[Ration Order. No. 3, Sugar Rationing Regulations] [From the U.S. Government Publishing Office, www.gpo.gov] SUGAR RATIONING REGULATIONS Rationing Order No. 3 Title 32—NATIONAL DEFENSE Chapter XI—OFFICE OF PRICE ADMINISTRATION O. P. A. Form R-313 OFFICE OF PRICE ADMINISTRATION WASHINGTON, D. C. TABLE OF CONTENTS Scope of Rationing Order No. 8: 1407.1 Territorial limitation___________________________________ 1 Definitions: 1407.21 Meaning of terms used in Rationing Order No. 8_______i____ 1 Administration and Personnel: 1407.41 Personnel____________________________________________.____ 8 1407.42 Powers and duties._________________________________________ 8 1407.43 Jurisdiction of Board; transfers_____________________________ 3 1407.44 Records confidential_________________________________________ 4 Consumers: 1407.61 Prohibited deliveries________________________________________ 5 1407.62 War Ration Book____________________________________________ 5 1407.68 Eligibility for making application for War Ration Book One. 5 1407.64 Registration_________________________________________________ 5 1407.65 Sugar supply of consumers____________________________________ 6 1407.66 Allowable sugar supply_______________________________________ 6 1407.67 Issuance of War Ration Books_________________________________ 6 1407.68 Late registration of consumers_______________________________ 6 1407.69 Subsequent issuance of War Ration Books to consumers having an excess supply of sugar at the time of the registration period_________________________________________________________ 7 1407.70 Surrender and retention of War Ration Books__________________ 7 1407.71 Home canning_________________________________________________ 7 1407.72 Consumer born after registration____________________________ 7 1407.78 Consumer handicapped by transportation_______________________ 8 1407.74 Growers of sugarcane and sugar beets_________________________ 8 1407.75 Illness of consumer________________________________________ 8 1407.76 Consumers eating regularly at same establishment_____________ 8 Institutional and Industrial Users: 1407.81 Registering unit_____________________________________________ 9 1407.82 Prohibited deliveries________________________________________ 9 1407.83 Registration_________________________________________________ 9 1407.84 Present inventory____________________________________________ 9 1407.85 Sugar base__________________________________________________ 10 1407.86 Allotment___________________________________________________ 10 1407.87 Provisional Allowance_______________________________________ 10 1407.88 Application for Certificate_________________________________ 11 1407.89 Use of provisional allowance________________________________ 11 1407.90 Amount for which Certificate is to be issued________________ 11 1407.91 Adjustments_________________________________________________ 11 1407.92 Sugar to be used for purposes designated____________________ 12 1407.93 Late registrations________________________________________ 12 1407.94 Reports and records_________________________________________ 12 Retailers and Wholesalers: 1407.101 Registering unit_______________________________________________ 13 1407.102 Prohibited deliveries__________________________________________ 18 1407.103 Registration and application; Eligibility_________________________ 13 1407.104 Present inventory_________________________________________________ 14 1407.105 Allowable Inventory________________:___________________________ 14 1407.106 Issuance of Certificates at registration__________________________ 14 1407.107 Excess inventory__________________________________________________ 15 1407.108 Deliveries to registering units after registrations. _____________ 15 1407.109 Late registrations_______________________________________________ 15 1407.110 Records___________________________________________________________ 15 I Primary Distributors: Page 1407.121 Deliveries by primary distributors----------------------------------- 15 1407.122 Records of primary distributors------------------------------------- 16 Sugar Purchase Certificates, War Ration Books and War Ration Stamps: 1407.141 Nature and validity of Certificates and Stamps------------- 16 1407.142 Surrender of Certificates and Stamps---------------------- 17 1407.143 Type of sugar authorized---------------------------------- 17 1407.144 Transfer of establishments-------------------------------- 17 1407.145 Judicial seizure of Certificates, Stamps, and sugar. -----__ 18 1407.146 Acquisition of sugar for carriage, storage, or security; dis-' posal. _____ _____---------------__L--------------------------------- 18 1407.147 Destroyed, stolen, or spoiled sugar-------------------— 19 1407.148 Destroyed, mutilated, or stolen Certificates, Stamps, and War Ration Books_______________________________________________________ 19 1407.149 Drop shipments________________________________________________ 20 1407.150 Subdividing Certificates-------------------------------------- 20 1407.151 Duty to ascertain validity of Certificates and Stamps------ 20 1407.152 Notification to Office of Price Administration of legal proceedings _____________________________________________________________ 20 1407.153 Issuance of Certificates-------------------------------------- 20 Petitions for adjustment; appeals; new business; miscellaneous: 1407.161 Petitions for adjustment of base, allotment, or allowable inventory_________________________________________-_______■ -________ 20 1407.162 Appeals by registering units to State Directors----------- 20 1407.163 New establishments and ineligible establishments desiring sugar------------------------ —---------------------------21 1407.164 Correction of registration: Composition of registering unit- 21 1407.165 Finality of findings_________________________________________ 21 1407.166 Exchange of sugar-------------------------------------------- 21 1407.167 Investigatory agencies--------------------------------------- 21 Armed forces of the United States: certain other persons and agencies: 1407.181 Army and Navy personnel--------------------------------------- 22 1407.182 Issuance of Certificates by Army or Navy--------- 22 1407.183 Deliveries of sugar to certain persons and agencies---------- 22 1407.184 Products containing sugar delivered to Army or Navy or certain other persons or agencies ----------------------------------- 22 Enforcement: 1407.201 Prohibited sale___.__________------------------------------ 23 1407.202 Unlawful use or possession-------------------------------- 23 1407.203 Criminal penalties---------------------------------------- 23 1407.204 Cancellation of privileges and reallocation of sugar------ 23 Effective date: 1407.221 Effective date of Rationing Order No. 3-------------------- 24 Schedules: 1407.241 Schedule A: Tables of sugar allowance per unit of product for determination of provisional allowance: Table I Canned vegetables. _------------------------- 25 Table II Canned fruits and fruit juices---------------- 25 Table III Conversion factors for case equivalents for use in Tables I and II of this schedule— 25 Table IV Frozen fruit.------------------------------ 26 Table V Canned or cured meats, fish, and poultry regardless of how packaged_______________________,------ 26 Table VI Bee feeding--------------------------------- 27 1407.242 Schedule B: Monthly allotment percentage for institutional and industrial users------------------------------------------------- 27 1407.243 Schedule C: Designation of ration periods and weight value of Stamps valid therein._____________________________________________ 27 n TITLE 32—NATIONAL DEFENSE CHAPTER XI—OFFICE OF PRICE ADMINISTRATION Part 1407—Rationing of Food and Food Products RATIONING ORDER NO. 8—SUGAR-RATIONING REGULATIONS Pursuant to the authority vested in me by Directive No. 1 of the War Production Board issued January 24, 1942, and by Supplementary Directive No. IE of the War Production Board issued April 21,1942. It is hereby ordered that: AUTHORITY: Sections 1407.1 to Section 1407.248 inclusive, issued pursuant to the authority contained in Pub. Law 421, 77th Cong., W. P. B. Directive No. 1, Supp. Directive No. IE, 7 F. R. 662. SCOPE OF RATIONING ORDER NO. 8 1407.1 Territorial Limitation.—Rationing Order No. 8 shall apply within the forty-eight states of the United States and within the District of Columbia. DEFINITIONS 1407.21 Meaning of terms used in Rationing Order No. 3.— (a) Whenever reference is made to an act done or to be done, or to property owned, by a registering unit, it shall be construed to refer to an act done or to be done? or to property owned, by the person owning such registering unit in its behalf. (6) Words importing the masculine gender include the feminine ana neuter genders; and words importing the singular include the plural, and vice versa. (o} Definitions: (1) “Adult” means any married person, or any person who is at least eighteen (18) years of age. (2) “The Board” means a Local Rationing Board, or the Local Rationing Board with which the consumer or registering unit is registered, as the context indicates. (8) “Book” means War Ration Book One. (4) “Certificate” means Sugar Purchase Certificate. (5) “Consumer” means any individual who receives sugar for personal use. 1 (6) “Delivery” means the transfer of physical possession or the transfer of a document of title. (7) “Establishment” means the business or operation subject to Rationing Order No. 3, conducted at or from a particular location. (8) “Family unit” means a group of two or more individuals, consisting of all persons customarily living together in the same household (including persons temporarily absent therefrom) who are related by blood, marriage, or adoption. (9) “Industrial user” means an establishment which receives sugar for use in the production, manufacture^ or processing of any product other than sugar, except as an institutional user. (10) “Institutional user” means an establishment which receives sugar for use In connection with the preparation for service and the service of food or beverages or any combination thereof, regardless of whether or not such establishment receives any consideration therefor. “Institutional user” includes restaurants, hotels, caterers, drug stores, school lunchrooms, soda fountains, hospitals, prisons, samtoria, asylums, etc. (11) ‘Terson” means