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. 8701

§ 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]

DETERMINATIONS WITH RESPECT TO PUERTO RICAN SUGARCANE

§ 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

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 19431944 crop year, such formula may be used to determine the recoverable sugar from the 1943-1944 crop of sugarcane:

where:

R=FS

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 cane 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 aforesaid 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 (cólono) 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

selling and delivery expense made to the producer-processor by any government agency: And provided, further, That the producer-processor shall submit in duplicate to the San Juan office of the Agricultural Adjustment Agency a statement verified by a certified public accountant of the actual deductions incurred in determining the f. o. b. mill price.

(d) When payment is made by delivery of sugar, as in paragraph (a) or (b) of this section, the producer-processor shall (1) store and insure (or agree to store and insure) all such sugar until the end of the calendar year free of charge to the grower (except that the grower shall bear a proportionate share of any charges arising out of the necessity of utilizing outside storage facilities) and (2) share (or agree to share) with the producer, on a pro rata basis, all ocean shipping facilities available to the producer-processor.

(e) In addition to the foregoing, the following requirements shall be met:

(1) The producer-processor shall pay to the grower a molassès bonus per ton of cane received, such bonus per ton of sugarcane to be the equivalent of (i) one-half of the net proceeds per gallon of blackstrap molasses of the 1943-44 crop in excess of 4¢ per gallon multiplied by (ii) the average production of blackstrap molasses per ton of sugarcane of the 1943-44 crop.

(2) When sugarcane is delivered to a producer-processor in the name of a person other than the producer thereof (commonly referred to as "purchasing agent"), the producer-processor shall make payment to the producer of such sugarcane in accordance with the provisions of this section.

(3) The producer-processor shall not, through any subterfuge or device whatsoever, reduce the returns from the 19431944 crop to Puerto Rican sugarcane to the producer below those determined above. [S.D., Administrator, Mar. 27, 1944, 9 F.R. 3380]

§ 802.43g Farming practices to be carried out in connection with the production of sugarcane during the crop year 1944-45. The requirements of section 301 (e) of the Sugar Act of 1937, as amended, shall be deemed to have been met with respect to any farm in Puerto Rico if the farming practices specified herein are carried out on the farm dur

ing the period January 1, 1944, to April 30, 1945:

(a) Farms containing more than 400 acres of sugarcane. For farms on which more than 400 acres of sugarcane are growing at any time during 1944:

(1) The application to land on which sugarcane is planted during 1944 of sufficient chemical fertilizer to provide an average quantity of plant food of not less than 75 pounds per acre fertilized.

(2) The application to land on which a ratoon crop of sugarcane is started during 1944 of sufficient chemical fertilizer to provide an average quantity of plant food of not less than 50 pounds per acre fertilized.

(b) Farms containing more than 100, but not more than 400, acres of sugarcane. For farms on which more than 100, but not more than 400, acres of sugarcane are growing at any time during 1944:

(1) The application to land on which sugarcane is planted during 1944 of chemical fertilizer in an amount averaging not less than 200 pounds per acre fertilized.

(2) The application to land on which a ratoon crop of sugarcane is started during 1944 of chemical fertilizer in an amount averaging not less than 130 pounds per acre fertilized.

(c) Farms containing 100 acres or less of sugarcane. For farms on which not more than 100 acres of sugarcane are growing at any time during 1944:

(1) The application to land on which sugarcane is planted during 1944 of chemical fertilizer in an amount averaging not less than 125 pounds per acre fertilized.

(2) The application to land on which a ratoon crop of sugarcane is started during 1944 of chemical fertilizer in an amount averaging not less than 80 pounds per acre fertilizer.

(3) In lieu of the provisions of subparagraphs (1) and (2) of this paragraph the application during the 1944 harvest season to the land from which sugarcane is harvested of the tops and trash cut from such sugarcane.

(d) Minimum acreage requirements for the application of fertilizer. In every case in which the application of fertilizer is required as aforesaid, the number of acres on which fertilizer is to be applied prior to April 30, 1945, shall

not be less than 100 percent of the number of acres on which sugarcane is planted during 1944, and not less than 80 percent of the number of acres on which a ratoon crop of sugarcane is started during 1944.

(e) Standards of performance. The foregoing practices shall be carried out on the farm in accordance with farming methods commonly used in the community in which the farm is located.

(f) 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. [S.D!, Administrator, May 25, 1944, 9 F.R. 5711]

§ 802.44f Fair and reasonable wage rates for persons employed in the production, cultivation, or harvesting of sugarcane in Puerto Rico 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 Puerto Rico 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 following:

(a) Day rates. The day rate for the first eight hours of work performed in any 24-hour period (except for ditch diggers, ditch cleaners, or field flooders in class E, when the applicable day rate shall be for the first 7 hours of work performed in any 24-hour period) shall be as follows:

1 Interior farms shall be deemed to be those farms the sugarcane from which is marketed (or processed) at mills located in the mountain sections and whose 1938 production did not exceed 3,000 short tons of sugar, raw value.

