then in assembly points so that no car- tion period, as are provided in this load of such shipper's fruit then in as- paragraph. sembly points shall be shipped until a quantity of fruit entering assembly points subsequently to the aforesaid carload, equal to the quantity of fruit contained in said shipment by boat, has been permitted to be shipped. (k) Shipment of storage fruit. Fruit in cold storage shall not be shipped on any particular day during a regulation period, established pursuant to the provisions of this section, unless the quantity of fruit regulated at shipping points and arriving at railroad assembly points in time to depart during the particular day plus the quantity of the fruit eligible for release at assembly points during said particular day is less than the total advisable quantity of the fruit for shipment on said day. When the aforesaid conditions exist, such fruit may be released from cold storage for shipment, during a regulation period, in the same sequence as that in which such fruit has been placed in storage: Provided, That such releases for shipment from cold storage on any day shall be limited to the amount of the fruit advisable to be shipped, pursuant to the provisions of this section, less the quantity of the fruit regulated at shipping points and arriving at railroad assembly points in time to depart during the particular day and the quantity of the fruit eligible for release at assembly points on said particular day: Provided further, That any quantity of fruit in cold storage may be substituted for the same quantity of fruit eligible to be shipped pursuant to the regulation at shipping points or assembly points. (j) Prohibition of loading. The Secretary may, in order to effectuate the declared policy of the Act, prohibit for a period of 48 hours, upon the recommendation of the respective commodity committee supported by the specific information upon which such recommendation is based, or upon the basis of other information available to the Secretary, the loading of fruit for shipment to any or all railroad assembly points: Provided, That there shall elapse not less than 96 hours between the last day of one prohibition period, established pursuant to the provisions of this section, and the first day of the next succeeding prohibition period. Any quantities of fruit loaded for shipment to any cold storage assembly point, during a prohibition period, shall not be eligible for release for shipment, except as provided in paragraph (k) of this section, during such time as said fruit or fruits are being regulated pursuant to the provisions of this section. No shipper who shipped fruit to any or all assembly points during the 48 hours prior to the beginning of a prohibition period, established pursuant to the provisions of this paragraph, shall, (1) Revision and correction of reports. for a period of 48 hours succeeding the The respective commodity committee termination of the respective prohibition may investigate and check the accuracy period, ship fruit to assembly points in of any reports filed pursuant to the proexcess of the quantity of such fruit visions of this section, and said commitshipped by the respective shipper during tee may verify the same in such manner the period of 48 hours immediately prior as it may determine; and, on the basis of to the beginning of such prohibition pe- the findings by said committee, it may riod: Provided, That any shipper who has revise and correct any such report. Each made no shipments from a particular commodity committee shall prescribe regdistrict, during the particular season, be- ulations, subject to modification and apfore the beginning of a prohibition proval of the Secretary, which provide a period, established pursuant to the pro- reasonable means whereby any grower visions of this paragraph, may apply to who may be dissatisfied with the action the respective commodity committee for taken by the respective commodity comexemption from such restrictions appli- mittee may protest to that committee, or cable after the termination of such pro- its representatives, concerning the action hibition period, and, if said commodity taken by said committee; and in the event committee determines that said restric- of such protest, the action taken by the tions operate inequitably to said shipper committee shall be reconsidered and rein a particular district, said commodity vised to any such extent as the committee committee shall exempt such shipper may find to be proper. Such regulations from such restrictions, after a prohibi-shall further provide a reasonable means whereby the person thus protesting may | such shipper's pro rata share, as is apappeal to the Secretary from the committee's final decision on said protest; and the Secretary's determination on such appeal shall be conclusive and final. (m) Exceptions. Cars containing 200 standard packages (as specified in the Agricultural Code of California) or less, or the equivalent thereof in weight, of a fruit covered by a regulation pursuant to the provisions of this section shall be exempt from such regulation: Provided, That, such exempted fruit shall be grown in the district from which it is shipped or shipped from a district in which no such fruit is being harvested during the period of such regulation.