must be filed at such time and in such cane sugar area to which paragraph (d) above is applicable shall be: (1) For any such farm for which a 1939 proportionate share is established pursuant to § 802.26a (b) (1), 75 percent of the 1938 proportionate share of the farm. (2) For any such farm for which a 1939 proportionate share is established pursuant to § 802.26a (b) (3), the lesser of either: (i) 10 acres, plus 75 percent of the 1939 proportionate share acreage in excess of 10 acres, or (ii) the planted acreage measured for harvest under the 1939 mainland sugarcane program. (f) Tenant and share-cropper protection. In addition to the foregoing, the following conditions shall be met: (1) That no change shall have been made in the leasing or cropping agreements for the purpose of diverting to any producer any payment to which tenants or share-croppers would be entitled if the 1939 leasing or cropping agreements were in effect. (2) That there shall have been no interference by any producer with contracts heretofore entered into by tenants or share-croppers for the sale of their sugarcane. (Sec. 302, 50 Stat. 910; 7 U.S.C., Sup., 1132) [S.D. 62, Feb. 1, 1939; 4 F.R. 506] Determinations With Respect to § 802.32b Fair prices for the 1939 (d) Proportionate shares for other growers. The proportionate share of sugarcane, in terms of planted acreage, for the 1940 crop for any farm in the mainland cane sugar area to which paragraphs (a), (b) and (c) above are not applicable shall be equal to the 1940 base acreage for the farm, calculated in accordance with paragraph (e) below, multiplied by the fraction whose numerator shall be the total proportionate share acreage for the 1940 crop (as estimated by the Secretary) required to be allocated to farms in the mainland cane sugar area to enable the area to meet its quota (and provide a normal carry-crop of Hawaiian sugarcane. The prices over inventory) for the calendar year during which the larger part of the sugar from such crop normally would be marketed, less the total 1940 proportionate share acreage allocated pursuant to paragraphs (a), (b) and (c) above, and whose denominator shall be the sum of the 1940 base acreages calculated in accordance with paragraph (e) below: Provided, however, That the proportionate share for the 1940 crop for any farm in which the planted proportionate share acreage measured for harvest under the 1939 mainland sugarcane program is equal to or greater than 10 acres shall not be less than 10 acres. (e) 1940 base acreage. The 1940 base acreage for any farm in the mainland heretofore agreed upon for the 1939 crop of Hawaiian sugarcane between the several processors in Hawaii and the producers of such sugarcane are fair and reasonable, and the payment of such prices shall be deemed to meet the requirements of subsection (d) of section 301 of the Sugar Act of 1937 with respect to such crop. (Sec. 301, 50 Stat. 909; [S.D. 70, Apr. 29, 7 U.S.C., Sup., 1131) § 802.33a Farming practices for farms in the Territory of Hawaii during the calendar year 1939. The requirements of section 301 (e) of the Sugar Act of 1937 shall be deemed to have been met with respect to a farm in the Territory of Hawaii if there are carried out during the calendar year 1939 the following farming practices: The application to land on which sugarcane is growing at any time during the calendar year 1939 of an amount of chemical fertilizer per acre of such land fertilized, which contains an average quantity of available plant food, in any form or combination of nitrogen, phosphoric acid, or potash, equal to not less than the greater of either: (1) 150 pounds, or (2) 80 percent of the average quantity which was applied in 1937 or 1938, whichever was smaller, on land on which sugarcane was growing and on which fertilizer was applied, during such year, unless such 80 percent be greater than 250 pounds, in which case the requirement shall be 250 pounds: Provided, however, That the number of acres of land on which sugarcane is growing and on which fertilizer is applied during 1939 is not less than the number of acres on the farm on which sugarcane is planted, or a ratoon crop of sugarcane is started, at any time during 1939. "Chemical fertilizer" as used herein means commercial fertilizer which contains not less than 15 pounds of some form of available nitrogen, phosphoric acid, or potash per 100 pounds of gross weight. (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., 1131) [S.D. 69, Apr. 19, 1939; 4 F.R. 1649] (b) For all work performed by adult males under short term agreements and on a time basis in loading, an annual average for each farm of not less than $2.20 per day. (c) For all work performed by adult males under short term agreements and on a time basis in laying portable track, an annual average for each farm of not less than $2.40 per day. (d) For all work performed by adult males under short term agreements and on a time basis in planting, cultivating, fertilizing, irrigating, brooming, and other operations not specified in (a), (b) or (c) above, connected with the production, cultivation and harvesting of sugarcane, an annual average for each farm of not less than $1.50 per day. (e) For all work performed by each adult male in all operations connected with the production, cultivation, or harvesting of sugarcane, exclusive