72 



COMMERCIAL FISIiERIES REVIEW 



Vol. 13, No. 7 



CER 51 removes salted codfish from the pricing provisions of CHR 9, issued 

 March 7, under which ceiling prices were based on direct cost plus a dollar-and- 

 cents markup. 



The full text of CPR 51 follows (but "statement of considerations" is not in- 

 cluded) : 



Pursuant to the Defense Production 

 Act of 1950 (Pub. Law 774, 81st Con- 

 gress), Executive Order 10161 (15 F. R. 

 6105). and Economic Stabilization 

 Agency General Order No. 2 (16 F. R. 

 738), this Ceiling Price Regulation 61 is 

 hereby issued. 



REGULATORY PROVISIONS 

 ARTICLE 1 GENERAL PROVISIONS 



Sec. 



1.1 What this regulation does. 



1.2 Applicability 



1.3 Compliance required. 



1.4 Evasion. 



1.5 Posting and notification to retailers. 



1.6 Sales slips and receipts. 



1.7 Records. 



1.8 Enforcement. 



1.9 Petitions for amendment. 



1.10 More or less than unit specified. 



1.11 Definitions. 



ARTICLE 2 FISH 



2.1 Salted codfish. 



Authority : Sections 1.1 - to 2.1 issued 

 under sec. 704. Pub. Law 774, 81st Cong. 

 Interpret or apply Title IV, Pub. Law 774, 

 81st Cong., E. O. 10161. Sept. 9, 1950, 15 P. R. 

 6106; 3 C. P. R., 1950 Supp. 



ARTICLE 1 GENERAL PROVISIONS 



Section 1.1 What this regulation 

 does. This regulation establishes ceiling 

 prices for certain articles of food at 

 various levels of distribution. These 

 new ceiling prices, after the effective 

 dajte of this regulation, will supersede 

 the ceiling prices established under any 

 other price regulations or orders hereto- 

 fore issued by the Office of Price 

 Stabilization. 



Sec. 1.2 Applicability. The provi- 

 sions of this regulation shall apply only 

 to the Territory of Puerto Rico. 



Sec. 1.3 Compliance with this regula- 

 tion required — (a) Prohibition agaiiist 

 selling or delivery of commodities listed 

 at prices above the ceiling. On and aft- 

 er the effective date of this regulation, 

 regardless of any contract or other obli- 

 gation, no person shall sell or deliver and 

 no person shall buy or receive in the 

 course of trade or business any commod- 

 ity covered by this regulation at prices 

 higher than the ceiling prices fixed by 

 this regulation, and no person shall 

 agree, offer, solicit, or attempt to do any- 

 thing prohibited in this section. 



ibi Less than ceiling prices. Prices 

 lower than the ceiling prices may be 

 charged, demanded, paid or offered. 



Sec 1.4 Evasion. The ceiling prices 

 established by this regulation shall not 

 be evaded either by direct or indirect 

 methods in connection with the pur- 

 chase, sale, delivery or transfer of in- 

 cluded commodities alone or in conjunc- 

 tion with any other commodity, or by 



way of any commission, service, trans- 

 portation or any other charge, or dis- 

 count, premium or other privileges or by 

 tie-in agreement or other trade under- 

 standing, or by a change in the quality 

 of the product or otherwise, except when 

 such change in quality takes place in 

 compliance with a regulation issued by 

 an agency of the United States or the 

 .Government of Puerto Rico. 



Sec. 1.5 (a) Notification to retailers. 

 On and after the effective date of this 

 regulation every person selling the com- 

 modities listed herein, except at retail, 

 shall with each delivery supply the pur- 

 chaser with a statement of the ceiling 

 prices of the commodities at time of de- 

 livery as follows; "The Office of Price 

 Stabilization has established fixed ceil- 

 ing prices for this commodity at $ 



on sales to wholesalers: at $ on sales 



at wholesale; and at $ on sales at 



retail". 



