activities of some or all of his customers; or that it varies seasonally because of the seasonal nature of production and distribution of the food processed or distributed. If the Order Administrator determines that any respondent is incorrectly classified, he may require such respondent to change such classification as the Order Administrator deems appropriate to accomplish the purposes of this order.

(2) A Special Product Base shall be established separately for sugar and other sweeteners and for each food or combination of foods identified in appropriate suborders issued pursuant hereto. Each such Special Product Base shall be the average weekly dollar volume of the particular food distributed by a respondent to a particular customer during a specified base period.

(3) Each General Products Base shall be the average weekly dollar volume of distribution by a respondent to a particular customer during a specified base period, except that there shall be excluded from such bases the dollar volume of (i) foods for which Special Product Bases are required; (ii) foods with respect to which a respondent is excepted from the provisions hereof by the provisions of Section 9 hereof; and (iii) nonfood products.

(4) The base periods for the purposes of establishing resupply bases shall be (i) for continuous respondents, the 8 calendar weeks last preceding the first nuclear attack upon the United States, or such earlier 8-week period as is specified by the Order Administrator; and (ii) for intermittent respondents a moving period consisting of the quarter year one year prior to the quarter in which distribution is being made or is to be made pursuant hereto.

(d) Adjustment, assignment and reassignment of resupply bases. (1) The Order Administrator may adjust any resupply base when he determines that such base is incorrect, unrepresentative, or in any manner inconsistent with the purposes of this order. Any request for such adjustment shall be treated as a Petition for Relief from Hardship pursuant to the applicable provisions of section 8 hereof.

(2) The Order Administrator may assign all or part of the resupply bases established by him pursuant to section 6(b)(2) hereof to one or more respondents, who thereafter shall treat the persons for whom they are established as their regular customers. The Order Administrator shall give notice of such an assignment to the assignee or assignees.

(3) The Order Administrator may reassign any or all resupply bases among respondents as necessary to accomplish the purposes of this order. In so doing he shall recognize to the extent practicable the historical respondent-customer relationships, and shall give notice of such a reassignment to both the initial and subsequent assignees.

SEC. 7. Regulatory provisions-(a) General. (1) No person shall process or distribute food, or contract or otherwise agree to do so, contrary to the applicable provisions of this order or of any suborder issued pursuant hereto.

(2) Suborders issued pursuant hereto and applicable within a Metropolitan Area, a County or a State shall be subject to the following limitations:

(i) Whenever an Order Administrator issues any suborders pursuant hereto, he shall provide therein as he deems necessary or advisable for supersedure, on dates specified, of any or all suborders theretofore issued by Order Administrators of lesser territorial scope within his jurisdiction:

(ii) In any event, whenever this order is terminated all suborders issued pursuant to it likewise shall terminate except as to completion of products then being processed and to deliveries already in transit pursuant thereto; and

(iii) The termination of this order or of any suborder issued pursuant to it shall not operate to relieve any respondent of liability pursuant to section 12 hereof with respect to any violation committed prior to such termination.

(b) Food processing. (1) Food processors shall use raw food, partially proeessed food and ingredients in such manner and in such minimum or maximum proportions, at such maximum rates, and for the processing of such food products, as are specified from time to time in applicable suborders issued pursuant hereto.

(2) No food processor shall process food products in excess of such maximum aggregate quantities or such maximum output rates as are specified from time to time in applicable suborders issued pursuant hereto, or process products the processing of which is prohibited by any suborder issued pursuant hereto.

(c) Fitness for human consumption. (1) Each respondent shall take all reasonable precautions to assure that food distributed by him for human consump tion is fit for such consumption, or is such that the end products processed therefrom will be fit for such consumption when processing is completed.

