Control Committee shall be delivered to | of its employees, if any, and pay the exhis successor in office or to the Control penses necessarily incurred in the perCommittee, and such assignments and formance of the duties of the Control other instruments shall be executed as Committee. may be necessary to vest in such successor or in the Control Committee full title to all the books, records, funds, and other property in the possession or under the control of such member or employee pursuant hereto.**

§ 939.3. Expenses and assessments(a) Expenses. The Control Committee is authorized to incur such expenses as the Secretary finds may be necessary to carry out its functions hereunder. The

funds to cover such expenses shall be acquired by the levying of assessments as provided in this section.

(b) Assessments. Assessments will be levied only upon the handler who first handles pears which subsequently are shipped from the State of Oregon, the State of Washington, or the State of California. Such handler shall pay to the Control Committee, upon demand, such handler's pro rata share of the expenses which the Secretary finds necessarily will be incurred by the Control Committee for the maintenance and functioning of the Control Committee during each fiscal period. Such handler's pro rata share of such expenses shall be that proportion thereof which the total quantity of pears first handled by that handler during such fiscal period is of the total quantity of pears first handled by all handlers during that fiscal period. The Secretary shall fix the rate of assessment to be paid by such handler, which rate may be adjusted from time to time by the Control Committee, with the approval of the Secretary, in order to cover any later findings by the Secretary of estimated expenses or the actual expenses of the Control Committee during said fiscal period.

(c) Handler accounts. At the end of each fiscal period the Control Committee shall credit each handler assessed with any amount paid by such handler in excess of his pro rata share of the expenses, or shall debit such handler with the deficiency between his pro rata share and the amount paid by him. Any such debits shall become due and payable upon demand by the Control Committee.

(d) Use of funds. From the funds acquired pursuant to this section the Control Committee shall pay the salaries

The Control Committee, with the ap(e) Collection of unpaid assessments. proval of the Secretary, may institute and maintain, in its own name or in the names of its members, legal proceedings against any handler assessed for the collection of such handler's pro rata share of the aforesaid expenses.*+

a

No

§ 939.4 Limitation of shipments— (a) Minimum grade. The minimum grade of pears which may be shipped by any handler shall be U. S. Combination Grade, as such grade is specified in the U. S. Standards for Pears, effective July 1, 1939, or as such standards may hereafter be modified, or as such grade may be lowered, raised, or modified by handler shall ship pears which do not regulation issued hereunder. meet the requirements of said grade or of such other minimum grade as may Beurre D'Anjou and Doyenne du Comice be established pursuant to this section. pears, however, may be shipped in interstate commerce only, and not in foreign commerce, when bearing unhealed broken skins or skin punctures measuring not to exceed three-sixteenths of 1 inch in diameter, provided such pears otherwise meet the requirements of the minimum grade then in effect. However, broken skins or skin punctures to be met the requirements governing unhealed by either Beurre D'Anjou pears or Doyenne du Comice pears, or both, may be lowered, raised, or modified by a regulation issued hereunder.

(b) Minimum sizes. No handler shall ship pears (1) of the Beurre Bosc variety of a size smaller than the 195 size; (2) of the Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties, respectively, of a size smaller than the 180 size; (3) of the Beurre D'Anjou variety of a size smaller than the 225 size; (4) of the Winter Nelis variety of a size smaller than the 210 size if exported off the continent of North America and the 195 size if shipped to destinations on the continent of North America.

(c) Recommendation for modification of minimum grade or size. The Control Committee, at any time, by affirmative vote of not fewer than 10 of its mem

bers, may recommend to the Secre- | minimum grade or size under this sectary that the aforesaid minimum grade tion, and the Control Committee or the aforesaid minimum sizes, or both, be lowered, raised, or modified as to any one or more of the varieties of pears covered hereby, or may recommend that the requirements relative to unhealed broken skins or skin punctures to be met by either Beurre D'Anjou pears or Doyenne du Comice pears, or

both, be lowered, raised, or modified: procedural rules by which exemption cerProvided, however, That no such recom-tificates may be issued to growers. The mendation applicable to pears produced Control Committee shall determine the in any one year shall be made by the percentage which the grades and sizes Control Committee subsequent to July of each variety of pears permitted to be 15 of that year. At the time of subshipped from each district under the regmitting such recommendation the Con-ulation bears to the total quantity of trol Committee shall furnish to the Sec- each variety of pears which could be retary all information and data upon shipped from that district in the absence of regulation. An exemption certificate may thereafter be granted to any grower who furnishes proof that he will be prevented, because of the regulation in ef