(b) Posting. On and after the effec- 

 tive date of this regulation every per- 

 son offering to sell the listed commodities 

 at retail shall mark the ceiling prices of 

 such commodity in a manner plainly vis- 

 ible to and understandable by the pur- 

 chasing public. The ceiling price may be 

 marked on the commodity itself or may 

 be posted at the place in the establish- 

 ment where the commodity is offered for 

 sale. The ceiling price and selling price 

 shall be indicated in the form of "Ceiling 



price $ ". or "Our ceiling $ ", and 



"Our selling price $ ". 



Sec. 1.6 Sales slips and receipts. 

 Every seller at retail of the commodities 

 listed herein, who has customarily given 

 purchasers sales sUps or receipts, shall 

 continue to do so. Uix)n request from 

 a purchaser, every seller of such com- 

 modity, regardless of previous custom, 

 shall give the purchaser a receipt show- 

 ing the date, the name and ~ddress of 

 the seller, the quantity and description 

 of the commodity, and the price received 

 for it. 



Sec. 1.7 Records. If you purchase or 

 sell listed commodities at the wholesale 

 level, in the course of trade or business, 

 you must preserve and keep available for 

 inspection by the Director Of Price Sta- 

 bilization for a period of two years, com- 

 plete and accurate records for each pur- 

 chase and sale. These records must in-, 

 elude; (li The date of the sale or pur- 

 chase; (2) the name and address of the 

 seller or purchaser; (3) the price paid or 

 received; (4) a description of the com- 

 modities sold or purchased; (5) the 

 quantity sold or purchased. 



Sec. 1.8 Enforcement. Any person 



who violates any provision of this regu- 

 lation is subject to the criminal pen- 

 alties, civil enforcement actions, and 

 suits for damage provided by the De- 

 fense Production Act of 1950. 



Sec. 1.9 Petitions for amendment. If 

 you wish to have this regulation 

 amended you may file a petition for 

 amendment in accordance with the pro- 

 visions of Price Procedural Regulation 1. 



Sec 1.10 Price for more or less than 

 unit specified. The ceiling price for a 

 quantity of a commodity which consti- 

 tutes a fraction or multiple of the unit 

 in terms of which a commodity is priced 

 in this regulation, shall be proportion- 

 ately computed unless otherwise pro- 

 vided hereafter. 



Sec. 1.11 Definitions and explana- 

 tions, (a) "Person". This term includes 

 any individual, corporation, partnership, 

 association or any other organized group 

 of persons, or legal successors or repre- 

 sentatives of the foregoing, and the 

 United States or any other government 

 or its political subdivisions or agencies. 



(b) "Records". This term means 

 books of account. sal6s lists, sales slips, 

 orders, vouchers, contracts, receipts, in- 

 voices, bills of lading, and other papers 

 and documents. 



(c) "Sales at retail", and "Retailer". 

 Sale at retail means a sale to an ulti- 

 mate consumer. A seller who in the 

 regular course of trade or business makes 

 sales at retail is a retailer. 



(d) "Sale at wholesale", and "whole- 

 saler". Sale at wholesale means a sale 

 by a person who buys a commodity and 

 resells it to any person other than an 

 ultimate consumer and includes any sale 

 to the United States, or any government, 

 or any of its political subdivisions, any 

 religious, educational or charitable insti- 

 tution for the sick, deaf, blind, disabled, 

 aged, or insane, or any school, hospital, 

 library, commercial or industrial user, or 

 any agent of the foregoing. A seller who 

 in the regular course of trade or business 

 makes sales at wholesale is a wholesaler. 



(e) "Sales to wholesalers". This term 

 means a sale by the first distributor or 

 importer of a commodity to a whole- 

 saler. 



(f) "You". The program "you", as 

 used in this regulation, indicates the per- 

 son subject to the regulation. 



(g) "Listed commodity". This term 

 means any commodity the ceiling price 

 of which is fixed by this regulation. 



ARTICLE 2 FISH 



Sec. 2.1 Salted codfish— (a.) Defi- 

 nition. "Salted codfish". This term re- 

 fers to the varieties of codfish, whether 

 dried or semi-dried, known as; "Shore", 



