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(2) The producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above. [S.D., Administrator, June 6, 1944, 9 F.R. 6145]

$ 802.249 Fair and reasonable wage rates for persons employed in the harvesting of sugarcane in Louisiana during the period September 1, 1944 to June 30, 1945. The requirements of section 301 (b) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to the harvesting of sugarcane in Louisiana during the period from September 1, 1944, to June 30, 1945, if all persons employed on the farm during that period in the harvesting of sugarcane shall have been paid in full for all such work and shall have been paid wages in cash therefor at rates not less than the. following.

(a) Time rates for adult males and adult females.

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(6) The piece rate for a particular operation calculated on a basis other than prescribed under subparagraphs (1) or (2) of this paragraph (c) shall be such as to pro vide earnings per day, or per hour, of not less than the per day or per hour rates specified under paragraphs (a) or (b) above, whichever is applicable: Provided, however, That minimum earnings per hour or per day shall not apply to prisoners of war but they shall be paid at the same piece rate as other laborers.

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(1) Cutting, topping, stripping:

(i) Adult males.

(ii) Adult females (2) Loading... (3) Cutting and loading. (4) Tractor drivers and truck

drivers. (5) Teamsters. (6) Hoist operators. (7) Any other harvesting, opera

tions not connected with me chanical loading or mechanical harvesting: (i) Adult males.

(ii) Aduit females. Operations connected with me

chanical loading or mechanical harvesting: (8) Operators of mechanical load

ing or harvesting equipment... (9) Grabmen, spotters ropemen. (10) Pilers. (11) Scrappers (12) Other operations connected

with mechanical loading or mechanical harvesting...

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(d) General provisions. (1) Nothing in this section shall be construed to mean that a producer may qualify for a payment under the act who has not paid in full the amount agreed upon between the producer and laborer;

(2) The producer shall furnish to the laborer without charge the customary perquisites, such as a habitable house, medical attention, and other customary incidentals;

(3) The producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined herein. (S.D., Administrator, Aug. 29, 1944, 9 F.R. 10615]

§ 802.24r Fair and reasonable wage rates for persons employed in the harvesting of sugarcane in Florida during the period September 1, 1944 to June 30, 1945. The requirements of section 301 (b) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to the harvesting of sugarcane in Florida during the period from September 1, 1944, to June 30, 1945, if all persons employed on the farm during that period in the harvesting of sugarcane shall have been paid in full for all such work and shall have been paid wages in cash therefor at rates as agreed upon between the producer and the laborer, but not less than the following:

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(b) Time rates for harvesting operations performed by children. (1) For children between the ages of 14 and 16 years, the rate per day of 8 hours (maximum hours per day for such children) shall be not less than three-fourths of the rates established under paragraph (a) for adult male workers for a 9-hour day. For a working day shorter than 8 hours, the rate shall be in proportion.

(a) On a time basis. All work except as otherwise

Rate per specified:

hour (cents) Adult males

30.0 Adult females.

25.0 Tractor drivers and operators of me

chanical harvesting or loading equipment..

37.5 Children between 14 and 16 years

(maximum employment per day is 8 hours).

25.0 (b) On a piece rate basis. Adult males, adult females, and children between 14 and 16 years of age (maximum employment of such children is 8 hours per day).

(1) Type of cane:

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production of sugarcane to be marketed (or processed by the producer) for the extraction of sugar or liquid sugar during the 1944 crop season.

(b) Tenant and sharecropper protection. Notwithstanding the establishment of a proportionate share for any farm under paragraph (a) above, eligibility for payment of any producer on the farm shall be subject to the following conditions:

(1) That such producer shall not have entered into any leasing or cropping agreement for the purpose of diverting to himself or other producers any payment to which tenants or sharecroppers would be entitled if their 1943 leasing or cropping agreements were in effect.

(2) That such producer shall not have interfered with any contracts entered into by tenants or sharecroppers for the sale of their sugarcane or their share of the sugarcane produced on the farm. [S.D., Administrator,

Jan. 22, 1944, 9 F.R. 869]

§ 802.26g Proportionate shares for the mainland cane sugar area for the 1945 crop-(a) Farm proportionate share. The proportionate share for the 1945 crop for each sugarcane farm in the mainland cane sugar area shall be the number of acres planted thereon for the production of sugarcane to be marketed (or processed by the producer) for the extraction of sugar or liquid sugar during the 1945 crop season.