any individual, partnership, corporation, association, or other organized group of persons, and includes the United States, or any agency thereof, and the States or any political subdivisions or agencies thereof. (12) “Primary distributor” means any person who manufactures sugar or the agent of any such person, or any person who delivers sugar to the continental United States from offshore areas or any person who takes such delivery or the agent of any such person who makes or takes such delivery. The term “agent” shall oe deemed to include a broker, factor, commission merchant, or a person who takes title but actually performs functions commonly performed by agents, brokers, factors, or commission merchants. (13) “Ration period” means the space of time designated by the Office of Price Administration for which a Stamp shall be valid. (14) “Registering unit” means the establishment or group of establishments selected by the owner thereof to be treated as a single unit for the purposes of Rationing Order No. 8 and which is so registered by him. (15) “Retailer” means an establishment which makes over 50 percent of its sales of all merchandise to consumers. (16) “Shipping unit” means the quantity of sugar customarily contained in the carload or truckload oy which a registering unit takes delivery of sugar from a primary distributor. (17) “Stamp” means a War Ration Stamp originally contained in a War Ration Book and designated by the Office of Price Administration as an authorization to take delivery of sugar. (18) “Sale at retail” means a sale to a consumer. (19) “Sale at wholesale” means a sale to a person other than a consumer. (20) “Sugar” mean any saccharine product derived from sugar beets or sugarcane, which is not to be further refined or otherwise improved in quality; except sugar in liquid form which contains non-sugar solids (excluding any foreign substance that may have been added) equal to more than six per centum of the total soluble solids, ana 2 except also sirup of cane juice produced from sugarcane grown in continental United States. “Sugar,” within the meaning of this definition, shall include, but shall not be limited to, granulated sugar, lump sugar, cube sugar, powdered sugar, brown sugar, sugar in the form of blocks, cones, or molded shapes, confectioners’ sugar, centrifugal sugar, clarified sugar, turbinado sugar, plantation white sugar, muscovado sugar, refiners’ sort sugar, invert sugar, invert sugar mush, raw sugar, liquid sugar, sirups, and sugar mixtures. Liquid sugar shall be computed on the basis of the weight of sugar solids. (21) “Weight value” means the amount of sugar authorized to be delivered by a Certificate or Stamp. (22) “Wholesaler” means an establishment which makes over 60 percent of its sales of all merchandise to persons other than consumers. The term “wholesaler” does not include a primary distributor. ADMINISTRATION AND PERSONNEL 1407 .41 Personnel.—(a) Rationing Order No. 3 shall be administered by the Office of Price Administration through its Local Rationing Administrators, and its Local Rationing Boards, and such other administrative personnel as it may designate. (b) The persons referred to m paragraph (a) hereof may be assisted during the registration periods by the chief school officials of the several states, the eity and county superintendents of schools, and by the persons who may be appointed to act as School Site Administrators, Registrars, and Trade Rationing Advisers. The School Site Administrators shall be appointed by the city or county school superintendents and the Registrars shall be appointed by the School Site Administrators. The Trade Rationing Advisors shall be appointed by the Local Rationing Boards. The persons enumerated in this paragraph shall serve without compensation and shall be under the supervision of the persons enumerated in paragraph (a) and of the persons who appointed them. (e) No person particiating in the administration of Rationing Order No. 3 shall act officially in connection with any matter arising under Rationing Order No. 3 wherein, by reason or business interests or relationship by blood or marriage, he is unable to act without bias. 1407.42 Powers and duties.—The persons appointed to administer Rationing Order No. 3 or to assist therein shall have such powers and duties as are provided in Rationing Order No. 8 and any subsequent orders issued by the Office of Price Administration. 1407.43 Jurisdiction of Board ; Transfers.—(a) The jurisdiction of each Local Rationing Board shall extend to every consumer and every registering unit registered with it. (6) If a consumer does not reside in the area assigned to the Board with which he is registered, a written application may be filed with the Board having jurisdiction over the area in which the consumer resides for the transfer to it of his registration file. Such application may be made by the consumer or by his authorized agent. The Board with which such application is filed, after ascertaining that the consumer is residing within the area assigned to it, shall notify 3 the Board with which the consumer is registered. The latter Board shall thereupon transfer the registration file of the consumer to the Board to which such application has been made. (c) If the owner of a registering unit moves his principal business office from the area in which the registering unit is registered, such owner, at his option, may apply in writing to the Board having jurisdiction over the area to which his principal business office has been moved, for the transfer to it of the registration file of the registering unit. (d) If a registering unit is not registered with the Board having jurisdiction over the area in which is located the office from which the operation of the registering unit is immediately controlled, the owner, at his option, may apply to such Board in writing for the transfer to it of the registration file of the registering unit. (e) Whenever an application for the transfer of the registration file of a registering unit is made in accordance with the foregoing provisions the Board to which such application is made shall notify the Board with which the registering unit is registered of the fact that such application has been made. Thereupon the latter Board shall transmit the registration file of the registering unit to the Board to which such application was made ; and it shall retain a record of the name and address of the registering unit, the name of the owner, and of the address of his principal business office, and of the designation of the Board to which the registration file is transmitted. (/) Upon the transfer of the registration file of a consumer or a registering unit in accordance with the foregoing provisions the consumer or registering unit shall thereafter be deemed to be registered with the Board to which such file is transmitted. 1407.44 Records Confidential.—All records of the Office of Price Administration and of the Board relating to sugar rationing shall be confidential and shall be subject to inspection, removal, or other disposition only as provided herein or as the Office of Price Administration may from time to time order. The records shall at all times be available for inspection and use by the Department of Justice of the United States in or out of court. Any person filing a record, or his agent, may examine the record so filed oy him if to do so does not interfere with the administration of Rationing Order No. 8. Records may be subpoenaed in any criminal proceeding in which the defendant is the person named in said records or is a person alleged to be in col-lùsion with the person named therein. Records may be subpoenaed in any other action or proceeding if the subpoena is served at least ten (10) days before the return date and if the Price Administrator deems the production of the records in answer to such subpoena is in the interest of national defense and security. Notwithstanding any of the foregoing there may be posted at the office of each Board a list of all consumers who have made application for and received permission to obtain amounts of sugar in addition to sugar authorized by Stamps, except that the names of Intelligence Officers of the armed forces of the United States, or members of law-enforcement agencies of the United States, or of any State or political subdivision thereof, whose work requires secrecy shall not be included in any such list. 4 CONSUMERS 1407.61 Prohibited deliveries.—On and after April 28,1942, notwithstanding the terms of any contract, agreement, or commitment, regardless of when made, no person shall make delivery of sugar to any consumer,1 and no consumer shall accept delivery of sugar from any person except upon the surrender to such person by the consumer, pursuant to Rationing Order No. 3, of a Stamp or Certificate having a total weight value equal to the quantity of sugar delivered; provided, however, that loans of sugar owned for personal use which are repaid in kind in equal quantity may be made between consumers without the surrender of Stamps or Certificates. 1407.62 War Ration Book.—Except as is otherwise provided in Rationing Order No. 3, every consumer shall be entitled to obtain War Ration Book One (OPA Form No. R-302) containing War Ration Stamps, upon proper registration and application during the period from May 4 to May 7, 1942, at any designated registration site. 1407.63 Eligibility for making application for War Ration Book One*—(a) Registration and application for War Ration Book One for all members of the family unit, including those temporarily absent, shall be made by one adult member of the family umt; provided, however, that if there is no adult member of the family unit, the registration and application for the members of the family unit shall be made by the oldest member or by a responsible adult. Any member of a family unit residing in or confined to a hospital, asylum, home, prison, or similar institution, whether public or private^ during the registration period may be registered, but if such member is likely to be confined for a period exceeding ten days from the time of such registration, the War Ration Book issued for him shall be surrendered to the head of the institution while he is confined therein. (6) A consumer not a member of a family unit shall register and apply for himself; provided, however, that the registration and application for a minor not a member of a family unit shall be made by his parent or guardian, or by a responsible adult, unless such minor is self-supporting. (c) A consumer not a member of a family unit shall not be eligible for registration nor entitled to obtain a War Ration Book while confined in an institution of the type described in paragraph (a) hereof (d) Registration and application for a consumer not a member of a family unit and not confined to an institution who is so incapacitated as to be unable to register for himself during the registration period shall be made by the individual caring for him or some other individual designated by him. Such individual may be required to show to the satisfaction of the Registrar that he has authority so to act. 140 7.64 Registration.