of work performed under long term cultivation and irrigation agreements, an average wage for each pay period (not exceeding 1 month) of not less than $1.40 per day. (f) For all work performed by each adult male under long term cultivation and irrigation agreements, an advance of not less than $1.50 per day. (g) For all work performed by adult females in any operation connected with the production, cultivation or harvesting of sugarcane, not less than three-fourths of the above specified rates. Provided, however, That in addition to the foregoing, the producer shall furnish to the laborer, without charge, the perquisites customarily furnished by him, such as, a house, garden plot, and similar incidentals; And provided fur § 802.34b Fair and reasonable wage rates for persons employed in the production, cultivation, or harvesting of sugarcane in Hawaii during the period January 1, 1939, through December 31, 1939. Persons employed in the production, cultivation, or harvesting of sugarcane in Hawaii during the period January 1, 1939 through December 31, 1939 (except those who are paid a monthlyther, That the foregoing shall not be salary of $100 or more) shall be deemed to have been paid fair and reasonable wage rates, if full payment in cash for an 8-hour day, (shorter or longer days to be in proportion) is made for all such work at rates not less than the following: construed to mean that a producer may qualify for payment who has not paid in full the amount agreed upon between the producer and the laborer; And provided further, That the producer shall not, through any subterfuge or device whatsoever, reduce the wage rates to laborers below those determined above. (a) For all work performed by adult males under short term agreements and (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., on a time basis in cutting, packing, fluming and hauling sugarcane and laying portable flumes, an annual average for each farm of not less than $2 per day. 1131) [S.D. 60, Jan. 25, 1939; 4 F.R. 410] § 802.36b Determination of proportionate shares for farms in the Territory of Hawaii for the 1939 crop. The propor started in 1937, in an amount not less than 400 pounds per acre of such land. tionate share for each farm in the Terri- | a crop of ratoon sugarcane has been tory of Hawaii for the 1939 crop shall be the amount of sugar, raw value, commercially recoverable from sugarcane grown on each farm and marketed (or processed by the producer) for the extraction of sugar during the calendar year 1939. (Sec. 302, 50 Stat. 910; 7 U.S.C., Sup., 1132) [S.D. 74, Oct. 23, 1939; 4 F.R. 4357] 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. (Sec. 304, 50 Stat. 911; 7 U.S.C., Sup., 1134) [As amended by S.D. 9 (Rev.), Apr. 29, 1939; 4 F.R. 1741] § 802.43 Farming practices in connection with the production of the 1937-38 crop of sugarcane in Puerto Rico-(a) For all farms, except in the Island of Vieques. The requirements of section 301 (e) of the Sugar Act of 1937 shall be deemed to have been met with respect to a farm in Puerto Rico, except in the Island of Vieques, if there are carried out during the calendar year 1937 the following farming practices: (1) Farms containing more than 400 acres of sugarcane. For farms on which there is growing at any time during the calendar year 1937 more than 400 acres of sugarcane, the application of chemical fertilizer to sugarcane land fertilized during the calendar year 1937 in an amount not less than that required for the farms referred to in I. R. Announcement 1, issued July 28, 1937, pursuant to the provisions of Insular Region Bulletin 101, Puerto Rico, issued May 4, 1937. (2) Farms containing more than 100, but not more than 400, acres of sugarcane. For farms on which there is growing at any time during the calendar year 1937 more than 100, but not more than 400, acres of sugarcane, the application during 1937 of an average gross weight of chemical fertilizer, as defined in the said I. R. Announcement 1, to land on which sugarcane has been planted in 1937 and to land on which (3) Farms containing more than 10, but not more than 100, acres of sugarcane. For farms on which there is growing at any time during the calendar year 1937 more than 10, but not more than 100, acres of sugarcane, (i) the application during 1937 of an average gross weight of chemical fertilizer, as defined in the said I. R. Announcement 1, to land on which sugarcane has been planted in 1937 and to land on which a crop of ratoon sugarcane has been started in 1937, in an amount not less than 200 pounds per acre of such land; or (ii) the carrying out on the farm of any of the soil building practices set forth in the said Insular Region Bulletin 101, Puerto Rico, for which payment would be made in an amount equal to at least $1 per acre of land on which sugarcane is planted or a ratoon crop of sugarcane is started during 1937. (4) Farms containing not more than 10 acres of sugarcane. For farms on which there is growing at any time during the calendar year 1937 not more than 10 acres of sugarcane, (i) the application during the 1937 harvest season to the land from which sugarcane is harvested, of the tops and trash cut from such sugarcane; or (ii) the carrying out on the farm of any of the soil building practices set forth in the said Insular Region Bulletin 101, Puerto