(b) Tenant and sharecropper protection. Notwithstanding the establishment of a proportionate share for any farm under paragraph (a) above, eligibility for payment of any producer on the farm shall be subject to the following conditions:

(1) That such producer shall not have entered into any leasing or cropping agreement for the purpose of diverting to himself or other producers any payment to which tenants or sharecroppers would be entitled if their 1944 leasing or cropping agreements were in effect.

(2) That such producer shall not have interfered with any contracts entered into by tenants or sharecroppers for the sale of their sugarcane or their share of the sugarcane produced on the farm. [S.D., Administrator, Aug. 3, 1944, 9 F.R. 9523]

(2) Piece rates for a particular harvesting operation calculated on a basis other than prescribed in (1) above shall be such as to provide earnings per hour of not less than the applicable hourly rate specified in paragraph (a) above: Provided, however, That minimum earnings per hour shall not apply to prisoners of war but they shall be paid at the same piece rate as other laborers.

(c) General provisions. (1) That the producer shall furnish to the laborer without charge the customary perquisites, such as a habitable house, a suitable garden plot with facilities for its cultivation, pasturage for livestock, medical attention, and similar incidentals;

(2) That the producer shall not, through any subterfuge or device whatsoever, reduce he wage rates to laborers below those determined above. (S. D., Administrator, Oct. 27, 1944, 9 F.R. 12947]

$ 802.26f Proportionate shares for the mainland cane sugar area for the 1944 crop-(a) Farm proportionate share. The proportionate share for the 1944 crop for each sugarcane farm in the mainland cane sugar area shall be the number of acres planted thereon for the

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DETERMINATIONS WITH RESPECT TO

HAWAIIAN SUGARCANE § 802.33f Farming practices in connection with the production of the 1944 crop of sugarcane in the Territory of Hawaii-(a) Application of fertilizer. The requirements of section 301 (e) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to a farm in the Territory of Hawaii if fertilizer is applied as follows:

(1) Amount. There shall be applied to land on which sugarcane is growing during 1944 suficient chemical fertilizer to provide an average quantity of plant food per acre fertilized equal to not less than 100 pounds.

(2) Acreage requirement. The number of acres on which fertilizer is applied in 1944 shall be not less than 80 percent of the number of acres on the farm on which sugarcane is planted, or a ratoon crop of sugarcane is started, at any time during 1944.

(b) Definitions. “Chemical fertilizer” means commercial chemical fertilizer of which not less than 15 percent of the gross weight consists of plant food. "Plant food" means the aggregate amount of nitrogen, available phosphoric acid and water-soluble potash. Administrator, Jan. 20, 1944, 9 F.R. 825]

$ 802.34g Fair and reasonable wage rates for persons employed in the production, cultivation, or harvesting of sugarcane in Hawaii during the calendar year 1944. The requirements of section 301 (b) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to the production, cultivation, or harvesting of sugarcane in Hawaii during the calendar year 1944, if all persons employed on the farm during that period in the production, cultivation, or harvesting of sugarcane shall have been paid in full for all such work and shall have been paid wages in cash therefor at rates not less than the rates established for the period July 1, 1943 to December 31, 1943, in $ 802.34f, except that the annual average wage per farm for all harvesting and non-harvesting operations combined, after payment of wage increases under $ 802.34f (b) (6), shall not be less than $2.40 per eighthour man-day.

In addition, the general provisions of $ 802.34f (d) shall apply for the calendar year 1944. [S.D., Administrator, Jan. 21, 1944, 9 F.R. 869)

$ 802.35 Normal yield of commercially recoverable sugar per acre and eligibility for payment with respect to abandonment and crop deficiency for sugarcane farms in the Territory of Hawaii-(a) Normal yield calculation. The normal yield of commercially recoverable sugar per acre for any farm in Hawaii on which sugarcane was grown and marketed (or processed by the producer) for the extraction of sugar during all three of the 1939, 1940, and 1941 crop years, shall be the product of:

(1) The simple average, for such crop years, of the number of hundredweights of sugar, raw value, recovered per short ton of sugarcane processed for the extraction of sugar by the mill at which the sugarcane from the farm was ground, and

(2) The simple average, for such crop years, of the number of short tons of sugarcane per acre harvested on the farm for the extraction of sugar.