—(a) Every individual registering and making application for a War Ration Book for himself, or for himself and the members of his family unit, or on behalf of any other person, shall declare the facts required by OPA Form No. R-301 (Application for War Ration Book), including such facts as may be necessary to determine whether the consumer for whom application is made is 1 “Consumer” means any individual who receives sugar for personal use. 466622*—42---------2 5 entitled to a War Ration Book and the number of Stamps to be contained therein. Such facts shall be entered by the Registrar in the presence of the person registering, and after completion the Form shall be certified to and signed by such person. If the individual is acting on behalf of another not a member of his family unit, the Registrar shall identify the signature by writing thereunder the word “Agent.” When a War Ration Book is issued the Registrar shall record the serial number of the War Ration Book on the Application for War Ration Book form and shall certify to the proper delivery of the War Ration Book by signing the Form. (&) The Application for War Ration Book form shall, after completion, be filed with the Board whose number is endorsed upon the Form. 1407.65 Sugar supply of consumers.—The sugar supply of a consumer is the amount of sugar owned by him for personal use; the sugar supply of a family unit is the total of all sugar owned by the members of the family unit for personal use. 1407.66 Allowable sugar supply.—Each consumer shall be permitted to own 2 pounds of sugar for his personal use without having Stamps detached from his War Ration Book. 1407.67 Issuance of War Ration Books.—(a) Each War Ration Book issued during the registration period shall be completed and signed by the Registrar. ^b) If the sugar supply of a consumer not a member of a family unit exceeds 6 pounds, the consumer shall be registered, but no War Ration Book shall be issued for him. If, however, the sugar supply of the consumer exceeds 2 pounds but does not exceed 6 pounds, the Registrar shall issue a War Ration Book after first detaching tnere-from one Stamp, commencing with Stamp No. 1, for each pound in excess of 2 pounds. In making computations fractions of a pound shall be disregarded. (o) If the sugar suppfy of the members of a family unit, disregarding Tractions of a pound, exceeds the quantity equal to 6 pounds per member, all members shall be registered but no War Ration Book shall be issued to any member of the family unit. If, however, such sugar supply does not exceed a quantity equal to 6 pounds per member, the Registrar shall issue War Ration Books to all members after detaching therefrom one Stamp for each pound in excess of a quantify equal to 2 pounds per member. The Registrar shall detach sucn Stamps as nearly equally as possible from the War Ration Books issued to the members of the family unit and shall detach the Stamps consecutively commencing with Stamp No. 1 of each War Ration Book so issued. 1407.68 Late registration of consumers.—(a) A consumer who is not registered during the registration period, upon good cause shown, may be registered thereafter at the office of the Board having jurisdiction over tne area in which he resides. Such registration shall be made in the same manner and on the same conditions as a registration made during the registration period. A late registration may not be made prior to May 21, 1942, except that the Board, in its discretion. may permit registration prior to such date in cases of unusual haraship. The number of Stamps to be removed from the War Ration 6 Book shall be determined on the basis of the sugar supply owned on the 4th day of May 1942 by the consumer if he was not a member of a family unit on such date, or by the members of the family unit of which he was a member on such date. In every case the Stamps for any ration periods which have expired shall be detached from the War Ration Book issued. (b) Each War Ration Book issued subsequent to the registration period shall be completed and signed by a member of the Board or by its duly authorized agent. 1407.69 Subsequent issuance of War Ration Books to consumers having an excess supply of sugar at the time of the registration period.—Every consumer who has been registered but who has not been issued a War Ration Book by reason of the ownership of an excess sugar supply shall be entitled to receive a War Ration Book by application to the Board at any time subsequent to the com-.mencement of the latest of the ration periods during which Stamps become valid having a weight value equal to the excess sugar supply owned on May 4, 1942, by the consumer, if not a member of a family unit, or by all the members of the family unit if the consumer was a member of a family unit on such date. At the time of issuing such War Ration Books the Board shall detach therefrom Stamps in weight value equal to such excess sugar supply and any additional Stamps applicable to expired ration periods. 1407.70 Surrender and retention of War Ration Books.—(a) Within ten days after the death of a consumer the person having possession of the War Ration Book of the decedent shall surrender it to the Board for cancellation. (b) When a consumer to whom a War Ration Book has been issued becomes confined to an institution for a period likely to exceed ten days, he shall surrender his War Ration Book to the administrative head of the institution. On his discharge from the institution the War Ration Book shall be returned to him. (o) If a consumer is inducted into the armed services of the United States, or leaves the United States for a period of more than thirty days, he shall surrender his War Ration Book to the Board. 1407.71 Home canning.—Each consumer holding a War Ration Book shall be entitled to additional amounts of sugar not to exceed 5 pounds per annum for use in connection with the canning or preserving of fresh fruits or vegetables for consumption in his own home; provided, however, that the maximum quantity of sugar which may be obtained for home canning during the period of May and June 1942 by a consumer registered with a Board located in the District of Columbia or in Virginia, West Virginia, Maryland, Delaware, Pennsylvania, New Jersey, New York, Rhode Island, Connecticut, Massachusetts, New Hampshire, Vermont, or Maine, shall be one pound. The application therefor shall be made to the Board upon OPA Form No. R-315 by the consumer personally or by an adult member of his family unit or by an authorized agent. Upon application, the Board in a proper case shall issue to the consumer a Certificate for the amount of sugar authorized by this section. 1407.72 Consumer born after registration.—A consumer born after the period provided for consumer registration may be regis- 7 tered by his parent or other person having custody of him, with the Board with which such parent or other person is registered. The Board shall issue a War Ration Book to such consumer after first removing therefrom the Stamps applicable to all expired ration periods. 1407.73 Consumer handicapped by transportation.—A consumer who, because of transportation difficulties, finds it a hardship to take delivery of sugar during the ration periods specified by the Office of Price Administration may apply for a Certificate authorizing him to take delivery of a quantity of sugar not in excess of the aggregate amount to which he is entitled for a period of four weeks. The application therefor shall be made to the Board upon OPA Form No, R-315 by the consumer personally or by an adult member of his family unit or by an authorized agent. The Board, in a proper case, shall grant the application, but before issuing the Certificate shall detach from the War Ration Book of the consumer, and from the War Ration Book of any other consumer On whose behalf he has made application, the Stamps in lieu of which the Certificate is issued. 1407.74 Growers of sugarcane and sugar beets.—A consumer who has delivered sugarcane or sugar beets produced by him to a primary distributor for processing into sugar may apply for a Certificate authorizing him to take delivery from that primary distributor of a quantity of sugar not in excess of 25 pounds for himself and 25 pounds for each member of his family unit. The application therefor shall be made to the Board upon OPA Form No. R<-315 by the consumer personally or by an adult member of his family unit or by an authorized agent The Board, in a proper case, shall grant the application, provided that such consumer shall surrender to the Board his War Ration Book and the War Ration Books of the members of his family unit for whom such application is made. 1407.75 Illness of consumer.—Any person who, by reason of his illness, requires amounts of sugar in addition to that otherwise allowed him may apply for a Certificate authorizing him to take delivery of such additional amounts. The application therefor shall be made to the Board upon OPA Form No. R-815 by the consumer personally or by an adult member of his family unit, or by an authorized agent, and shall be accompanied by a doctor’s certificate explaining why additional sugar is needed and stating the amount required. The Board in a proper case shall grant the application. . 1407.76 Consumers eating regularly at same establishment.