60 



COMMERCIAL FISHERIES REVIEW 



Vol, 13, No. 7 



ture on January 27, 1951, or to tin plate 

 or terneplate which was either to proc- 

 ess at a tin mill, or in the inventory of 

 a tin mill for the account of a can 

 manufacturer, or In the inventory of a 

 can manufacturer on January 27, 1951. 

 It is the intent of this section that any 

 tin plate or terneplate intended for use 

 in the manufacture of cans in Inventory 

 or in process on January 27, 1951, as 

 aforesaid, shall be used notwithstanding 

 the can material specifications of this 

 order. However, the restrictions of sec- 

 tion 6 of this order are not excepted by 

 this paragraph. 



(b) Any person who purchases cans 

 for packing and not for resale and whose 

 total use of cans for packing all products 

 In any calendar year requires less than 

 250 base boxes of tin plate, terneplate, 

 and black plate shall be exempt from 

 the use limitations of section 6 of this 

 order but not from the can material 

 specifications of Schedule L This ex 

 emption does not apply to any person 

 who buys empty cans or parts thereof 

 and sells such cans or parts thereof to 

 a packer. 



(c) The use limitations of section 6 

 of this order and the can material spec- 

 ifications in Schedule I do not apply to 

 cans used to pack any product in home 

 caimlng, community canning, or Insti- 

 tutional (meaning such Institutions as 

 prisons, reform schools, and Insane asy- 

 lums) canning where the product is not 

 to be sold. This exemption also applies 

 to cans for packing laboratory samples 

 and control samples, but not to cans for 

 packing samples distributed for the pur- 

 pose of advertising or for promoting the 

 sale of a product, nor to any cans used 

 for packing products which are later re- 

 packed and sold. 



(d) Orders having a DO rating are 

 exempt from the restrictions in sections 

 5 and 6 of this order on the amount of 

 cans that may be accepted and used. 



(e) The use of cans for packing any 

 product which is required to be packed 

 in cans, set aside and reserved for pur- 

 chase by any authorized Government 

 agency is exempt from the use limita- 

 tions of this order, but not from the can 

 material specifications in Schedule I: 

 Provided, however. That it the can mate- 

 rial specifications of Schedule I require 

 that any product be packed in cans made 

 in whole or in part of 0.25 tin plate, any 

 No. 10 cans and any part or parts thereof, 

 used for packing any such product or 

 products which are so reserved and set 

 aside, may be made of 0.50 tin plate. 



<f ) The can material specifications set 

 out in Schedule I of this order shall not 

 apply to orders having a DO rating re- 

 quiring the packing of products in ac- 

 cordance with Military Specifications of 

 the Department of Defense for use out- 

 side the 48 States of the United States 

 and the District of Columbia by the 

 Armed Forces of the United States, in- 

 cluding the United States Coast Guard. 

 The can material specifications set out 

 in Schedule I shall apply, however, to aU 

 other orders having a DO rating. 



ig> The restrictions of this order shall 



not apply to military requirements for 

 cans of a special design or style not nor- 

 mally produced or used commercially, 

 nor to cans for emergency rations and 

 supplies for lifeboats. 



(h) The provisions of this order shall 

 not apply to the sale or delivery of cans 

 where the person selling or delivering 

 the same has received a validated export 

 license therefor from the OfiBce of Inter- 

 national Trade, or has received from 

 another person a certificate signed man- 

 ually. This certificate shall be by letter 

 In substantially the following form, the 

 Inapplicable words stricken therefrom, 

 and shall be filed with each purchase 

 order with the person selling or deliver- 

 ing to such other person cans for export! 



To , Seller: 



The undersigned purchaser certifies, sub- 

 ject to criminal penalties for misrepresenta- 

 tion, that (he has received a eertlfloatlou 

 from another person that) the Office of In- 

 ternational Trade has Issued to (him) (such 

 other person) validated export license No, 



for export shipment of all of the 



Items Included In the attached purchase 

 order, and that all purchases from you of 

 Items Included In the said purchase order 

 and the acceptance of the same will be in 

 compliance with the said validated export 

 UcenBe. 