*† § 936.6 Compliance. Each shipper must comply with all regulations. No shipper shall ship fruit in violation of the provisions of this instrument or in violation of an order issued by the Secretary pursuant to the provisions of this instrument.** § 936.7 Exemptions for shipments for charitable and other purposes. Nothing contained in this instrument shall be construed to authorize any limitation on the right to ship fruit in any amount for canning, freezing, drying, conversion into by-products, or for charitable or unemployment relief purposes.*+ proved by the Secretary, of the expenses incurred in administering the regulations set forth in said §§ 936.3, 936.4, and 936.5 for the particular fruit so regulated. Each shipper's pro rata share of the general administrative expenses shall be that proportion thereof which the total quantity of fruit shipped by such shipper during said season is of the total quantity of such fruit shipped by all shippers during said season. Each shipper's pro rata share of the expenses necessary in the administration of regulations pursuant to §§ 936.3, 936.4, and 936.5 for a particular fruit, as approved by the Secretary, shall be that proportion thereof which the total quantity of such fruit shipped by such shipper during the season is of the total quantity of such fruit shipped by all shippers during the season. In order to provide funds to carry out the functions of the Control Committee and commodity committees prior to the commencement of shipments in any season, shippers may make advance payments of assessments, which advance payments shall be credited to such shippers and the assessments of such shippers shall be adjusted so that such assessments are based upon the quantity of fruit shipped by such shippers during such season. Any shipper who ships fruit for the account of a grower may deduct, from the account of sale covering such shipment or shipments, the amount of assessment levied on said fruit shipped for the account of such grower. At the end of each season the Control Committee shall credit each contributing shipper with the excess of the amount paid by such shipper above his pro rata share of the expenses, or debit such shipper with the (b) Assessments. Each shipper shall difference between his pro rata share pay to the Control Committee upon de- and the amount paid by such shipper. mand such shipper's pro rata share, as Any such debits shall become due and is approved by the Secretary, of the gen-payable upon the demand of the Coneral overhead expenses during each sea- trol Committee. The Control Commitson for the maintenance and function- tee shall, from funds acquired pursuant ing of the Control Committee and com- to this section, pay the salaries of the modity committees for general overhead expenses for all fruits during the season employees of the Control Committee and as set forth herein. Each shipper who the expenses necessarily incurred in the ships fruit, the shipment of which is be- maintenance and functioning of the ing regulated pursuant to any of the Control Committee and commodity comsections hereof designated as §§ 936.3, mittees in the performance of their 936.4, and 936.5, shall also pay to duties pursuant to the provisions the Control Committee, upon demand, | hereof.*+ § 936.8 Expenses and assessments(a) Expenses. The Control Committee is authorized to incur such expenses as the Secretary finds may be necessary to carry out the functions of the Control Committee and commodity committees pursuant to the provisions hereof. The funds to cover such expenses shall be acquired by the levying of assessments as hereinafter provided. § 936.9 Reports—(a) Information to | That, such compilation or summary Secretary. All shippers shall severally shall not reveal the identity of the infrom time to time, upon request of the dividual informants, shippers, and Secretary, furnish such information as growers. the Secretary finds to be necessary to enable him to ascertain and determine the extent to which the provisions hereof have been carried out or have tended manner.*† to effectuate the purposes of the Act, and with such other information as he finds to be necessary to determine whether or not there has been an abuse of the privilege of exemption from the anti-trust laws. Such information shall be furnished in accordance with forms of reports to be prescribed by the Sec retary. (b) Reports to Control Committee. Upon the request of the Control Committee, made with the approval of the Secretary, each shipper shall furnish to the Control Committee, in such manner and at such times as it prescribed, such information as will enable it to perform its powers and duties. (c) Reports to committees. For the purpose of enabling the Control Committee and the commodity committees to perform their respective functions hereunder, each shipper shall furnish, or authorize any or all railroad companies and transportation companies to furnish to the confidential employees of the Control Committee, complete daily information, in such form and at such times and substantiated in such manner as shall be prescribed by the commodity committee and approved by the Secretary, with regard to each shipment of fruit. Such reports may include the number of cars ordered, the time of departure of each shipment of fruit from the specified railroad points, the