— A consumer who arranges to eat 12 or more meals per week in an establishment registered as an institutional user must surrender his War Ration Book to the owner or manager of the establishment. The War Ration Book shall be returned to the consumer when he ceases to eat 12 or more meals per week at the establishment. At the. time of the return, Stamps for the ration periods that expired while such arrangement existed shall be detached by the owner or manager and surrendered for cancellation to the Board having jurisdiction oyer the establishment. Notwithstanding the provisions of this section the War Ration Book shall be surrendered to the consumer for tem-porary use for the purpose of purchasing any product other than a food product for which a War Ration Stamp may have been designatedby the Office of Price Administration. Establishments referred 8 to in this section include, but are not limited to, boarding houses and college dormitories. INSTITUTIONAL AND INDUSTRIAL USERS 1407.81 Registering unit.—As used in sections 1407.82-1407.94, such registering unit refers to the institutional1 or industrial2 users which are included within such registering unit, 1407.82 Prohibited deliveries.—On and after April 28, 1942, notwithstanding the terms of any contract, agreement, or commitment, regardless of when made, no person shall make delivery of sugar to any registering unit, and no registering unit shall accept delivery of sugar from any person except upon the surrender to such person by the registering unit pursuant to Rationing Order No. 3 or a Certificate having a total weight value equal to the quantity of sugar so delivered ; except that any sugar which at the time of registration has been included in present inventory pursuant to Section 1407.84 may be received without the surrender of Certificates. 1407.83 Registration.—(a) Registration shall be made on April 28 or 29, 1942, for each registering unit upon OPA Form No. R-310 (Registration of Institutional and Industrial Users) at a registration site designated for the area in which the principal business office of the owner is located. (6) The Form shall be presented for filing, and signed in the presence of a Registrar, by the owner, a partner (if the owner is a partnership), an officer (if the owner is a corporation, association, or similar organization), or manager of the owner. The Registrar in whose presence the Form is signed shall witness the signature and certify to the execution thereof. () If a registering unit proposes to use sugar for any product or purpose other than those listed in Section 1407.241, Schedule A of Rationing Order No. 8, but did not use sugar for such product or purpose in each month of 1941, its sugar base tor such product or purpose for each month may be, at the option of the registering unit, the amount arrived at by dividing the total quantity of sugar used for such purpose during the period from January 1, 1941, to April 28, 1942, by me number of months the registering unit was in business during that period. In making this computation any period in excess of 15 days shall be deemed a month. (o) In the case of an institutional user only, the sugar base for every month may, at the option of the registering unit, be the amount of sugar used during March 1942. (d) There shall not be included in the computation of the sugar base any sugar used in products which were delivered to the Army or Navy or to any of the persons or agencies enumerated in paragraph (&) of Section 1407.188. (e) The information necessary to compute the sugar base of the registering unit in accordance with the provisions of this section shall be entered on Schedule I of OPA Form No. R-810 (Registration of Institutional and Industrial Users). 1407.86 Allotments.—(a) A registering unit which uses sugar for any of the purposes not enumerated in Section 1407.241, Schedule A of Rationing Order No. 8, and which has established a sugar base by registration on OPA Form No. R-810, is eligible for an amount of sugar for each of such purposes which is known as an allotment. The amount of an allotment for each period for which application is made shall be the applicable percentage specified in Section 1407.242, Schedule B of Rationing Order No. 8, of the sugar base. (5) Application for an allotment made during the registration period shall be for the period from the date of registration to June 80, 1942. All subsequent applications shall be made only for a period of one month and shall be made not later than the Sth day of the month for which the application is being made and not earlier than the 20th day of the preceding month. 1407.87 Provisional allowance.—(a) A registering unit proposing to use sugar for the production of any of the products lifted in Section 1407.241, Schedule A of Rationing Order No. 8, is eligible for an amount of sugar which is determined by multiplying the number of units of such product which the owner estimates will be pro- 10 duced by the registering unit during the period for which the application is being made, by the quantity of sugar which is permitted in Section 1407.241, Schedule A, as the maximum amount per unit of the product. The amount of sugar thus allowed is known as a provisional allowance. (J) A registering unit proposing to use sugar for the feeding oi bees is entitled to a provisional allowance for such purpose. The amount of such provisional allowance is to be determined pursuant to Table VI of Schedule A, Section 1407.241. (o) Application for a provisional allowance made during the registration period shall be for the period from the date of registration to June 80, 1942; application made subsequently shall be for the period from the first day of the month in which the application is filed to the last day of the succeeding month. 1407.88 Application for Certificate—Application shall be made by each registering unit desiring a provisional allowance or allotment on OPA Form No. Rr-314 (Application for Sugar Purchase Certificate by Institutional and Industrial Users). Only those registering units which have properly registered on OPA Form No. IC-310 (Registration of Institutional and Industrial Users) may apply. The application shall be presented for filing and shall be signed by one of the persons authorized to file and sign OPA Form No. R-310 at the registration site, if the application is being made at the time of registration, or at the office of the Board. The issuing officer in whose presence the Form is signed shall witness the signature and certify to the execution thereof and shall also insert on the Form the designation of the Local Rationing Board having jurisdiction over the registering unit. 1407.89 Use of provisional allowance.—(a) No registering unit may use more sugar in any packing season for packing or processing any product listed in Table I or Table II of Schedule A, Section 1407.241, than the amount determined by multiplying the number of units of such product actually packed in such season by the allowance per unit of such product specified in Schedule A. (&) No registering unit may use more sugar for packing or otherwise processing any unit of any product listed in Table IV or Table V of Schedule A than the amount specified therein as the allowance per unit of such product. (c) In determining the quantity of sugar used for the packing or processing of any product listed in Section 1407.241, Schedule A, there shall be included all dextrose and com syrup used for such product on the basis of 1.2 pounds of dextrose of 1.4 pounds of com syrup as the equivalent of 1 pound of sugar. . _ 1407.90 Amount for which Certificate is to be issued.—A Certificate shall be issued to the registering unit, after proper application, for the total of the provisional allowance and the allotment or allotments applied for, less any adjustments required to be made by Rationing Order No. 3 and less any part of the provisional allowance for the preceding period which was not used for the purposes for which the provisional allowance was made. t , ■ 1407.91 Adjustments.—(a) In the first application for a Certificate the adjustment shall be the deduction of present inventory. In 11 all subsequent applications adjustments shall include any. excess of the present inventory over the total of all prior allotments and provisional allowances, as well as corrections for any errors, omissions, or mistakes on prior applications. (6) Any registering unit which uses sugar obtained by it without the surrender of Certificates shall include the amount of such sugar as an adjustment to be deducted from the amount for which a Certificate may be issued upon the next application for the registering unit. 1407.92 Sugar to be used for purposes designated.—Except as is otherwise specifically provided in Rationing Order No. 3, the sugar received by a registering unit shall be used by it only for the purpose or purposes stated in the application for the Certificate pursuant to which the registering unit received the sugar. 1407.93 Late registrations.—A registering unit which is not registered on April 28 or 29,1942, may thereafter be registered at the office of the Board. The present inventory of the registering unit shall, under such circumstances, be computed as of April 28, 1942, and the registering unit shall not be permitted any provisional allowance or allotment tor any periods that may have elapsed. 1407.94 Reports and records.—(a) At the time of registration a registering unit using sugar in packing or processing any of the products listed in Table II of Schedule A, Section 1407.241, shall file a written report setting forth the total number of cases, by sizes, of each fruit, and the total number of gallons of each fruit juice packed during 1941, the total quantity of sugar used in connection with each, and in the case of each fruit the total number of cases processed in terms of cases of 24 2^’s on the basis of the conversion table set forth in Table III of Schedule A, and the average quantity of sugar used per case on the converted basis. (b) At the time of registration a registering unit using sugar in connection with the processing of pickled or cured fish, shellfish, or poultry products shall file a written report of the quantity of each of such products processed during 1941, the total quantity of sugar used in connection with each and tne average quantity of sugar used per hundredweight (unprocessed). (c) A registering unit using sugar during any month for packing or processing any of the products listed in Section 1407.241 Schedule A, or for feeding bees, shall, on or before the 15th day of the following month, file with tne Board a written report of the use of sugar for each of such products during the past month, except that the report made during June 1942 shall be tor the period from the time of registration to May 31,1942. The report shall set forth the number of units by sizes of each product packed or processed (and the number of bee colonies fed by weeks), and the quantity of sugar used in connection therewith. In the case of the products listed m Tables I and II of Schedule A, Section 1407.241, except fruit juices, there shall be included as a separate item the number of cases of each product packed or processed in terms of cases of 24/2’s and 24/2Ws, respectively, on the basis of the conversion table set forth in Table III of Schedule A. In the case of fruit juices the quantity packed or processed shall be expressed in terms of gallons. 