per hour.

(ii) Teamsters, not less than $1.75 per day of 9 hours. For a working day longer or shorter than 9 hours the rate shall be not less than 20 cents per hour. (iii) Grabmen, not less than $1.80 per day of 9 hours. For working day longer or shorter than 9 hours the rate shall be not less than 20 cents per hour.

(iv) Hoist operators, not less than $1.60 per day of 9 hours. For a working day longer or shorter than 9 hours the rate shall be not less than 18 cents per hour. (v) Other harvesting operations not specifically provided for above: For adult male workers, not less than $1.25 per day of 9 hours; for adult female workers, not less than $1 per day of 9 hours. For a working day longer or shorter than 9 hours, the rate shall be not less than 14 cents per hour for adult male workers

duty paid basis, above $3, which average price shall be: For Louisiana the simple average of the weekly quotations of the Louisiana Sugar and Rice Exchange and the Cane Products Trade Association Exchange (or such quotations as the Secretary may elect to use for the purpose) for the weeks from September 29, 1939, to December 28, 1939; and for Florida the simple average of the daily quotations of 96° raw sugar, duty paid basis, at New York for the period beginning December 1, 1939, and ending April 30, 1940;

(2) That the piece rate for a particular operation calculated on other than a tonnage basis shall be such as to provide earnings per day or per hour of not less than the daily or hourly earnings specified above for such operation;

(3) That the producer shall furnish to the laborer without charge the customary perquisites, such as a habitable house, a suitable garden plot with facilities for its cultivation, pasturage for livestock, medical attention and similar incidentals;

(4) That the producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above; and

(5) That nothing in this section shall be construed to mean that a producer may qualify for a payment under the act who has not paid in full the amount agreed upon between the producer and

laborer. (Sec. 301, 50 Stat. 909; 7 U.S.C., (c) Tenant and share-cropper protec

Sup., 1131) IS.D. 73, Oct. 6, 1939; 4 FR. 41851

§ 802.26a Proportionate shares for farms in the mainland cane sugar area for the 1939 crop-(a) Proportionate share calculation; maximum. The proportionate share of sugarcane for any farm in the mainland cane sugar area for the 1939 crop shall be equal to 75 percent of the 1938 proportionate share, or 100 percent of the acreage measured for harvest under the 1938 mainland sugarcane program, whichever is smaller, but in no event shall the proportionate share be in excess of 60 percent of the cropland which was suitable for the production of sugarcane during the 1938 crop season, except as provided in paragraph (b) hereof: Provided, however, That for any farm for which a 1938 proportionate share was established pursuant to paragraph (a) of the determination of proportionate shares for farms in the mainland cane sugar area for the 1938 crop, the 1939 proportionate share shall be not less than the lesser of either: (1) 18 acres, or (2) the planted proportionate share acreage measured for harvest under the 1938 mainland sugarcane program.

(b) Minimum share. At the option of the producer(s), the minimum proportionate share shall be the largest of the following:

(1) For any farm, the sum of the acreage planted to sugarcane for sugar in the fall of 1937, the spring of 1938, and the fall of 1938 prior to October 1. 1938, but not in excess of the 1938 proportionate share;

(2) For farms having 30 acres or less suitable for the production of sugarcane, one-third of such acreage, but not less than 5 acres;

(3) For farms having more than 30 acres suitable for the production of sugarcane, 10 acres in any event, with a further addition of one-fourth of such acreage in excess of 30 acres, provided there is plowed under a leguminous crop, immediately prior to and in preparation for the 1938 fall planting of sugarcane, on an acreage equivalent to the difference between the acreage determined pursuant to this subparagraph (3) and paragraph (a) above.

tion. In addition to the foregoing, the following conditions shall be met:

(1) That no change shall have been made in the leasing or cropping agreements for the purpose of diverting to any producer any payment to which tenants or share-croppers would be entitled if the 1938 leasing or cropping agreements were in effect.

(2) That there shall have been no interference by any producer with contracts heretofore entered into by tenants or share-croppers for the sale of their sugarcane.

This section supersedes the former § 802.26a issued October 4, 1938. (Sec. 302, 50 Stat. 910; 7 U.S.C., Sup., 1132) [As amended by S.D. 45 (Rev.), Feb. 1, 1939; 4 F.R. 506]

§ 802.26b Proportionate shares for farms in the mainland cane sugar area for the 1940 crop-(a) Proportionate shares for growers whose 1939 proportionate share acreages were reduced by 25 percent. The proportionate share of sugarcane, in terms of planted acreage, for the 1940 crop for any farm in the mainland cane sugar area for which a 1939 proportionate share is established pursuant to paragraph (a) of the determination of proportionate shares for the 1939 crop shall be equal to the planted proportionate share acreage measured for harvest under the 1939 mainland sugarcane program.

(b) Proportionate shares for small growers who harvested sugarcane in 1939. The proportionate share of sugarcane, in terms of planted acreage, for the 1940 crop for any farm in the mainland cane sugar area in which the planted proportionate share acreage measured for harvest under the 1939 mainland sugarcane program is 10 acres or less shall be equal to such planted proportionate share acreage: Provided, however, That for any such farm in which the planted acreage measured for harvest under the 1939 mainland sugarcane program is less than the 1939 proportionate share acreage obtainable under the determination of proportionate shares for the 1939 crop, the 1940 proportionate share shall be equal to such planted acreage plus such additional acreage as may be applied for in an application which

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