-10- 



34, Q,. \Then the terminal narket price is greater than the f.o.b. shipping 



point price"'pTus' fre'it^ht, 'protective services and other charges from 

 the states having f.o.b. ceilings, does the higher terminal market 

 price become the maximiun price? 

 II. The delivered price in carlots or trucklots for any interstate ship- 

 ments of apples from any one of the states having f.o.b. ceilings, is 

 the fjo.b. ceiling price plus freight to tlie market or other whole- 

 sale receiving point. The carlot delivered price computed by sub- 

 tracting 1 cent per pound from the less-than-carlot or less-thai:i- 

 trucklot price to retailers applies only to intra-state shipments 

 in sta tes having f.o.b. ceilings and to both inter-state and intra- 

 state shipments of apples from states having no f.Ocb. ceilings. 



55, Q,. A carlot or trucklot of apples is placed in te rminal cold storage by 

 a grower under an arrangement that delivery to a retailer is to be 

 made from time to time in less-than-carlot quantities, with the grower 

 paying .cartage to the retail store, Would the maxii-ium price to re- 

 tailers for the appropriate month and zone be the ceiling price for 

 such transactions? 

 A. Yes, provided that sales of this type are made to retailers in less- 

 than-carlot quantities. 



36. Q. IVhat constitutes "delivery" for the purposes of establishing a maximum 



price? 

 A. There are four tests to be applied for the purposes of determining 

 wlien title passes to the buyer and delivery has taken place. 

 (l) If at any time delivery has been made to a carrier not owned or 

 controlled by the seller, "delivery" has taken place^ (2) If at any 

 time actual physical delivery has been made to the buyer, "delivery" 

 has taken placer (3) If at any time the particular lot being sold 

 has been car marked or citBnpletely segregated for the account of the 

 buyer, "delivery" has taken place.' (4) If at any time there has been 

 legal agreement between the buyer and the seller to the effect tliat 

 title shall pass to the buyer upon actual physical receipt of the 

 goods, then delivery takes place v:hen the buyer physically receives 

 the goods. In other v/ords on a "delivered sale" if the buj-'er and the 

 seller agree that title shall remain in the seller until such buyer 

 physically receives the goods, "delivery" has not taken place until 

 the buyer actually receives the goods. 



37. Q,. Can a shipper, cooperative or grovrer's sales agent offer less-than- 



carlot q uantities of apples through brokers at auction? 

 A. Such' sellers may legally sell" at auction. 'The ceiling price is the 

 same as the ceiling price for sales to intermediate sellers. Auction 

 fees and brokerage must come out of (not be added to) the ceiling 

 price for less-than-carlot sales to intermediate sellers, 



38. Q. If decay exists in a package of apples, may the fruit be invoiced at 



the v.'eight markeH~on tlie package, or must an allowance be made on the 

 invoice covering the amount of decay? 

 A. The apples in this package must be sold on the basis of their pf^r 



pound ceiling price, derived from the net iveight marked on the pack- 

 age, without regard to the condition or quality of the fruit, 



GFG 11/23/43 