time of shipment of each car of fruit, the name of the shipper, the car number, the number of packages of fruit or the equivalent thereof in weight in each shipment, the kind, variety, grade, and size of fruit, the grower for whom such fruit is shipped, the point of origin, the destination and routing, and any diver Such confidential employee shall not disclose any information that may be obtained pursuant to this subparagraph except in the aforesaid § 936.10 Effective time and termination-(a) Effective time. The provisions hereof shall become effective at such time as the Secretary may declare above his signature attached hereto, and shall continue in force until terminated in one of the ways hereinafter specified: Provided, however, That, the provisions hereof may be made effective and applicable by the Secretary with regard to fresh Bartlett pears, plums, and Elberta peaches, jointly or severally, and the failure to make the provisions hereof effective and applicable to one or two of caid fruits shall not prevent the Secretary from making the provisions hereof effective and applicable with regard to the other fruit or fruits. (b) Termination. (1) The Secretary may at any time terminate the provisions hereof by giving at least 1 day's notice by means of a press release or in any other manner which the Secretary may determine. (2) The Secretary shall terminate the provisions hereof, as to a particular fruit covered hereby, whenever he finds by referendum or otherwise that such termination is favored by a majority of the growers of such fruit, who, during the current marketing season for such fruit, have been engaged in the production of such fruit, in the area covered hereby, for shipment in fresh form: Provided, That, such majority have, during such season, produced for shipment in fresh form more than 50 percent of the volume of such fruit, produced within the area for shipment in fresh form: Provided, That, such termination shall be and become effective on the first day of March subsequent to the announcement further, That, the Secretary shall hold thereof by the Secretary: Provided such a referendum within the period beginning December 1, 1940, and ending February 1, 1941, and also within the same 2-months' period of every second marketing season after the 1940 marketing season. The marketing season for all sion of the shipment of any carload of fruit made through any or all agencies. Such information shall be compiled daily by the confidential employee and promptly made available each day in summary form to all shippers and other interested persons: Provided, however, fruits shall be April 1 of one year until | hereof shall cease upon its termination March 31 of the following year. except with respect to acts done under and during the time the provisions hereof are in force and effect.*† § 936.12 Agents. The Secretary may by a designation in writing name any person, including any officer or employee of the Government or any Bureau or Division in the United States Department of Agriculture, to act as his agent or representative in connection with any of the provisions hereof.*† § 936.13 Derogation. Nothing contained herein is or shall be construed to be in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the Act or otherwise, and in accordance with such powers to act in the premises whenever such action is deemed advisable.*† § 936.14 Liability of committee members. No member of the Control Committee, or any commodity committee, or any subcommittees, or any employee of the Control Committee shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any shipper or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member or employee, except for acts of dishonesty.*+ (3) The provisions hereof shall terminate whenever the provisions of the Act authorizing it cease to be in effect. (c) Proceedings after termination. Upon the termination hereof, the members of the Control Committee then functioning shall continue as joint trustees, for the purpose of liquidating the affairs of the said committee, of all funds and property then in the possession of or under the control of the Control Committee, including but not being limited to claims for any funds unpaid or property not delivered at the time of such termination. The said trustees shall continue in such capacity until discharged by the Secretary and shall from time to time account for all receipts and disbursements and deliver all funds and property on hand, together with all books and records of the Control Committee and the joint trustees, to such person as the Secretary shall direct, and shall, upon the request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person full title to all funds and claims vested in the Control Committee or the joint trustees pursuant to the provisions hereof; and the said trustees shall refund to each contributing shipper the excess of the amount paid by such shipper above his pro rata share of expenses, or debit each shipper with the difference between his pro rata share and the amount paid by any such shipper if such amount is less than his pro rata share. Any such debit shall become due and payable upon the demand of the said trustees. Nothing stated herein shall be deemed to preclude the bringing of a suit for assessments levied by the Control Committee at any time prior to the termination hereof. Any person to whom funds, property, or claims have been delivered by the Control Committee or its members upon direction of the Sec. Secretary, as herein provided, shall be 937.0 subject to the same obligations and 937.1 duties with respect to said funds, property, or claims as are hereinabove imposed upon the members of said committee or upon said joint trustees.