12 (d) Al], registering units shall preserve for a period of two years at the office of the registering unit records showing by months the amounts of sugar received by the registering unit and the person from whom received, the use made of such sugar for each product and purpose listed in Section 1407.241, Schedule A, and Section 1407.242, Schedule B, and the amount of each product processed,, except that institutional users shall not be required to keep any records of the amount of any product processed. RETAILERS AND WHOLESALERS 1407.101 Registering unit.—As used in Sections 1407.102-1407.110 such registering unit refers to the retailer1 or wholesaler2 establishments which are included within such registering unit. 1407.102 Prohibited deliveries.—On and after April 28, 1942, notwithstanding the terms of any contract, agreement, or commitment, regardless of when made, no person shall make delivery of sugar to any registering unit and no registering unit shall accept delivery of sugar from any person except upon the surrender to such person by the registering unit? pursuant to Rationing Order No. 8, of Certificates or Stamps having a total weight value equal to the quantity of sugar so delivered; except that any sugar which at the time of registration has been included in present inventory pursuant to Section 1407.104, may be received without the surrender of Certificates or Stamps. On and after. April 28, 1942, no registering unit shall accept delivery of any sugar and no registering unit shall make delivery of any sugar until it has been registered pursuant to the provisions of Section 1407.103 of Rationing Order No. 3. 1407.103 Registration and application ; Eligibility.—(a) Registration and application for Certificates shall be made on April 28 or 29. 1942, for each registering unit upon OPA Form No. R-805 (Registration of Retailers and Wholesalers), at a registration site designated for the area in which the principal business office of the owner is located; 'provided that in order to be eligible for registration all of the component establishments selling at retail must have made deliveries of sugar at any time during the period from January 1, 1941? to April 20, 1942, or nave commenced operations subsequent to April 20,1942. and that component establishments selling at wholesale must nave nandled sugar at any time during the period from January 1, 1941, to December 1, 1941. Retail establishments which did not handle sugar during the period from January 1, 1941, to April 20, 1942, or which commenced operations subsequent to April 28,1942, and wholesale establishments which did not make deliveries of sugar during the period from January 1, 1941. to December 1, 1941, may petition for registration pursuant to tne provisions of Section 1407.168 of Rationing Order No. 8. (6) The Form shall be presented for filing, and signed in the presence of a Registrar, by the owner, a partner (if the owner is a 1 “Retailer” means an establishment which makes over 50 per cent of its sales of all merchandise to consumers. ,, , « * “Wholesaler” means an establishment which makes over 50 percent of Its sales of all merchandise to persons other than consumers, exclusive of sales made by a primary distributor. The term “wholesaler’* does not Include a primary dlstlbutor. 13 partnership), an officer (if the owner is a corporation, association, or similar organization), or manager of the owner. Tne Registrar in whose presence the Form is signed shall witness the signature and certify to the execution thereof. (0) If the registering unit is composed of more than one establishment there shall be attached to the Registration Form a list of the establishments included, with the address of each : provided, however, that a registering unit composed of establishments located on mobile conveyances, including vessels, need not list such mobile conveyances. (¿Z) The Registrar shall also insert on the Form the designation of the Local Rationing Board having jurisdiction over the registration site and at the close of the registration period the completed Form shall be filed with such Board. 1407.104 Present inventory.—The present inventory of a registering unit is the aggregate of all sugar in the possession of, or intended to be used by, the registering unit, to which, at the time of registration, the owner of the registering unit has title or holds documents of title, or which was in transit or stored for delivery to the registering unit and out of the possession of the vendor of the registering unit prior to April 28, 1942. The owner shall be deemed to have title to sugar regardless of the fact that it may have been mortgaged, pledged, or otherwise used as security in a credit transaction, or that its use may have been prohibited by any order of the War Production Board. Every person who owns one or more registering units must include all sugar to which he has title (except sugar held for personal use and sugar in the possession of his vendor) in the present inventories of such registering units, allocating such sugar among those of his registering units as he selects. 1407.105 Allowable inventory.—(a) A registering unit is permitted to obtain' a working inventory or sugar which shall be known as the allowable inventory. (J) The amount of the allowable inventory for a registering unit registering as a retailer is the quantity equal to one pound for each dollar of gross sales of all meats, groceries, fruits, vegetables, and similar products made during the week ending April 25,1942 (or, if the component establishment began operations after April 20, 1942, the estimated sales for the first complete calendar week of operations), or one-quarter of the sugar delivered to and accepted by the registering unit during the month of November 1941, whichever is smaller; provided, that if the component establishment was not in operation during the full month of November 1941, or if the information concerning the quantity delivered to and accepted by the registering unit during November 1941 cannot be ascertained, the allowable inventory shall be computed solely on the basis of the aforementioned gross sales. (e) The allowable inventory of a registering unit registered as a wholesaler is the quantity of sugar equal to the total obtained by taking the quotient arrived at by dividing the amount of sugar delivered to thç registering unit in 1941 by twice the number of months it made deliveries of sugar during 1941, and adding thereto the quantity of sugar equal to tne shipping unit by which the registering unit customarily took delivery or sugar on or about December 1,1941. 1407.106 Issuance of Certificates at registration.—If the present inventory of the registering unit is less than the allowable inventory, 14 a Certificate shall be issued by the Registrar to the registering unit in the amount applied for; in no event, however, shall the amount applied for be greater than the difference between the allowable inventory and the present inventory. If application is made for a Certificate in weight value less than the maximum for which such application may be made, the allowable inventory shall be reduced by the amount by which the maximum weight value for which application could be made exceeded the weight value of the Certificate applied for. 1407.107 Excess inventory.—The amount by which the present inventory exceeds the allowable inventory shall be known as the “excess inventory.” The registration of a registering unit which has an excess inventory shall be completed, but such registering unit shall not be entitled to any Certificates at the time of registration. Before it may accept any deliveries of sugar such registering unit must surrender to the Board for cancellation Stamps or Certificates in weight value equal to the amount of the excess inventory. 1407.108 Deliveries to registering units after registration.— After registration, the allowable inventory of a registering unit may be replenished upon the surrender, pursuant to Rationing Order No. 8, of Stamps and Certificates received by the registering unit from the persons to whom its component establishments delivered sugar. 1407.109 Late registrations.—A. registering unit which was not i-egistered on April 28 or 29. 1942, may be registered thereafter at the office of the Board. In applying for late registration, the present inventory and the allowable inventory shall be computed and declared as of April 28,1942. 1407.110 Records.—Establishments selling at retail or at wholesale shall keep records of all sugar received by them. An establishment operating as a wholesaler snail also keep a record of the names and addresses of all persons to whom sugar was delivered at wholesale and the quantities and dates of such deliveries. These records shall be kept at the office of the registering unit of which the establishment is a part and shall be made available for inspection by the Office of Price Administration and the Board. Such records shall be retained for a period of not less than 2 years. PRIMARY DISTRIBUTORS 1407.121 Deliveries by primary distributors.1—Except as is otherwise provided herein, a primary distributor may deliver sugar to persons not primary distributors on and after April 28,1942, only upon the receipt of Stamps or Certificates in the manner set forth in Rationing Order No. 3. The Stamps or Certificates received pursuant to such deliveries shall be sent by the primary distributor to the State Director in the State in which the principal office of such primary distributor is located. 