(2) Whenever the Order Administrator has knowledge, or receives information from any person deemed by him to be qualified, that food being processed or distributed, or offered for processing or distribution, for human consumption, is unfit for such consumption or unlikely to be fit for such consumption after processing, he shall restrict or prohibit, by suborder issued pursuant hereto, the processing or distribution of such food, or require the processing thereof into specified food products; and any such restriction, prohibition or requirement may apply to any or all foods, singly or by groups or classifications, or to any or all individual lots or shipments thereof, or may specify points or areas of origin from which any or all shipments for processing or distribution are restricted or prohibited, or may effect any combination of the foregoing, as the Order Administrator deems necessary to accomplish the purposes of this paragraph.

(d) Distribution for civilian use. (1) As a condition of obtaining food for his operations, each respondent is required hereby to supply food to customers for whom resupply bases have been established by or assigned to him pursuant to the applicable provisions of section 6 hereof and of suborders issued pursuant hereto. Such distribution by each respondent shall be substantially equitable among such customers, including assigned customers, in relation to their respective shares of the aggregate of all such resupply bases established by or assigned to such respondent, but no respondent shall be held responsible for failure to distribute as required for reasons beyond his control. If for any reason a respondent cannot supply food to a particular customer, he immediately shall notify the Order Administrator.

(2) No respondent shall distribute food to any customer at rates in excess of such percentages of aggregate and individual General Products Bases and Special Product Bases as are prescribed in applicable suborders issued from time to time pursuant hereto, except that a respondent need not break cases, boxes, bags or other customary pricing units solely to comply with such rates.

(3) Distribution for civilian use shall be on the basis of 1 week's supply: Provided, however, That the Order Administrator (i) may authorize individual respondents to distribute multiples of 1 week's supply at correspondingly longer intervals, to any or all of their customers in view of unusual circumstances; and (ii) may authorize all respondents, by suborder issued pursuant hereto, to distribute multiples of 1 week's supply, at correspondingly longer intervals, to any or all of their customers if he determines that such action will promote more orderly and efficient distribution.

(e) Set-aside for Armed Forces. (1) Any respondent who supplied one or more kinds of food to the Armed Forces of the United States during the 12 calendar months last preceding the date of the first nuclear attack upon the United States shall set aside for such Armed Forces, (i) a portion of his inventory of each such kind of food on hand on the effective date of this order; and (ii) a portion of his subsequent daily receipts or processing output of each such kind of food in accordance with the requirements of subparagraphs (2) and (3) of this paragraph: Provided, That no such set-asides shall be required with respect to any food which by its nature cannot be set aside and stored as required in this paragraph, nor shall any such set-aside be required in addition to those provided for in subparagraphs (4) and (5) of this paragraph during the period in which deliveries are being made pursuant to outstanding contracts with the Armed Forces.

(2) The quantity of each such kind of food to be set aside by a respondent shall be not less than (i) the percentage which his volume of deliveries of such food to the Armed Forces, during such 12-month period, was of his total deliveries of such food to all customers during such period; or (ii) such other percentage as may be prescribed by the Order Administrator in an applicable suborder issued pursuant hereto. The quantity of each such food to be set aside shall be determined on the basis of weight, measure, number, or dollar volume, at the option of the respondent.

(3) For purposes of subparagraphs (1) and (2) of this paragraph, there is established hereby a set-aside period during which quantities of food required to be set aside remain available for purchase, or for contracts to purchase, by the Armed Forces. The initial set-aside period shall be the 30 calendar days, or such other number of days as may be specified in a suborder issued pursuant hereto, next following the effective date of this order. The quantities required to be set aside during such initial set-aside period shall be cumulative with respect to the applicable percentage of daily receipts or processing output, in addition to the same percentage of the quantity in inventory at the beginning of such

period. Thereafter, such set-aside period shall progress or move forward, a day at a time, so that the end of a current set-aside period occurs at the close of each calendar day. Quantities required to be set aside after the initial set-aside period shall be cumulative only with respect to receipts or processing output during each set-aside period. Quantities of food set aside prior to the commencement of any such set-aside period no longer shall be required to remain set aside. (4) Any respondent who has contracted to furnish to the Armed Forces of the United States food of types or in packages not customarily sold to civilians, shall set aside the undelivered portions of such contracts for a period of 60 days after the effective date of this order or the date of processing, acquisition or packaging thereof subsequent to the effective date of this order, or such other period as may be prescribed in applicable suborders issued pursuant hereto. Unless the Armed Forces furnish, confirm or revise delivery schedules within such period, the set-aside required by this subparagraph shall terminate.