(f) Inspection and certification. No handler shall ship any pears not theretofore inspected and the grade and size thereof certified by a duly authorized representative of the Federal-State Inspection Service on the basis of grades as promulgated by the United States Department of Agriculture or as hereafter duly modified, or as such grades may be lowered, raised, or modified by a regulation issued pursuant hereto. Promptly after shipment of any pears, the handler shall submit or cause to be submitted to the Control Committee a copy of the Federal-State Inspection certificate issued on that shipment.*+

CROSS REFERENCE: For regulations governing the inspection and certification of fruits, vegetables, and other products, see 7 CFR

Part 51.

ture to act as his agent or representative in connection with any of the provisions hereof.*+

§ 939.9 Effective time and termination-(a) Effective time. The provisions hereof shall become effective at such time as the Secretary may declare above his signature affixed hereto, and shall continue in force until terminated in one of the ways hereinafter specified.

(b) Termination. (1) The Secretary may at any time terminate this part.

(2) The Secretary shall terminate or suspend the operation of any or all of the provisions hereof whenever he finds that such operation obstructs or does not tend to effectuate the declared policy of the Act.

(3) The Secretary shall terminate the provisions hereof at the end of any fiscal period whenever he finds that such ter

§ 939.5 Compliance. Except as provided in § 939.6, no handler shall ship any pears contrary to the applicable re-mination is favored by a majority of the strictions and limitations specified in, or effective pursuant to, the provisions hereof.*†

growers of pears who, during such fiscal period, have been engaged in the area covered hereby in the production of § 939.6. Pears for byproduct and chari- pears for market: Provided, That such table purposes. (a) Nothing contained majority have produced for market durherein shall limit or authorize the limi- ing such period more than 50 percent of tation of shipment of pears for consump- the volume of pears produced for market tion by charitable institutions or distri- in the area covered hereby; but such bution by relief agencies or conversion termination shall be effective only if aninto byproducts, nor shall any assess-nounced on or before June 30 of that ment be computed on pears so shipped. fiscal period. The Control Committee may prescribe regulations to prevent pears shipped for either of such purposes from entering commercial fresh-fruit channels of trade contrary to the provisions hereof.

(4) The provisions hereof shall terminate, in any event, whenever the provisions of the Act authorizing the same cease to be in effect.

(c) Proceedings after termination. (b) The Control Committee shall pre- (1) Upon the termination hereof, the scribe rules and regulations, to become members of the Control Committee then effective upon the approval of the Secre-functioning shall continue as joint trustary, whereby shipments of pears in individual gift packages may be exempted from the provisions hereof.*†

§ 939.7 Reports. Upon the request of the Control Committee, subject to the disapproval of the Secretary, each handler shall furnish to the Control Committee, in such manner and at such times as it prescribes, such information as will enable it to perform its duties hereunder.**

§ 939.8 Agents. The Secretary may name, by a designation in writing, any person, including any officer or employee of the Government, or any bureau or division in the Department of Agricul

tees for the purpose of liquidating all funds and property then in the posses

sion or under the control of the Control Committee, including claims for any funds unpaid or property not delivered at the time of such termination.

(2) The joint trustees shall continue in such capacity until discharged by the Secretary; from time to time account for all receipts and disbursements; deliver all funds and property on hand, together with all books and records of the Control Committee and of the joint trustees, to such person as the Secretary shall direct; and, upon the request of Page 823

**For statutory and source citations, see note to § 939.0.

the Secretary, execute such assignments | way whatsoever, to any party hereunder or other instruments necessary and appropriate to vest in such person full title to all of the funds or claims vested in the Control Committee or in the joint | member, alternate for a member, or emtrustees.

or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as such ployee, except for acts of dishonesty.**

§ 939.14 Amendments. Amendments hereto may be proposed from time to time by the Control Committee or by the Secretary.**

от

(3) Any funds collected pursuant to § 939.3 and held by such joint trustees or such person over and above the amounts necessary to meet outstanding obligations and the expenses necessarily incurred by the joint trustees or such other person in the performance of their duties hereunder, as soon as practicable after the termination hereof, shall be returned to the handlers pro rata in pro-issued pursuant to this part, or the isportion to their contributions thereto.

