(b) "Manufacturer" means a person who physically processes peanuts into peanut butter.

(c) "Primary distributor" means a distributor other than a wholesaler, wagon wholesaler, or retailer who purchases peanut butter directly from a manufacturer and who customarily receives shipment from the manufacturer of at least 50 percent of his purchases in carload lots delivered to a warehouse or other receiving station not owned or controlled by any of his customers, and who resells such peanut butter in less than carload lots for civilian home consumption within the continental United States.

(d) "Wholesaler" means a person who buys peanut butter from manufacturers for resale to retailers for civilian home consumption within the continental United States.

(e) "Retailer" means a person who buys peanut butter from a manufacturer or wholesaler for resale to consumers for civilian home consumption within the continental United States.

(f) "Consumer" means a person who buys peanut butter for civilian home consumption in the continental United States, as distinguished from use by industrial, institutional, commercial or governmental agencies.

(g) "Applicant" means a manufacturer who files an application for payment pursuant to this offer.

(h) "Claim" means a claim for payment filed pursuant to this offer.

244.2 Persons eligible to apply for payment. Any manufacturer who, during November 1943, or any subsequent calendar month, ships 500 pounds or more of eligible peanut butter may file with Commodity an application for payment hereunder with respect to the eligible peanut butter shipped during such month.

§ 244.3 Eligible peanut butter. (a) Eligible peanut butter shall (except as provided in (b) hereof) consist of:

(1) Peanut butter manufactured by the applicant which, on or after the effective date of this offer, is shipped in containers of 2-pound size or smaller by the applicant to primary distributors, wholesalers, or retailers for ultimate resale to consumers, and the price of which to such primary distributors, wholesalers, or retailers does not exceed the maximum prices established by Rev. MPR

335, as amended on October 29, 1943 (8 F.R. 6834, 14582); and

(2) Peanut butter manufactured by the applicant which, on or after the effective date of this offer, is shipped in containers of 2-pound size or smaller by the applicant from his manufacturing plant or branch warehouse(s) to his retail stores for resale to consumers at not more than the maximum prices established by Rev. MPR 335, as amended on October 29, 1943.

(b) Notwithstanding any other provision hereof, there shall be deducted from the quantity of peanut butter which would otherwise qualify as eligible peanut butter hereunder, the quantity of peanut butter which was shipped by the manufacturer, prior to the effective date of this offer, to a primary distributor, wholesaler, or retailer, or to the manufacturer's retail stores, and which, at any time while this offer remains in effect or within the 30-day period preceding the effective date of this offer, was shipped by such primary distributor, wholesaler, or retailer to the manufacturer or was shipped by the manufacturer to his manufacturing plant(s) or branch warehouse (s) from his retail stores.

NOTE: The following interpretation was issued by the President, Commodity Credit Corporation, Dec. 13, 1943, 8 F.R. 16923:

1. In respect of peanut butter shipped by an applicant under the conditions specified in § 244.3 (a) (1) of the offer to primary distributors, wholesalers, or retailers, it is required: (a) That the applicant have no knowledge that, or reason to believe that, any such primary distributor, wholesaler or retailer intends to resell such peanut butter or any part thereof to consumers outside the continental United States or to commercial, industrial or institutional users or governmental agencies; and (b) that the applicant give written notice, on the invoice or otherwise, to such primary distributor, wholesaler or retailer with respect to such applicable restrictions upon the resale of the peanut butter thus shipped. An applicant who has complied with the offer as thus interpreted shall not be deemed to have made any representation to Commodity with respect to, or have assumed any responsibility for, any subsequent resale of such peanut butter.

2. In respect of peanut butter shipped by the applicant to its retail stores under the conditions specified in § 244.3 (a) (2) of the offer, it is required that the applicant restrict its sales of such peanut butter to persons other than: (a) Commercial, industrial and institutional users; (b) governmental agencies; and (c) consumers outside of the continental United States. In the event any

peanut butter which has been reported to Commodity as having been shipped under the conditions specified in said § 244.3 (a) (2) and in respect of which payment is or has been made by Commodity pursuant to the offer shall subsequently be sold by the applicant in violation of such restrictions upon sale, the quantity of peanut butter thus sold in violation of such restrictions shall be deducted from the quantity of eligible peanut butter reported to Commodity in the applicant's next application for payment under the offer or, in the alternative, applicant shall remit to Commodity forthwith the amount of the payment theretofore received with respect to the quantity of peanut butter thus sold in violation of such applicable restrictions.

§ 244.4 Refunds. The applicant shall refund to Commodity payments made to him with respect to eligible peanut butter which, after shipment, was rejected or returned to the applicant.

§ 244.5 Rate of payment. The rate of the payment hereunder shall be 42 cents per pound of eligible peanut butter.

§ 244.6 Basis of payment. Payments hereunder will be made on the quantity of eligible peanut butter to the nearest whole pound.

§ 244.7 Applications for payment(a) Time of filing. Applications for payment with respect to eligible peanut butter shipped by a manufacturer during any month shall be filed on or before the last day of the succeeding calendar month.

(b) One application per month. All eligible peanut butter shipped during any month shall be covered by a single application for payment.

(c) Adjustment for returns or rejections. To facilitate the refund to Commodity of payments made with respect to eligible peanut butter which, after shipment, was rejected or returned to the applicant, there shall be deducted from the quantity of eligible peanut butter covered by any monthly application for payment the quantity of peanut butter which was rejected or returned to the applicant during such month.

(d) Form of application. All applications for payment shall be filed in triplicate on forms prescribed by Commodity.'

1 CCC Peanut Butter Form 2 filed with the Division of the Federal Register. Copies may be obtained from Commodity Credit Corporation.