1 “Primary distributor” means any person who manufactures sugar or the agent of any such person, or any person who delivers sugar to the continental United States from offshore areas or any person who takes such delivery or the agent of any such person who makes or takes such delivery. The term “agent’’ shall be deemed to include a broker, factor, commission merchant, or a person who takes title but actually performs functions commonly performed by agents, brokers, factors, or commission merchants. 15 1407.122 Records of primary distributors.—The primary distributor shall preserve for a period of 2 years at his principal business office records of all sugar delivered by him, the persons to whom such deliveries were made, and the amounts thereof, the serial numbers of all Certificates received therefor, the weight value of such Certifi-cateSj and the amount of sugar delivered against them: The primary distributor shall, in each month, send to the State Director a report of all deliveries made to the Army or Navy or any of the persons or agencies listed in paragraph (ft) of Section 1407.183. SUGAR PURCHASE CERTIFICATES, WAR RATION BOOKS, AND WAR RATION STAMPS 1407.141 Nature and validity of Certificates and Stamps.— (a) A Certificate or Stamp may be transferred only for the purpose of authorizing the consumer or registering unit to whom the Certificate or Stamp was issued to take delivery of the amount of sugar specified on the Certificate or assigned to the Stamp in Section 1407.243, Schedule C of Rationing Order No. 3, and to permit the registering unit to which the Certificate or Stamp has been surrendered to take delivery of sugar in order to replenish its sugar inventory. Stamps in the hands or a consumer are valid only if attached to a War Ration Book. (b) Each Stamp authorizes delivery of sugar to a consumer only during the ration period assigned to that Stamp in Section 1407.248, Schedule C. The Stamp permits a registering unit to which it has been surrendered by a consumer in accordance with Rationing Order No. 3, to receive the amount of sugar assigned to the Stamp in Schedule C within ten (10) days of the close of the ration period during which the Stamp was valid. A Certificate authorizes the person to whom it was issued to take delivery within sixty (60) days from the valid date of the Certificate, of the amount of sugar specified thereon. A Certificate authorizes a primary distributor or a registering unit to which it has been duly surrendered in accordance with Rationing Order No. 8, to make a delivery of sugar within a period of thirty (80) days from the date set forth in the last endorsement on the reverse of the Certificate. (c) If there are surrendered to a wholesaler or primary distributor Certificates or Stamps having a weight value equivalent to a quantity of sugar which cannot be delivered in standard shipping packages, or standard shipping units, as the case may be, the wholesaler or primary distributor may deliver either the exact quantity of sugar called for by the Certificates and Stamps or, at his option, the quantity contained in standard shipping packages, or standard shipping units most closely approximating the amount called for by such Certificates and Stamps. If the amount delivered is less than the weight value of the Certificates and Stamps, the wholesaler or primary distributor shall credit the person to whom he delivered the sugar with the excess of the Certificates and Stamps. The excess shall be added to the amount of sugar which may thereafter be delivered to such person. If the amount of sugar delivered is greater than the amount of the Certificates and Stamps, the wholesaler or primary distributor shall charge such 16 person with the excess and also charge the excess against the next Certificates and Stamps surrendered to him by such person. 1407.142 Surrender of Certificates and Stamps.—(a) Certificates or Stamps must be surrendered by the consumer or registering unit receiving the sugar to the primary distributor or registering unit delivering the sugar at or before the tune of delivery. A Stamp must be detached by the consumer or the person acting on his behalf from' the War Ration Book of the consumer only in the presence of the person making delivery of the sugar. Before a Certificate is surrendered, the proper endorsement on the reverse side shall be completed by the holder of the Certificate. (&) A registering unit to which Stamps are surrendered by a consumer must paste the Stamps on OP A Form No. R—304 (War Ration Stamp Card), or upon a similar card ; only Stamps bearing the same number may be affixed to the Card. When a registering unit surrenders a Card for the purpose of authorizing a delivery of sugar to it, the name and address of the registering unit surrendering the Card and the name and address of the registering unit to whom the Card is being surrendered shall be written across the face of the Card by the rormer. A registering unit which delivers sugar in exchange for Cards, and any registering unit which takes delivery of sugar from a primary distributor must surrender them to the Board within ten (10) days after their receipt. The registering unit may, at the same time, surrender any Certificates received by it. At the time of such surrender there shall be completed and submitted with the surrendered Cards and Certificates, if any, OPA Form No. R-309 (Stainp Card Exchange Receipt). The Board receiving such Cards and Certificates, together with tne Exchange Receipt, shall thereupon issue to the registering unit a Certificate in weight value equal to the surrendered Stamps and Certificates. 1407.143 Type of sugar authorized.—A. Certificate or Stamp shall authorize delivery and receipt of any kind, type, or grade of sugar. 1407.144 Transfer of establishments.—(a) If an entire establishment including the good will is transferred to a person the sugar inventory of the establishment may be transferred to such person without the surrender of Certificates or Stamps. (&) An establishment acquired by transfer which is continued in substantially the same manner as prior to the transfer shall be entitled to receive Certificates at the time of registration and thereafter, and to take deliveries of sugar to the same extent as prior to the transfer. All Certificates and Stamps held by the establishment at the time of transfer shall be surrendered by the person acquiring the establishment to the Board having jurisdiction over the establishment. At the time of such surrender, if the establishment is being ’ continued, such person may apply for replacement Certificates authorizing deliveries of an amount of sugar equal to that authorized by the surrendered Certificates and Stamps. The application therefor shall be made to the Board upon OPA Form No. Rr-315 by such person or his authorized agent. Replacement Certificates shall be issued, after transfer, only if the establishment is to be continued in substantially the same form. 17 (o) Registration and application as a new establishment may be made for any establishment denied replacement Certificates with the Board having jurisdiction over it. (d) Upon tne liquidation of an establishment, sugar in its possession may be delivered only to persons surrendering Certificates or Stamps in weight values equivalent to the sugar delivered to them. All Certificates or Stamps thus received, as well as Stamps and Certificates otherwise in its possession, shall be surrendered for cancellation by the person in charge of the liquidation to the Board having jurisdiction over the establishment. (e) In the event of transfer, liquidation, or cessation of operation of an establishment operating as an industrial or institutional user and constituting part of a registering unit, any sugar allotment made thereafter to tne registering unit snail be reduced by the amount applicable to such establishment. (/) Transfers referred to in this section include disposal or acquisition oy way of mergers, consolidations, purchases and sales, devise or bequest and inheritance, gift, and transfers involved in bankruptcies, receiverships, reorganizations, and assignments for the benefit or creditors. 1407.145 Judicial seizure of Certificates, Stamps, and sugar«— (a) No Certificate or Stamp nor any interest therein may be seized by execution, levy, attachment, or other judicial process or acquired through devise or bequest or inheritance other than is provided in Section 1407.144 with regard to the transfer of an establishment holding Certificates or Stamps. (b) Sugar in the possession of any person may be seized pursuant to judicial process or order issued by a court of competent jurisdiction without the surrender of Certificates or Stamps. Delivery of such sugar may be made to a person or registering unit other than the one from whom it was taken only upon receipt of Certificates or Stamps in weight value equal to the amount of sugar delivered. The Certificates or Stamps thus received shall be surrendered for cancellation to the Board with which the person from whom the sugar was seized is registered. 1407.146 Acquisition of sugar for carriage, storage, or security; disposal.