(4) Any person to whom funds, property, or claims have been delivered by the Control Committee or its members, upon direction of the Secretary, as provided in this section, shall be subject to the same obligations and duties with respect to said funds, property, or claims as are imposed upon the members of said Committee or upon said joint trustees.*+

§ 939.10 Duration of immunities. The benefits, privileges, and immunities conferred by virtue hereof shall cease upon termination hereof, except with respect to acts done under and during the existence hereof.**

§ 939.15 Effect of termination amendment. Unless otherwise expressly provided by the Secretary, the termination of this part or of any regulation

suance of any amendment to either, shall not (a) affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in connection with any provision hereof or any regulation issued hereunder, or (b) release or extinguish any violation hereof or of any regulation issued hereunder, or (c) affect or impair any rights or remedies of the Secretary or of any other person with respect to any such violation.*+

PART 940-PEACHES GROWN IN
COUNTY OF MESA IN STATE OF
COLORADO

Sec.

§ 939.11 Separability. If any provi- 940.0 sion hereof is declared invalid, or the 940.1 applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remaining provisions and the applicability thereof to any other person, circumstance, or thing shall not be affected thereby.*+

§ 939.12 Derogation. Nothing contained herein is or shall be construed to be in derogation of, or in modification of, the rights of the Secretary or of the United States to exercise any powers granted by the Act or otherwise, or, in accordance with such powers, to act in the premises whenever such action is deemed advisable.*+

§ 939.13 Liability of Control Committee members. No member or alternate for a member of the Control Committee, nor any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in any

Findings.
Definitions.

940.2

940.3
940.4

Administrative Committee.
Expenses and assessments.

Regulation of shipments by grades and

sizes.

940.5

Reports.

940.6

Liability of Administrative Committee members.

940.7
940.8
940.9 Effective time and termination.
940.10 Duration of immunities.
940.11 Separability.
940.12 Derogation.
940.13 Amendments.
940.14 Effect of termination or amendment.

Compliance and exceptions.
Agents.

NOTE: For notice of hearing on this part, see 4 F.R. 2306. For proclamation of Secretary of Agriculture with respect to base period for the purpose of this part, see 4 F.R. 3609.

§ 940.0 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 producers of

peaches grown in the county of Mesa in | tary deems to be in the public interest the State of Colorado were at a level that and feasible in view of the current congave such peaches a purchasing power sumptive demand in domestic and forwith respect to articles that the pro-eign markets, and by (ii) authorizing no ducers thereof buy appreciably below the action which has for its purpose the purchasing power of such peaches during maintenance of prices to the producers the base period; of such peaches above the level which it is declared in the Act to be the policy of Congress to establish; and

(2) That the regulation of shipments of such peaches by grades or sizes or combinations thereof, 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 peaches, tending to establish prices to the producers thereof at a level that will give such peaches a purchasing power with respect to articles that the producers thereof buy equivalent to the purchasing power of such peaches 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;

(b) Whereas, the Secretary finds: (1) That a marketing agreement regulating the handling of peaches grown in the county of Mesa in the State of Colorado, executed on the 11th day of August 1939, upon which a hearing was held on June 23 and 24, 1939, was signed by handlers (excluding cooperative associations of producers who were not engaged in processing, distributing, or shipping peaches covered by this part) who, during the period January 1, 1938, to December 31, 1938, both dates inclusive, handled not less than 50 percent of the volume of peaches covered by this order which was marketed during such period in the current of interstate commerce or commerce with Canada, or so as directly to burden, obstruct, or affect such commerce;

(2) That this part regulates the handling of such peaches in the same man(4) That the pro rata contribution of ner as the aforesaid marketing agreehandlers to the expenses of the adminis-ment, and that it is applicable only to trative agency herein established, based upon the quantity of peaches shipped, as provided in this part, is fair and equitable; and

persons in the respective classes of industrial and commercial activities specified in the said marketing agreement; and

(3) That the issuance of this part is favored by producers who, during the period January 1, 1938, to December 31, 1938, both dates inclusive (which is hereby determined to be a representative period), produced for market within the county of Mesa in the State of Colorado more than two-thirds of the volume of peaches produced for market within such production area during the said period:

(5) That this part and all the terms and conditions thereof will tend to effectuate the declared policy of the Act with respect to peaches grown in the county of Mesa in the State of Colorado by establishing and maintaining such orderly marketing conditions therefor as will establish prices to the producers thereof at a level that will give such peaches a purchasing power with respect to articles that the producers thereof buy (c) Now, therefore, it is ordered by the equivalent to the purchasing power of Secretary, acting under the authority such peaches during the base period, and vested in him by the Act, that such hanby protecting the interest of the con- dling of peaches grown in the county of sumer by (i) approaching the level of Mesa in the State of Colorado as is in the prices which it is declared in the Act to current of interstate commerce or combe the policy of Congress to establish by merce with Canada, or which directly a gradual correction of the current level burdens, obstructs, or affects such comof prices at as rapid a rate as the Secre-merce, in such peaches, from and after