(e) Place of filing of applications. Applications for payment hereunder shall be filled with the Commodity Credit Corporation at its nearest Regional Office at 333 St. Charles Street, New Orleans, Louisiana, 304 Artisans Building, 225 S. W. Broadway, Portland, Oregon, 208 South La Salle Street, Chicago, Illinois, or 60 Beaver Street, Cotton Exchange Building, New York, New York. After filing one application hereunder, all subsequent applications shall be filed by the applicant at the same regional office.

(f) Persons to whom payments are to be made. Payments will be made only to the persons who file applications with Commodity. No claim hereunder shali be assignable except as a part of a bona fide transfer of the applicant's business to a legal successor.

(g) Terms of payment. Payments shall be made monthly upon approval of the application filed hereunder. Approval and payment of any application shall not constitute final acceptance of the validity or amount of the claim represented thereby. On a finding that a claim. is invalid, defective or incorrectly computed Commodity shall have the right to require restitution of any payment made hereunder or any part thereof or shall remit to or credit the applicant with the amount of any additional sum found to be due to the applicant. Any sums found to be due to Commodity shall be deductible from any accrued or subsequent claim for payment made by the applicant hereunder.

(h) Right to declare claims invalid. Commodity shall have the right to declare invalid in whole or in part any claim for payment where the claim or application for payment is not in accordance with this offer or where the eligible peanut butter covered by such claim or application was manufactured, sold or delivered in violation of any order or regulation of the Office of Price Administration or the War Food Administration.

§ 244.8 Books, records and reports. Every applicant shall keep complete and accurate books, records and accounts with respect to all peanut butter manufactured by him and shipped by him subsequent to the effective date of this offer and shall furnish Commodity such information and shall make such reports as

Commodity may from time to time request. At any time during the continuance of this offer or within two years after the date of filing of any application hereunder Commodity or its authorized representatives may audit or inspect the books, records and accounts of the applicant relating to applications filed with Commodity hereunder.

§ 244.9 Instructions and interpretations. Commodity shall have the right to supplement or clarify any provisions of this offer or alter any procedure prescribed herein at any time by the issuance of instructions or interpretations in connection herewith.

§ 244.10 Termination. Commodity reserves the right to amend or terminate this offer at any time upon public notice. Issuance by Commodity or the War Food Administration of a press release or the filing of the amendment or notice of termination with the FEDERAL REGISTER shall constitute sufficient notice of any amendment or termination of this offer by Commodity. The amendment or termination of this offer by Commodity shall not affect Commodity's obligations hereunder with respect to eligible peanut butter shipped prior to the effective date of such amendment or termination.

INSTRUCTIONS TO MANUFACTURERS OF PEANUT BUTTER RELATING TO FILING CLAIMS FOR PEANUT BUTTER DISTRIBUTION PAYMENTS UNDER OFFER OF COMMODITY CREDIT CORPORATION (1943 CCC PEANUT BUTTER FORM 2)

The following instructions are issued in order to obtain uniformity in the filing of claims and to expedite payments to manufacturers of peanut butter under the offer of Commodity Credit Corporation (1943 CCC Peanut Butter Form 1).

1. All claims must be filed in triplicate on 1943 CCC Peanut Butter Form 2. Manufacturers should have printed or mimeographed necessary supplies of this form. Care should be taken to see that the form is identical in all respects with the copy of 1943 CCC Peanut Butter Form 2 attached to the offer.

2. Manufacturers operating two or more plants may either file one claim for all plants or a separate claim for each plant. After filing one application, all subsequent applications must include the same plants.

3. Applications shall be filed with the Regional Office of Commodity Credit Corportion serving the State in which the applicant is located as shown below:

Regional Office and States Served New York, N. Y.: Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and North Carolina.

Chicago, Ill.: Ohio, Kentucky, Indiana, Illinois, Minnesota, Michigan, Wisconsin, Iowa, Missouri, Kansas, Nebraska, South Dakota, North Dakota, and Colorado. New Orleans, La.: South Carolina, Georgia, Florida, Alabama, Tennessee, Mississippi, Louisiana, Arkansas, Oklahoma, Texas, New Mexico, and Arizona.

Portland, Oreg.: Montana, Wyoming, Utah, Nevada, Idaho, California, Oregon, and Washington.

4. Particular attention is directed to section 3 (b) of the offer. In reporting the quantity of eligible peanut butter shipped during the month in 1 (a) of the table included in the application, the quantity used should be the net amount after deducting from shipments the amount of peanut butter returned as required in section 3 (b) of the offer. [Oct. 29, 1943, 8 F.R. 15683]

PART 245-1943 IRISH POTATO
LOANS [ADDED]

245.9

Potatoes eligible for loans.

Preparation and execution of loan documents.

Storage.

Release of potatoes.

245.10 Supplemental loans to dealers.

AUTHORITY: §§ 245.1 to 245.10, inclusive, issued under 52 Stat. 43, 820, 7 U.S.C. 1302; 55 Stat. 498, 15 U.S.C., Sup., 713; 56 Stat. 768, 50 U.S.C. App., Sup., 969.

SOURCE: §§ 245.1 to 245.10, inclusive, contained in 1943 C.C.C. Potato Form 1, as amended, President, Commodity Credit Corporation, Sept. 15, 1943, 8 F.R. 16493.

§ 245.1 To whom loans may be made. Loans will be made to producers, cooperative associations of producers, and established potato dealers, in the States of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey. Pennsylvania, Ohio, Illinois, Indiana, Michigan, Wisconsin, Minnesota, Iowa, North Dakota, South Dakota, Nebraska, West Virginia, Montana, Idaho, Wyoming, Colorado, Utah, Nevada, Washington, Oregon, California, and any other States where the making of such loans is approved by the State agricultural conservation committee.