The normal yield of commercially recoverable sugar per acre for any farm on which sugarcane was not grown and marketed (or processed by the producer) for the extraction of sugar during all three of the 1939, 1940, and 1941 crop years, shall be the simple average of the normal yields, computed in accordance with the foregoing provisions of this paragraph, for all farms within the same local producing area, as defined herein.

(b) Eligibility for abandonment and deficiency payments. Any farm located in a local producing area, as defined herein, in which actual yields of commercially recoverable sugar from the sugarcane for farms comprising 10 percent or more of the sugarcane acreage of all farms in such local producing area, were 80 percent or less of the normal yields therefor, as determined by the oficer or acting officer in charge of the Honolulu office of the Agricultural Adjustment Agency, because of drought, flood, storm, freeze, disease or insects, shall be eligible for abandonment and deficiency payments.

A “local producing area" shall be all contiguous farms which are found by the officer or acting oficer in charge of the Honolulu office of the Agricultural Adjustment Agency to be similar with respect to types of soil or with respect to topography: Provided, however, That farms separated from other farms by any natural barrier such as mountains or large areas of land shall not be included

[S.D.,

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DETERMINATIONS WITH RESPECT TO PUERTO

RICAN SUGARCANE

within the same local producing area. (S.D., Administrator, Mar. 27, 1944, 9 F.R. 33791

$ 802.36g Proportionate shares for sugarcane farms in the Territory of Hawaii for the 1944 crop-(a) Farm proportionate share. The proportionate share for each farm in the Territory of Hawaii for the 1944 crop shall be the amount of sugar, raw value, commercially recoverable from sugarcane grown on such farm and marketed (or processed by the producer) for the extraction of sugar during the calendar year 1944.

(b) Adherent planter protection. The provisions of this section shall be subject to the following conditions:

(1) That no changes in the planterplantation sugarcane and sugar production relationship shall have been made, and

(2) That no reduction in the number of planters shall have been made under programs carried out pursuant to the act, except such as are considered justified and are approved by the Chief of the Sugar Branch, Food Distribution Administration, and the Chief of the Agricultural Adjustment Agency, acting either jointly or severally. [S.D., Administrator, Jan. 22, 1944, 9 F.R. 870).

$ 802.36h Proportionate shares for sugarcane farms in the Territory of Hawaii for the 1945 crop_(a) Farm proportionate share. The proportionate share for each farm in the Territory of Hawaii for the 1945 crop shall be the amount of sugar, raw value, commercially recoverable from sugarcane grown on such farm and marketed (or processed by the producer) for the extraction of sugar during the calendar year 1945.

(b) Adherent planter protection. The provisions of this section shall be subject to the following conditions:

(1) That no changes in the planterplantation sugarcane and sugar production relationship shall have been made, and

(2) That no reduction in the number of planters shall have been made under programs carried out pursuant to the act, except such as are considered justified and are approved by the Chief of the Sugar Branch, Office of Distribution, and the Chief of the Agricultural Adjustment Agency, acting either jointly or severally. (S.D., Administrator, Aug. 3, 1944, 9 F.R. 9523]

$ 802.40 Definition of a farm in Puerto Rico. A farm in Puerto Rico means all land which is farmed by a producer, or group of producers, as a single farming unit with cropping practices, work stock, equipment, labor, and management substantially separate from that of any other such unit: Provided, however, That where tracts of land are operated as cooperative enterprises for the benefit of producers and laborers thereon pursuant to specific provisions of law with regard thereto, the parcels of such tracts which are separate administrative units for purposes of distributing the benefits of the cooperative enterprise, as determined by the Officer or Acting Officer in Charge of the San Juan Office of the Agricultural Adjustment Agency, shall be deemed to be separate farming units. [S.D., Administrator, Jan. 1, 1944, 9 F.R. 51)

$ 802.41f Sugar commercially recoverabl: from sugarcane in Puerto Rico. The amount of sugar commercially recoverable from the sugarcane grown on a farm in Puerto Rico and marketed (or processed by the producer) for the extraction of sugar shall be obtained by multiplying the number of short tons of such sugarcane by the number of hundredweights of sugar raw value commercially recoverable per ton of such sugarcane computed in accordance with the applicable provisions of the determination of fair and reasonable prices for the 1943-44 crop of Puerto Rican sugarcane pursuant to the Sugar Act of 1937, as amended, and the quantity of 96° sugar thereby obtained shall be converted to raw value basis in accordance with the provisions of Title I of the Sugar Act of 1937, as amended. (S.D., Administrator, Apr. 11, 1944, 9 F.R. 3927]