Rico, for which payment would be made in an amount equal to at least 50 cents per acre of land on which sugarcane is planted or a ratoon crop of sugarcane is started during 1937. (b) For farms in the Island of Vieques. The requirements of section 301 (e) of the Sugar Act of 1937 shall be deemed to have been met with respect to a farm in Puerto Rico in the Island of Vieques if there are carried out during the calendar year 1937 the following farming practices: (1) Farms containing more than 400 acres of sugarcane. For farms of the acreage designated in (a) (1) of this section, the required application of chemical fertilizer to sugarcane land fertilized in 1937 shall be in an amount of plant food contained in chemical fertilizer, as such fined in the said I. R. Announcement 1, not less than the greater of either (i) 75 pounds of plant food per acre of such land; or (ii) 90 percent of the quantity of plant food which was applied during the calendar year 1936 per acre of sugarcane land fertilized during the calendar year 1936. plant food and chemical fertilizer are de- § 802.41a Determination of sugar commercially recoverable 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 ac (2) Farms containing more than 100, but not more than 400, acres of sugarcane. For farms of the acreage designated in (a) (2) of this section, the ap-cordance with the applicable formulae, plication during 1937 of an average gross weight of chemical fertilizer, as defined in the said I. R. Announcement 1, to land on which sugarcane has been planted in 1937 and to land on which a crop of ratoon sugarcane has been started in 1937, in an amount not less than 200 pounds per acre of such land. with respect to recoverable sugar, set terms of 96° sugar, by multiplying the (3) Farms containing more than 10, but not more than 100, acres of sugarcane. For farms of the acreage desig-coverable shall be computed weekly in nated in (a) (3) of this section, (i) the application during 1937 of an average gross weight of chemical fertilizer, as defined in the said I. R. Announcement 1, to land on which sugarcane has been planted in 1937 and to land on which a crop ratoon sugarcane has been started in 1937 in an amount not less than 100 pounds per acre of such land; or (ii) the carrying out on the farm of any of the soil building practices set forth in the said Insular Region Bulletin 101, Puerto Rico, for which payment would be made in an amount equal to at least $1 per acre of land on which sugarcane is planted or a ratoon crop of sugarcane is started during 1937. (4) Farms containing not more than 10 acres of sugarcane. For farms of the acreage designated in (a) (4) of this section, (i) the application during the 1937 grinding season to the land from which sugarcane is harvested, of the tops and trash cut from such sugarcane; or (ii) the carrying out of any of the soil building practices set forth in Insular Region Bulletin 101, Puerto Rico, for which payment would be made in an amount equal to at least 50 cents per acre of land on which sugarcane is planted or a ratoon crop of sugarcane is started during 1937. (Sec. 301, 50 Stat. 909; 7 U.S.C., Sup., 1131) [As amended by S.D. 9 (Rev.), Apr. 29, 1939; 4 F.R. 1741] § 802.42a Determination of fair and reasonable prices for the 1938-1939 crop of Puerto Rican sugarcane. Fair and reasonable prices for the 1938-1939 crop of Puerto Rican sugarcane to be paid by processors, who, as producers, apply for payments under the Sugar Act of 1937 shall be as follows: (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 the same as for the 1937-1938 crop, except that in no event shall it be less than 63 percent of the recoverable sugar (packed in the customary bags) determined in accordance with either of the formulae given below, and except, further, that such recoverable sugar shall be calculated fortnightly or monthly as may be agreed upon between the producer and the producer- | either of the foregoing formulae amounts processor: (1) where: or 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; 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 when through the delivery of unripe or burnt cane, or through any other cause, the recoverable sugar determined in accordance with to 9 pounds or less per 100 pounds of cane, or when sugarcane is delivered of the Japanese, Uba, Coimbatore, or other varieties of the Sacharum Spontaneum of Sachorum Sinensis type, the payment shall be on the basis of rates not less than those provided in the 1937-1938 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 greater of either: (i) the percentage contracts provided for in existing (verbal or written) between the producer and the producer-processor or (ii) the product of the average number of pounds of sugar, 96° basis, recovered per 100 pounds of sugarcane during the current crop or month (as may be agreed upon) at the mill where the sugarcane was ground, and .63. 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 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 not made by actual delivery of 96° raw sugar, as aforesaid, 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 paid to the grower 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 producer-processor) during which the sugarcane is delivered to the producer-processor, converted to the equivalent f. o. b. mill |