(5) Any respondent who has contracted to furnish to such Armed Forces food of types and in packages customarily sold to civilians shall set aside the undelivered portions of such contracts for a period of 30 days after the effective date of this order or the date of processing or acquisition thereof subsequent to the effective date of this order, or such other period as may be prescribed in applicable suborders issued pursuant hereto. Unless the Armed Forces furnish, confirm or revise delivery schedules within such period, the set-aside required by this subparagraph shall terminate.

SEC. 8. Petitions for relief from hardship. Any person affected by this order or any suborder issued pursuant hereto who considers that compliance therewith would work an exceptional or unreasonable hardship upon him may file a petition for relief pursuant to the provisions of Defense Food Order No. 1.

SEC. 9. Exceptions. Except as provided otherwise in applicable suborders issued pursuant hereto, this order shall not apply to any person :

(a) In his capacity as an ultimate consumer;

(b) In his capacity as a food retailer;

(c) In his capacity as a producer using food for feeding poultry or livestock or for planting crops;

(d) With respect to processing or distributing agricultural products and byproducts commonly classed as "animal or poultry feed," and by their nature either unfit for human consumption or unfit for such consumption without further processing;

(e) With respect to processing or distributing "seed" in its commonly understood meaning, including all seeds which customarily are sold to users for planting for the production of agricultural crops;

(f) With respect to distribution of raw, live, unprocessed or semiprocessed food or ingredients to a respondent for processing;

(g) With respect to moving to a safer place food in danger of loss or damage from the elements or the effects of attack, or moving food from one location to another for such purposes as storage, salvage, regrading, repacking or manipulation necessary for its preservation in good condition;

(h) With respect to assembling, preparing for market in fresh form, and distributing fluid milk or fresh fruits and vegetables except potatoes;

(i) With respect to cotton, tobacco, wool, mohair, hemp, flax fiber, inedible agricultural fats and oils, naval stores or other agricultural products not ingestible by humans;

(j) In his capacity as a carrier or public warehouseman, with respect to food in his custody but not owned by him; or

(k) Who otherwise is a respondent but is identified in any suborder issued pursuant to section 4(b) hereof as exempt from the provisions hereof with respect only to distribution of food.

SEC. 10. Reports, records and communication. (a) All reports required to be filed hereunder and all communications concerning this order, unless otherwise provided, shall be addressed to the Order Administrator, Defense Food Order No. 2. in care of the Chairman of the USDA County or Metropolitan Area Defense Board having jurisdiction over the location of the respondent making the report. (b) Each respondent, within 2 days after the effective date hereof or after civil defense authorities permit access to his business premises, shall report as above. by any means available. his remaining capability to process, store, or distribute food (whichever is applicable) and the specific reasons for any inability to function at preemergency capacity. Supplemental information relating to capability, requirements for goods and services, availability of raw materials, and stocks ready for sale may be required at any subsequent time.

(c) Each respondent shall maintain complete and accurate records from which he determined General Products and Special Product Bases, and of his use of, inventories of, and transactions in food, for a period of 3 years after the date of suspension or termination of this Defense Food Order No. 2 or such shorter period as may be authorized in writing by the Order Administrator (or other authorized representative of the Secretary of Agriculture.) Records may be retained in the original form or by microfilm or other legible, permanent process.

SEC. 11. Investigations, inspections and audits. The Order Admistrator or any designated representative of the Secretary of Agriculture is authorized to make such investigations and to make such inspections and audits of the books, records, and other writings, premises and food stocks of any person subject to this order, as he may deem necessary for the enforcement or administration of this order or any suborder issued hereunder, and in connection therewith to exercise the subpoena power under section 705 of the Defense Production Act of 1950, as amended (50 U.S.C. 2155), after defining the scope and purpose of the investigation, inspection or audit to which the subpoena relates.