$ 802.42f Fair and reasonable prices for the 1943–1944 crop of Puerto Rican sugarcane. Processors who, as producers, apply for payment under the Sugar Act of 1937, as amended, shall be deemed to have complied with the provisions of section 301 (d) of said act, if the requirements specified below have been met:

(a) When payment for sugarcane delivered to a producer-processor is made by actual delivery of sugar to the producer (colono) on the basis of a stated percentage of 96° raw sugar recoverable from the producer's sugarcane, such percentage shall be not less than 63, in the case of sugarcane yielding less than 12 percent of sugar, or not less than 65, in the case of sugarcane yielding 12 percent or more of sugar, of the recoverable sugar (packed in the customary bags) determined in accordance with the formula given below, and such recoverable sugar shall be calculated fortnightly or monthly, as may be agreed upon between the producer and the producerprocessor:

!

R=(S-0.3B) F where: R=Recoverable sugar yield, 96° polarization. S=Polarization of the crusher juice obtained

from the sugarcane of each producer. B="Brix” of the crusher juice obtained from

the sugarcane of each producer. F=Factor obtained from the fraction whose

numerator is the average yield of sugar 96° polarization obtained from the aggregate grinding during each fortnight or month in which the cane of the producer is ground, and whose denominator is the average polarization of the crusher juice minus three-tenths of the Brix of the crusher juice, both components of the denominator being obtained from the aggregate grinding during the fortnight or month in which the cane of the producer has

been ground: Provided, however, That in the event a mill has been using the formula set forth below to calculate the sugar recoverable from the cane ground during the 1943– 1944 crop year, such formula may be used to determine the recoverable sugar from the 1943-1944 crop of sugarcane:

R=FS where: R=Recoverable sugar, 96° polarization. S-- Polarization of the crusher juice obtained

from the sugarcane of each producer,

during each fortnight or month. F=Fraction whose numerator is the average

yield of sugar of 96° polarization obtained from the aggregate grinding during each fortnight or month in which the

of the producer (colono) has been ground, and whose denominator is the average polarization of the crusher juice obtained from the aggregate grinding during the fortnight or month in which the cane of the producer

(colono)

has

been ground: Provided, further, That when, through the delivery of unripe or burnt cane, or through any other cause, the recoverable sugar determined in accordance with the aioresaid provisions amounts to nine pounds or less per 100 pounds of cane,

or when sugarcane is delivered of the Japanese, Uba, Coimbatore, or other varieties of the Saccharum Spontaneum or Saccharum Sinense type, the payment shall be on the basis of rates not less than those provided in the 1942-43 cane grinding agreement between the producer-processor and the producer.

(b) When payment for sugarcane delivered to a producer-processor is made by actual delivery of sugar to the producer on the basis of an amount of 96° raw sugar equal to a stated percentage of the weight of the sugarcane received from the producer (commonly referred to as the “flat rate” basis), the applicable percentage for the computation of the quantity of sugar deliverable to the producer shall be not less than the product of the average number of pounds of sugar, 96° basis, recovered per 100 pounds of sugarcane during the current crop, month, or week (as may be agreed upon) at the mill where the sugarcane was ground and .63, in the case of sugarcane yielding less than 12 percent of sugar, or .65, in the case of sugarcane yielding 12 percent or more of sugar. The figure for the average number of pounds of sugar, 96° basis, recovered per 100 pounds of sugarcane shall be rounded to the nearest one-tenth of a pound. The product of such figure and .63 or .65 whichever is applicable, shall be rounded to the nearest one-hundredth of 1 percent. If payment is to be determined from the sugar recovery for the entire crop, as aforesaid, provisional liquidation shall be made fortnightly or monthly on such bases as may be agreed upon between the producer (colono) and the producer-processor.

(c) When settlement is made in cash, the money value of the sugar which would otherwise be delivered to the producer, as in (a) or (b) above (whichever is applicable), shall be determined on the basis of the average duty paid price for 96° sugar for the fortnight or month (or such other period as may be agreed upon between the producer and the producerprocessor) during which the sugarcane is delivered to the producer-processor, converted to the equivalent f. o. b. mill price by deducting selling and delivery expenses actually incurred by the producer-processor: Provided, however, That the producer-processor shall adjust (or agree to adjust) the f. o. b. mill price, determined in the aforesaid manner, to give recognition to any reimbursement of

cane

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