*+ § 936.15 Separability. If any provision hereof is declared invalid or the applicability thereof to any person, circumstance, thing, or any particular kind of fruit is held invalid, the validity of the remainder hereof or the applicability thereof to any other person, circumstance, thing, or kind of fruit shall not be affected thereby.*† PART 937-TOMATOES GROWN IN 937.2 937.3 937.4 Expenses and assessments. 937.5 Reports. 937.6 § 936.11 Duration of immunities. 937.7 The benefits, privileges, and immunities 937.8 conferred by virtue of the provisions 937.9 Liability of Administrative Committee members. For statutory and source citations, see note to § 936.0. Page 799 Sec. 937.10 Duration of immunities. 937.11 Separability. 937.12 Derogation. NOTE: For notice of hearing on this part, see 4 F.R. 1320. For proclamation of Secretary of Agriculture with respect to base period for the purpose of this part, see 4 F.R. 2248. § 937.0 Findings. (a) Whereas the Secretary finds upon the basis of the evidence introduced at the hearing and the record thereof: (1) That at the time of the hearing the prices received by the producers of such tomatoes were at a level that gave such tomatoes a purchasing power with respect to articles that the producers thereof buy appreciably below the purchasing power of such tomatoes during the base period; (2) That the regulation of shipments of such tomatoes by grades or sizes, as prescribed herein, will serve to prevent marked fluctuations in prices to the producers thereof, and will establish and maintain a more stabilized market for such tomatoes, tending to establish prices to the producers thereof at a level that will give such tomatoes a purchasing power with respect to articles that the producers thereof buy equivalent to the purchasing power of such tomatoes during the base period; (3) That this part is limited in its application to the smallest regional production area and to the smallest regional marketing area that is practicable, consistently with carrying out the declared policy of the Agricultural Adjustment Act, and that the issuance of several orders applicable to any subdivision of such regional production or marketing areas would not effectively carry out the declared policy of the Act; (4) That the pro rata contribution of handlers to the expenses of the administrative agency herein established, based upon the quantity of tomatoes shipped, as provided in this order, is fair and equitable; and (5) That this part and all the terms and conditions thereof will tend to effectuate the declared policy of the Act with respect to tomatoes grown in the State of Mississippi by establishing and maintaining such orderly marketing conditions therefor as will establish prices to the producers thereof at a level that will give such tomatoes a purchasing power with respect to articles that the producers thereof buy equivalent to the purchasing power of such tomatoes in the base period, and by protecting the interest of the consumer by (i) approaching the level of prices which it is declared in the Act to be the policy of Congress to establish by a gradual correction of the current level of prices at as rapid a rate as the Secretary deems to be in the public interest and feasible in view of the current consumptive demand in domestic and foreign markets, and by (ii) authorizing no action which has for its purpose the maintenance of prices to the producers of such tomatoes above the level which it is declared in the Act to be the policy of Congress to establish; and (b) Whereas the Secretary finds: (1) That a marketing agreement regulating the handling of tomatoes grown in the State of Mississippi, executed on the 31st day of May 1939, upon which a hearing was held on April 6, 1939, was signed by handlers (excluding cooperative associations of producers who were not engaged in processing, distributing, or shipping tomatoes covered by this part) who, during the 1938 season, handled not less than 50 percent of the volume of tomatoes covered by this part which were marketed during the same season in the current of interstate or foreign commerce, or so as directly to burden, obstruct, or affect such commerce; (2) That this part regulates the handling of such tomatoes in the same manner as the aforesaid marketing agreement, and that it is made applicable only to persons in the respective classes of industrial and commercial activity specified in the said marketing agreement; and (3) That the issuance of this part is favored by more than two-thirds of the producers who, during the 1938 season (which is hereby determined to be a representative period), produced tomatoes for market within the State of Mississippi. (c) Now, therefore, it is hereby ordered, pursuant to the provisions of the Act, that such handling of tomatoes grown in the State of Mississippi as is in the current of interstate commerce or commerce to Canada, or which directly |