SEC. 12. Violations. Any person who violates or who conspires to violate any provision of this order or any suborder issued pursuant hereto may be denied all benefits under any order or suborder issued under defense authorities and administered by the U.S. Department of Agriculture, enjoined from further violation, and in case of willful violation, prosecuted under any or all applicable laws.

Additional copies of this proposed standby Order may be obtained from the Defense Programs Branch, Transportation and Warehouse Division, Consumer and Marketing Service, U.S. Department of Agriculture, Room 250, Liberty Loan Building, Washington, D.C. 20250 (Telephone: Dupont 8-7173). Any person who wishes to submit written data, views or comments concerning the foregoing proposal may do so by filing them in duplicate, at the same address, within 90 days after publication of this notice.

All written submissions made pursuant to this notice will be made available for public inspection at such times and places and in the manner convenient to the public business (7 CFR 1.27 (b)).

Done at Washington, D.C., this 27th day of April 1967.

ORVILLE L. FREEMAN, Secretary.

[F.R. Doc. 67-4908; Filed, May 2, 1967; 8:45 a.m.]

RADIATION RESEARCH

SOILS, CROPS, AND LIVESTOCK

Deep plowing reduced the uptake of strontium 85 very effectively when a 10ton-per-acre application of sodium carbonate was plowed under with the strontium 85. The experiment was carried out with irrigated soybeans, sugar beets, Sudangrass, and cabbage grown on Pullman silty clay loam at Bushland, Tex. The relative concentrations of strontium 85 in mature plants grown with different treatments were: strontium 85 rotary tilled 6 inches deep, 100; strontium 85 plowed 36 inches deep, 25-55; strontium 85 and 10 tons of sodium carbonate per acre plowed 36 inches deep, 3-7. Despite these encouraging results, deep plowing still shows less promise than soil scraping for decontaminating surface soils. Comparable degrees of decontamination may be obtained, but deep plowing is slower and required much more power than mechanized soil scraping. In addition, the effectiveness of deep plowing might decrease greatly within a few years as the sodium carbonate, which is needed to inhibit the uptake of radiostrontium, became diluted in the subsoil. The use of some other compounds might overcome this anticipated difficulty. A disadvantage of soil scraping is that an area is required for disposal of the contaminated soil.

Laboratory work is underway to find methods of precipitating strontium in soils and maintaining it in insoluble form. If an effective, longlasting precipitation can be achieved, it might be useful with ordinary or deep plowing in decontamination of soil.

USDA cooperated with the UT-AEC Agricultural Research Laboratory in the preparation of a preliminary report for the Office of Civil Defense on the "Vulnerability of Food Crop and Livestock Production to Fallout Radiation." The report details certain research needs, primarily the needs for more information

on yield responses of crops to irradiation at sensitive stages of growth, the contribution of beta radiation to the total dose received by sensitive parts of the plant, and the significance of beta radiation from ingested plant materials for the health of livestock. A work group meeting of about 30 research workers interested in these problems was convened. Methods of obtaining data relating to these problems were discussed by crop and livestock specialists, meeting separately with fallout and radiation specialists. Those groups with facilities for irradiating plants and animals will now be able to relate their work more directly to agricultural civil defense needs.

FLUID MILK

Research to determine whether fluid milk can be commercially pasteurized and stored for a sufficient period to permit decay of iodine 131 without prohibitive deterioration of flavor and quality was undertaken in fiscal year 1966. The estimated duration of the project was 3 years.

The work is carried out under commercial fluid milk processing conditions and procedures by a commercial organization in milk processing plants located in at least two widely separated geographical areas. The milk is representative of that being routinely processed in the area in at least the winter and summer seasons. The work includes the effects of two pasteurization temperatures and at least three storage temperatures on the flavor and quality stability of fluid milk during a period of 8 weeks. The pasteurized milk is packaged conventionally in 1 quart containers and stored at several temperatures between 32 and 45 degrees F. for from 1 to 8 weeks. Samples of the various lots of milk are examined or tested at weekly intervals for appearance, physical condition, flavor, and so forth.