2 Field flooders shall be deemed to be workers who set up or remove banks in drainage ditches when used for flooding cane fields.

(b) Hourly rates. Persons working less than 8 hours (or 7 hours under Class E) in any 24-hour period shall be paid the hourly equivalent of the day rates provided in paragraph (a).

(c) Overtime. Persons employed for more than 8 hours (or 7 hours under Class E) in any 24-hour period shall be paid for the overtime at a rate double the hourly equivalent of the day rates provided in paragraph (a).

(d) Piece rates. If work is performed on a piece rate basis the earnings per day or per hour shall be not less than those specified under paragraph (a), (b), or (c) above, whichever is applicable.

(e) Wage increases. For each fortnight of the period covered by this determination the wage rates shall be increased in accordance with the applicable scale set forth below, whenever the average price of raw sugar, duty paid basis, determined in accordance with the prevailing method used between processors and growers for the computation of the price of sugarcane, is more than $3.865 per hundred pounds, for any such fortnight.

Fortnightly average price of sugar

$1.50

$1.40

More than

But not more than

Increase per day over

rates prescribed un

der paragraph (a) (cents per day)

low

B. Tractor operators.

NON-HARVEST OPERATIONS

C. Cartmen in cultivation work.

E. Ditch diggers, ditch cleaners, field flooders (per 7-hour day) 2.

D. Plow steermen and operators of irrigation pumps.

See footnotes at end of table.

The above increases shall also be applied to the daily earnings of workers employed on a piece rate basis. Increases for part of a day's work on a time or piece rate basis shall be paid in proportion.

(f) General provisions. (1) If the producer and laborer agree upon a wage rate for any class of work higher than that prescribed herein, payment in full of the agreed upon rate must be made to qualify the producer for payment.

(2) The producer shall furnish to the laborer, without charge, the perquisites customarily furnished by him, such as a dwelling, garden plot, pasture lot, and medical services.

(3) The producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above. [S.D., Administrator, Jan. 24, 1944, 9 F.R. 937]

§ 802.46d Proportionate shares for sugarcane farms in Puerto Rico for the 1943-44 crop-(a) Farm proportionate share. The proportionate share for each farm in Puerto Rico for the 1943-44 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 194344 crop season. [S.D., Administrator, Jan. 22, 1944, 9 F.R. 8701

§ 802.46e Proportionate shares for sugarcane farms in Puerto Rico for the 1944-45 crop. The proportionate share for each farm in Puerto Rico. for the 1944 45 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 1944-45 crop season. [S.D., Administrator, Aug. 3, 1944, 9 F.R. 9524] DETERMINATIONS WITH RESPECT TO VIRGIN ISLANDS SUGARCANE

§ 802.50b Proportionate shares for sugarcane farms in the Virgin Islands for the 1944 crop-(a) Farm proportionate share. The proportionate share for each sugarcane farm in the Virgin Islands for the 1944 crop shall be the amount of sugar, raw value, commercially recoverable from sugarcane grown on the farm and marketed (or processed by the producer) for the extraction of sugar during the 1944 crop.

(b) Tenant and sharecropper protection. The provisions of this section are subject to the following conditions:

(1) That no change shall have been made in the leasing or cropping agreements for the purpose of, or which shall have the effect of, diverting to any producer, any payments to which tenants or sharecroppers would be entitled if the 1942-43 leasing or cropping agreements were in effect.

(2) That there shall have been no interference by any producer with contracts entered into by tenants or sharecroppers for the sale of their sugarcane.

(c) Designation of agent. The Chief, or the Acting Chief, of the Sugar Branch of the Food Distribution Administration, and the Officer in Charge of the San Juan Office of the Agricultural Adjustment Agency, or the Acting Officer in Charge thereof, are hereby designated to act, jointly or severally, as agents of the War Food Administrator in administering the provisions of this section. [S.D., Administrator, Jan. 22, 1944, 9 F.R. 8701

§ 802.50c Proportionate shares for sugarcane farms in the Virgin Islands for the 1945 crop-(a) Farm proportionate share. The proportionate share for each sugarcane farm in the Virgin Islands for the 1945 crop shall be the amount of sugar, raw value, commercially recoverable from sugarcane grown on the farm and marketed (or processed by the producer) for the extraction of sugar during the 1945 crop.

(b) Tenant and sharecropper protection. The provisions of this section are subject to the following conditions:

(1) That no change shall have been made in the leasing or cropping agreements for the purpose of, or which shall have the effect of, diverting to any producer, any payments to which tenants or sharecroppers would be entitled if the 1943-44 leasing or cropping agreements were in effect.

(2) That there shall have been no interference by any producer with contracts entered into by tenants or sharecroppers for the sale of their sugar

cane.

(c) Designation of agent. The Chief, or the Acting Chief, of the Sugar Branch of the Office of Distribution, and the Officer in Charge of the San Juan Office of the Agricultural Adjustment Agency, or the Acting Officer in Charge thereof, are hereby designated to act, jointly