—(a) Sugar may be delivered by a registering unit to any person for carriage, storage, or security purposes without the surrender of Stamps or Certificates. The sugar may thereafter be delivered either to the registering unit from whom the sugar was received or to the registering unit to whom the warehouse receipt or bill of lading, if any, issued in connection with such sugar has been duly transferred. (5) Any person who has possession of sugar which he holds as bailee or on which he has a lien or to which he has title for security purposes only, who desires to acquire title to the sugar or to foreclose his ien or the interest of the debtor in the sugar must, if demand is made iy the registering unit from which the sugar was received or the assignee of such sugar, first apply to and obtain from the Board having jurisdiction oyer the area m which his principal business office is located a Certificate in the weight value of the amount of sugar thus held by him. The application snail be made on OP A Form No. R-315 18 (Special Purpose Application) and shall state the manner in which possession of the sugar was acquired and the disposition proposed to be made of the sugar. The Certificate, when issued, shall be immediately surrendered to the registering unit from which the sugar was received or to the assignee of such sugar as the case may be. The sugar may thereafter be disposed of by such person but only as follows: The sugar may be delivered to a consumer or registering unit upon receipt of Certificates or Stamps as prescribed by Rationing Order No. 3, and the Certificates or Stamps thus received shall be surrendered for cancellation to the Board by the person disposing of the sugar; or, if such person is a registering unit operating as an institutional or industrial user, the sugar may be used by it in its operations, and in this event the amount thus used shall be deducted from the quantity of sugar to which such registering unit is entitled in the subsequent calendar month or months. (c) Any Certificate issued by a Board pursuant to paragraph (6) shall merely be evidence that the person to whom the Certificate was issued has complied with Rationing Order No. 3, and shall not be construed as evidence that he was authorized to dispose of the sugar by the applicable law. 1407.147 Destroyed, stolen, or spoiled sugar.—A registering unit whose sugar is destroyed, stolen, or spoiled may apply for a certificate authorizing it to take delivery of an amount of sugar equal to the amount thus destroyed, stolen, or spoiled. The application therefor shall be made to the Board upon OPA Form No. R-315 by said registering unit. The Board, in a proper case, shall grant the application. 1407.148 Destroyed, mutilated, or stolen Certificates, Stamps, and War Ration Books.—(a) A Certificate that is torn or mutilated shall be valid only if more than one-half thereof remains legible and such remaining portion clearly evidences the date of the Certificate, its weight value, and the name of the holder. A Stamp that has been torn or mutilated is valid in the hands of the consumer only if more than one-half remains undetached in the War Ration Book. . (*) a Certificate or Stamp held by a registering unit is lost, destroyed, or stolen, or becomes invalid because of mutilation, the person entitled to such Stamp or Certificate may apply for a new Certificate in the weight value equal to that of the replaced Stamp or Certificate. The application therefor shall be made to the Board upon OPA Form No. R-315 by such person or his authorized agent. The Board, in a proper case, shall grant the application. (o) If a War Ration Book held by a consumer is lost, destroyed, or stolen the consumer may apply for a replacement War Ration Book. The application therefor shall be made to the Board upon OPA Form No. R-315 by the consumer personally or by an adult member of his family unit or by an authorized agent. The Board, in a proper case, shall grant the application. If the application is granted the Board shall remove from any replacement War Ration Book all Stamps that were removed from the lost, stolen, or destroyed Book and all Stamps applicable to all rationing periods that have expired. Under no circumstances shall any person be issued a War Ration Book to replace one that has been lost, stolen, or destroyed until a period of 19 not less than two months has elapsed since the date when he applied to the Board for a replacement War Ration Book. 1407.149 Drop shipments.—Any registering unit from which delivery of sugar is requested, if the parties so agree, may direct the registering unit requesting delivery to take the sugar from the premises of a third party or may direct the third party to deliver the sugar. In such event the registering unit from which delivery of sugar was requested shall surrender to the third party as authority for the delivery any Stamps or Certificates received from the registering unit to which the sugar is delivered. 1407.150 Subdividing certificates.—Any person entitled to a Certificate and any person holding a Certificate may receive in exchange therefor Certificates in different denominations, dated as of the date of their issuance and having the same aggregate weight value as the Certificate to which he is entitled or which he holds. There shall not be issued to such person in exchange more than four Certificates: Provided, however, That the Board may by reason of the size or nature of the business or operations conducted permit the issuance of any number of Certificates which is reasonable under the circumstances. 1407.151 Duty to ascertain validity of Certificates and Stamps.—No person shall make delivery of sugar if he knows or has reason to know that the Certificate or Stamp involved was not acquired by the person surrendering it in accordance with Rationing Order No. 8. 1407.152 Notification to Office of Price Administration of legal proceedings.—It shall be the duty of every person holding a Certificate or Stamp to notify the Regional or Field Office of the Office of Price Administration immediately upon the commencement of any legal action or proceeding involving a Certificate or Stamp. 1407.153 Issuance of Certificates.—Certificates may be signed and issued by a Registrar, a member of the Local Rationing Board, or by such other persons as the Office of Price Administration may designate. PETITIONS FOR ADJUSTMENT; APPEALS; NEW BUSINESS; MISCELLANEOUS 1407.161 Petitions for adjustment of base, allotment, or allowable inventory.—Petition may be made by an owner for adjustment in the sugar base, allotment, or allowable inventory of a registering unit. The petition shall be made upon OPA Form No. R^315 (Special Purpose Application). The petition shall be filed with the Board with which the unit is registered. The Board may request such additional information as it may deem pertinent, and shall, within ten days after the receipt of the petition, send it, together with all substantiating evidence and information received by the Board, to the Office of the State Director. The Board shall attach to the Form its recommendation concerning the action to be taken thereon. The petitioner may thereafter be requested to furnish further information and to appear personally. 1407.162 Appeals by registering units to State Directors.—An owner may appeal to the State Director from any decision of the 20 Board adverse to the registering unit by filing with the Board a statement in writing setting forth his objections to the decision and the grounds for the appeal. The statement must be filed not later than ten days after the making of the decision. Within five days after the receipt of the statement, the Board shall send it, and all other papers concerning the registering unit involved, to the State Director. Thereafter the proceedings shall be as is provided in Section 1407.161 with regard to petitions for adjustment. 1407.163 New establishments and ineligible establishments desiring sugar.—(d) Any person desiring to obtain sugar for an establishment not eligible for registration pursuant to Rationing Order No. 3 may petition the Board having jurisdiction over the area in which such establishment is, or will be, located, for registration and assignment to such establishment of an allowable inventory, provisional allowance, or allotment, as the case may be. The petition shall be made upon OBA Form No. R-315 and the proceedings thereafter shall be the same as is provided in Section 1407.161 with regard to petitions for adjustment. (&) Establishments referred to in this section include those which commenced operations subsequent to April 20,1942. 1407.164 Correction of registration : Composition of registering unit.—A registration made upon OP A Form No. R-305 (Registration of Retailers and Wholesalers) or upon OPA Form No. R-310 (Registration of Institutional and Industrial Users) may be corrected so as to eliminate clerical errors. The composition of a registering unit, however, may be changed only pursuant to authorization of the Office of Price Administration. A petition for change of composition of a registering unit shall be in writing and filed with the Board ; provided^ however, that the owner of a registering unit may add to the registering unit an establishment owned by him which commenced operation subsequent to April 29, 1942, without obtaining such authorization, but notification thereof shall be sent to the Board and the State Director. If the owner desires to obtain a new allowable inventory, provisional allowance, or allotment for the registering unit because or the addition of such establishment he shall make application pursuant to the provisions of Section 1407.168. 1407.165 Finality of findings.—All findings made by any local Rationing Board, or the Office of Price Administration shall be final, except as may otherwise be provided in Rationing Order No. 8. 1407.166 Exchange of sugar.—Any person may exchange sugar of different types with any other person if the weights of the sugars exchanged are equal. No Stamps or Certificates shall be necessary to authorize deliveries of sugars involved in such exchanges. If there is a price differential between the sugars exchanged, adjustments may be made between the parties provided that such adjustments do not affect the amount of sugar delivered and are consistent with the maximum prices established by the Office of Price Administration. 1407.167 Investigatory agencies.—Any investigatory or enforcement agency of a Federal, State, or Local Government wnich requires deliveries of sugar for the performance of its functions shall receive from the Board located in the area in which the agency is situated 21 War Ration Books or Certificates. Sugar acquired by the agency shall be delivered by it to any Federal, State, or Local institution, which shall acknowledge receipt of the sugar and the amount thereof to the Board which issued the Certificates or War Ration Books. When the purpose for which any book has been obtained under this section has been effected such Book shall be returned to the Board. ARMED FORCES OF THE UNITED STATES; CERTAIN OTHER PERSONS AND AGENCIES 1407.181 Army and Navy Personnel.