In cases of export to those countries 

 where the Oface of International Trade 

 does not require an export license, no 

 certificate shall be required until such 

 time as an export license Is required by 

 the Office of International Trade. 



Sec. 10. Certification o1 delivery of 

 cans. No manufacturer. Jobber, or dis- 

 tributor shall sell or deliver cans unless 

 he has received from the iJurchaser a 

 certificate signed manually. This certifi- 

 cate shall be by letter in substantially 

 the following form and, once filed by a 

 purchaser with a manufacturer, jobber, 

 or distributor, covers all future deliveries 

 of cans from the manufacturer, jobber, 

 or distributor to that purchaser: 



To , mantifacturer, 



jobber, or distributor; 



The undersigned purchaser certifies, sub- 

 ject to criminal penalties for misrepresenta- 

 tion, that he is familiar with Order ,M-25 of 

 the National Production Authority, and that 

 all purchases from you of Items regulated by 

 that order, and the acceptance and use of- 

 the same by the undersigned, will be in 

 compliance with said order, and any amend- 

 ments thereto. 



Sec. 11. Applications jur adjustment or 

 exception. Any person affected by any 

 provision of this order may file a request 

 for adjustment or exception upon the 

 ground that his business operation was 

 commenced during or after the base pe- 

 riod, that any provision otherwise works 

 an undue or exceptional hardship upon 

 him not suffered generally by others in 

 the same trade or industry, or that its 

 enforcement against him would not be in 

 the interest of the national defense or 

 In the public Interest: In examining re- 

 quests for adjustment claiming that the 

 public interest is prejudiced by the ap- 

 plication of any provision of this order, 

 consideration will be given to the re- 

 quirements of the public health and 



^safety, civUian defense, and dislocation 

 'of labor and resulting imemployment 

 that would impair the defense program. 

 Each request shall be in writing, sub- 

 mitted on Form NPAP-38 in triplicate, 

 and shall set forth all pertinent facts and- 

 the nature of the relief sought, and «haU 

 state the justification therefor. ■ Form 

 NPAF-38 must be executed as therein 

 required. 



Sec. 12. Records and reports, (a) 

 Each person participating In any trans- 

 action covered by this order shall retain 

 in his possession for at least 2 years rec- 

 ords of receipts, deliveries, inventories, 

 and use, in sufficient detail to permit an 

 audit that determines for each transac- 

 tion that the provisions of this order 

 have been met. This does not specify 

 any particular accounting method and 

 does not require ' alteration of the sys- 

 tem of records customarily maintained, 

 provided such records : supply an ade- 

 quate basis for audit. Records may be 

 retained in the form of microfilm or 

 other photographic copies instead of the 

 originals. 



(b) All records required by this order 

 shall be made available at the usual place 

 of business where maintained for Inspec- 

 tion and audit by duly authorized repre- 

 sentatives of NPA. 



(c) Persons subject to this order shall 

 make such records and submit such re- 

 ports to NPA as it shall require, subject 

 to the terms of the Federal Reports Act 

 of 1942 (5 U.-S. C. 139-139F). 



Sec 13. Communications. AU commur 

 nicatlons concerning this order shall be 

 addressed to the National Production 

 Authority, Containers and Packaging Di- 

 vision, Washington 25, D. C„ Ref : M-25. 



Sec. ^14. Violations. Any person who 

 willfully violates any provision of this or- 

 der or any 6ther order or regulation of 

 NPA or who wilfully conceals a material 

 fact or furnishes false information in the 

 course of operation under this order is 

 guilty of a crime and, upon conviction, 

 may be punished by fine or imprisonment 

 or bottu In addition, administrative ac- 

 tion may be taken against any such per- 

 son to suspend his privilege of making or 

 receiving further deliveries of materials 

 or using facilities under priority or allo- 

 cation control and to deprive him of fur- 

 ther priorities assistance. 

 I Note : All reporting and record-keeping re- 

 quirements of this order have been approved 

 by the Bureau of the Budget in accordance 

 with the Federal Reports Act of 1942. 



Schedule I Is hereto attached and 

 made a part of this order. 



This order as amended shall take effect 

 on July 1, 1951. 



National PRODUcnoN 

 Authority, 



Manly Pleischmann, 

 Administrator. 