—(a) Army and Navy personnel subsisted in kind or in organized messes shall not be eligible to register and apply for War Ration Books. All other Army and Navy personnel are eligible to register and apply for War Ration Books in accordance with the provisions of Rationing Order No. 3 applicable to consumers. (ft) Army and Navy personnel in furlough status for a period of in excess of one week shall, upon the presentation of leave papers to any Local Rationing Board, receive from the Board a Certificate in weight value equal to the amount of sugar assigned to the Stamp valid for the ration period in which the application is made. The Board issuing the Certificate shall enter on the leave papers the designation of the Board and a statement that a Certificate has been issued by the Board and the date of the issuance. 1407.182 Issuance of Certificates by Army or Navy.—Whenever the Army or Navy, or any personnel thereof, shall require sugar from other than a primary distributor, an officer authorized by the Army or Navy shall issue a Sugar Purchase Certificate to the Army or Navy, or the members of its personnel requiring the sugar, as the case may be, in such amounts as may be required. 1407.183 Deliveries of sugar to certain persons and agencies.— (a) Any registering unit which delivers sugar to any of the persons or agencies enumerated in paragraph (b) of this section, or makes deliveries of sugar to and for consumption in Alaska may make such deliveries without receiving Stamps or Certificates in exchange therefor, and may apply to and obtain from the Board a Sugar Purchase Certificate in weight value equal to the amount of sugar delivered. The application shall be made upon OPA Form No. R-315 (Special Purpose Application) and shall set forth in detail evidence substantiating such deliveries. (ft) The persons and agencies included within the provisions of this section are the United States Maritime Commission, the Panama Canal, the Coast and Geodetic Survey, the Coast Guard, the Civil Aeronautics Authority, the National Advisory Commission for Aeronautics, the Office of Scientific Research and Development, and any Government agency or other person acquiring such products for export to and consumption or use in any foreign country. 1407.184 Products containing sugar delivered to Army or Navy or certain other persons or agencies.—Any registering unit which has delivered products manufactured by it, in which it used sugar, to the Army or Navy of the United States, or to any of the persons or agencies listed in paragraph (ft) of Section 140f.l88 may apply 22 to and obtain from the Board a Certificate in weight value equal to the amount of sugar used in such products. The application shall be made upon OPA Form No. R-315 (Special Purpose Application) and shall set forth the nature of the product, the period during which the product was manufactured, and detailed evidence substantiating the delivery of such product to the Army or Navy, or to any of said persons or agencies, as the case may be. In the event that the registering unit is unable to present as evidence a receipt from the Army, Navy, or other person or agency at the time the application is madie, the Certificate may nevertheless be issued, but the registering unit must present the receipt to the Board promptly after it has been obtained. ENFORCEMENT 1407.201 Prohibited sale.—(a) No person shall sell or otherwise dispose of anv sugar with knowledge, or under circumstances from which it might reasonably appear to such person, that it is the intention of the person to whom the sugar is sold or otherwise disposed of, to use it, or to resell it or otherwise dispose of it to another person for use in violation of the laws of the United States, including use in the manufacture of distilled spirits, wines, or fermented malt liquors in violation of thè Internal Revenue Laws of the United States. (&) A sale or other disposition of sugar by a person (hereinafter called the transferor) to any other person, following receipt by the transferor of written notice from the Office of Price Administration that such other person has used sugar in the manufacture of distilled spirits, wines, or fermented malt liquors in violation of the Internal Revenue Laws of the United States, shall be prima facie evidence of a willful violation of this section by the transferor. 1407.202 Unlawful use or possession.—No person shall at any time either use or have in his possession or under his control or take delivery of any sugar, Certificates, Stamps or War Ration Books, where such possession, control, or acquisition is in violation of Rationing Order No. 8. 1407.208 Criminal Penalties.—Any violation of Rationing Order No. 8 is a crime punishable by a fine of not more than $10,000.00 or imprisonment of not more than one year, or both. 1407.204 Cancellation of Privileges and Reallocation of Sugar.—(a) Anv person operating an establishment or establishments who violates Rationing Order No. 8 in the conduct of any of such establishments shall be required to surrender for cancellation to the Office of Price Administration all Stamps or Certificates held by him in conjunction with the operation of all such establishments. Anv such person shall also be prohibited, either permanently or for such time as may be deemed appropriate, from receiving any other Stamps or Certificates, and from receiving any material which now or in the future may be subject to rationing or allocation, and from in anv manner delivering or dealing in anv such material. (Z>) Any person may be prohibited, either permanently or for such time as may be deemed appropriate* from delivering or agreeing to deliver any material which now or in the future may be subject to 23 rationing or reallocation to any person who violates Rationing Order No. 8, except material for the personal use of such person. (o) Sugar transferred in violation of Rationing Order No. 8 shall be subject to requisition and reallocation and distribution by the appropriate Officers or Agents of the United States. EFFECTIVE DATE 1407.221 Effective date of Rationing Order No. 8.—Rationing Order No. 8 (Sections 1407.1 to 1407.248, inclusive) shall become effective April 20,1942. 24 SCHEDULES 1407.241 Schedule A: Tables of sugar allowance per unit of product for determination of provisional allowance Table I.—Canned vegetables Product Size of unit Maximum sugar allowance per unit in pounds Beets Carrots Carrots and peas Corn—cream Corn—whole kernel Corn—vacuum pack Peas Succotash All other vegetables 24/2’s 24/2’s 24/2’s 24/2’s 24/2’s 24/12 oz_. 24/2’s 24/2’s 0. 32 . 16 . 40 1. 25 . 80 . 50 . 60 1. 10 No sugar Table II.—dawned fruits and fruit juices Product Size of unit Maximum sugar allowance per unit in pounds Each fruit Each fruit juice 24/2M’s Gallon. _ 90 percent of average quantity of sugar used per unit of all grades (converted into 24/2^’s) during 1941. 90 percent of average quantity of sugar used per unit of all grades during 1941. Table III.—Conversion factors for case equivalents for use in Tables I and II of this Schedule Size of case Conversion factors to case of 24/2’s Conversion factors to case of 24/2^’s Case of 48 No. 1 tall 1. 63 . 74 . 72 . 82 1 12 . 51 Case of 24 No. 300 Case of 24 No. 12 oz. vacuum Case of 24 No. 303 . 57 . 69 Case of 24 No. 2 Case of 24 No. 2^ Case of 6 No. 10 1. 45 L 33 (25) Table IV.—Frozen fruit Product Unit (quantity of fruit) Quantity of sugar allowed in pounds per unit of fruit Packed in containers of 804b. weight or greater Packed in wrapped packages Apples & crabapples Apricots Cherries Citrus pulp and Citrus marmalade base. Loganberries * Nectarines Peaches Plums, all types Raspberries Raspberry puree Rhubarb Strawberries All other fruits 5 pounds 8 pounds 4 pounds 5 pounds 4 pounds 8 pounds 8 pounds 4 pounds 4 pounds 4 pounds 6 pounds 6 pounds 1 1 1 1 none 1 1 1 1 1 1 2 none none 1 1 none 1 1 1 1 1 none none none Table V.—Canned or cured meats, fish, and poultry regardless of how packaged Product Size of unit Quantity of sugar allowed, in pounds, per unit of product Pork Products, dry-cured Pork Products, sweet-pickled. Beef, dried and corned, and beef tongues. Canned luncheon meats and canned spiced ham. Dry sausage . Fresh sausage and baked loaves. Lamb tongue and lunch tongue. Each type of pickled or cured fish, shellfish, or poultry product. 100 pounds (unprocessed)— 100 pounds (unprocessed) 100 pounds (unprocessed)— 100 pounds (unprocessed)... 100 pounds (unprocessed) 100 pounds (unprocessed)— 100 pounds (unprocessed)... 100 pounds (unprocessed)... 1.80. 1.00. 1.00. 1.00. 0.75. 0.50. 0.75. 70 percent of amount used per unit of same product during 1041. (26) Table VI.—Bee feeding In order to determine the number of pounds of sugar to be allowed for any period for feeding bees multiply the number of colonies of bees to be fed during the calendar year by 10 and multiply the product by the quotient obtained after dividing the number of weeks during which the bees are fed within the period for which the application is made by the total number of weeks such bees are fed during the full calendar year. For example, assuming a registering unit feeds 50 colonies sugar during the calendar year and that the bees are fed during 5 weeks of the year, 2 of which are in the period for which the application is made, the provisional allowance will be determined as follows: 50X10X^=200 1407.242 Schedule B: Monthly allotment percentage for institutional and industrial users Percentage Use of sugar base (a) Meals or food services - 50 (6) Bread 70 (cj Other bakery products 70 (d) Cereal products, batters, mixes 70 (e) Confeciionery, candy, chocolate, chewing gum, cocoa 70 (/) Ice cream ices, sherbets, frozen custards 70 (0) Other dairy products, condensed milk, cheese, etc 70 (a) Preserves, jams, jellies, fruit butters. _ 70 (/) Production of bottled beverages, flavoring extracts, and syrups 70 (k) Specialties: Desserts, puddings, drink mixes, pickles. table syrups, mince meat, catsup, chile sauce, salad dressing, soups, tomato sauces 70 (m) Nonfood products, drugs and medicines, soaps, tobacco, insecticides, adhesives, leather 70 (n) Other 70 1407.243 Schedule C: Designation of ration periods and weight value of stamps valid therein Ration period Stamp valid during ration period Weight value of stamp No. 1 (May 5 to May 16, 1942). Stamp No. 1 1 pound. No. 2 (May 17 to May 30, 1942). No. 8 (May 81 to June 13, 1942). No. 4 (June 14 to June 27, 1942). Stamp No. 2. 1 pound. Stamp No. 3. 1 pound. Stamp No. 4_ 1 pound. Issued this 21st day of April 1942. Leon Henderson, Administrator. U. S. GOVERNMENT PRINTING OFFICE: 1942 27