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ing the period September 1, 1947, to the date of sale to the processor. In the case of purchases from a vendor who buys from producers on a dressed weight basis, as is the practice of many Western processors, certification must be made that, during the period September 1, 1947 to the date of purchase by Commodity Credit Corporation from such vendor, he paid dressed prices reflecting announced live prices. Vendor's processing cost records must be available, for a period of three years during business hours, to substantiate his certification.

Support prices are for Grade A and Grade B, turkeys packed in box-packed commercially accepted containers. Turkeys packed in barrels, drums or other containers of this type will not be purchased. Announced producer and purchase prices are:

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$ 9.1 Hogs. The support price for good and choice barrow and gilt butcher hogs for the period October 1, 1947, through March 31, 1948, shall average, on an annual basis with seasonal variations, $16.15 per hundred pounds at Chi. cago with appropriate differentials for other markets. (Reg., Nov. 3, 1947, 12 F.R. 7281)

$9.3 Chickens and turkeys. Chickens (excluding chickens weighing less than 342 pounds live weight and all broilers) and turkeys (with purchases of turkeys of the 1947 crop limited to the period October 1947 through January 1948 and purchases of the 1948 crop limited to the period October 1948 through December 1948): 90 percent of the parity price, but in no event less than specified prices to be announced from time to time. (Reg., Feb. 17, 1947, 12 F.R. 1187] (Preceding section, in small type, superseded by following section during period covered by this Supplement]

$ 9.3 Chickens and turkeys. Chickens (excluding chickens weighing less than 3/2 pounds live weight and all broilers) and turkeys (with purchases of turkeys of the 1947 crop limited to the period September 1947 through January 1948 and purchases of the 1948 crop limited to the period September 1948 through December 1948): 90 percent of the parity price, but in no event less than specified prices to be announced from time to time. (Reg., Aug. 19, 1947, 12 F.R. 5689)

NOTE: Statement, Acting Secretary of Agriculture, Oct. 13, 1947, 12 F.R. 6807, sets forth the policy in regard to price support of turkeys, as follows: The United States Department of Agriculture will support the price of 1947 crop turkeys from September 1, 1947, through January 31, 1948. If price support operations become necessary to give producers a price of not less than 90 percent of parity, such support will be accomplished through purchases of frozen, New York dressed turkeys.

Purchases will be limited to turkeys purchased and dressed after August 30, 1947. Certification must be made by each vendor other than a producer or producer agent that during the period September 1, 1947 to the date of purchase by Commodity Credit Corporation from such vendor that he processed the turkeys sold and that he paid all producers not less than announced producer live prices for all turkeys purchased by him from producers. He must further certify that in the event he has procured live turkeys from a country procurer that such procurer has provided him with a certification that producers have been paid announced live prices for all turkeys purchased by him dur

Grade A young turkeys

(under 16 pounds). Grade A young turkeys

(16-20 pounds) Grade А young turkeys

(20 pounds and over).

39. 75 40.25 40.75 41. 25

33.00 33.50 34.00 34, 50

The above are Grade A dressed prices for boxpacked turkeys at the point of purchase. Turkeys packed in barrels, drums, or other containers of this type will not be purchased.

Grade B prices will be 3.0 cents a pound less on all classes, live and dressed.

Turkeys of lower than Grade B quality will not be purchased.

In announcing prices the United States will be divided into four zones as follows:

Zone I: Idaho, Montana, Nevada, Utah, Wyoming, Colorado, Arizona, New Mexico, Oklahoma, Texas, Arkansas and Louisiana.

Zone II: Washington, Oregon, California, North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Missouri, Mississippi, Alabama, Georgia, South Carolina and Florida.

Zone III: Wisconsin, Michigan, Illinois, Indiana, Ohio, Kentucky, Tennessee, West Virginia, Virginia, Maryland, Delaware, and North Carolina.

Zone IV: Maine, New Hampshire, Vermont, New York, Massachusetts, Connecticut, Rhode Island, Pennsylvania and New Jersey.

CROSS REFERENCE: For statement of policy with respect to purchase of fowl of the 1947 crop, see Title 6, Part 299, supra.

PART 10_GRAIN CONSERVATION

(ADDED]

§ 10.1 Distribution and use of grain for the manufacture of distilled spirits or neutral spirits for beverage purposes(a) Definitions. (1) "Grain" means corn, wheat, grain sorghums, barley, rye, granular wheat flour, granular rye flour, or any other grain or grain product used by a distiller in the manufacture of distilled spirits or neutral spirits for beverage purposes.

(2) “Distilling plant” means any plant engaged in the business of manufacturing distilled spirits or neutral spirits for beverage purposes.

(3) "Distiller" means any person operating one or more distilling plants.

(4) “Wheat” means all classes of wheat and includes whole grain, grits, flakes, and starch material derived from wheat.

(5) "Average monthly base period use" means one-fourth of the quantity of grain and grain products used in a particular distilling plant during the period December 1, 1946, to March 31, 1947, as certified by the Alcohol Tax Unit, Internal Revenue Bureau, Treasury Department.

(6) "Daily mashing capacity” means one-fifth of the quantity of grain mashed in a particular distilling plant in any five consecutive calendar days during the period January 1, 1945, to October 25, 1947, both inclusive, as certified by the Alcohol Tax Unit, Internal Revenue Bureau, Treasury Department.

(7) "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons whether incorporated or not.

(8) "Administrator" means the Administrator, Production and Marketing Administration, United States Department of Agriculture.

(b) Government-owned or operated plants. No distilling plant owned or operated by the United States Government or by any agency or instrumentality thereor shall, during the effective period of this order, use grain or grain products in the manufacture of distilled spirits or neutral spirits for beverage purposes.

(c) Grain quotas. Subject to the provisions of paragraph (b) of this section no distilling plant shall, during the effective period of this order, use grain or grain products in the manufacture of

distilled spirits or neutral spirits for beverage purposes in excess of the greatest quantity as computed under subparagraphs (1) or (2) of this paragraph:

(1) 21 percent of the average monthly base period use of such distilling plant, plus 1.4 times the daily mashing capacity of such distilling plant, minus all quantities of grain and grain products used in such distilling plant for such purpose during the period October 25, 1947, to December 30, 1947, both inclusive, or

(2) 6,000 bushels, minus all quantities of grain and grain products used in such distilling plant for such purpose during the period October 25, 1947, to December 30, 1947, both inclusive. The quota for each distilling plant eligible to receive a quota under the terms of this order, calculated in accordance with the above formula, is set forth in Appendix A of this section. All figures appearing in Appendix A are subject to correction and adjustment by the Administrator on account of errors or omissions.

(d) Use of wheat prohibited. No distilling plant shall, under any quota calculated in accordance with this order or otherwise, use wheat or wheat products in the manufacture of distilled spirits or neutral spirits for beverage purposes.

(e) Transfer of quotas. (1) Any quota calculated under paragraph (c) (1) of this section or any part of such quota may be used in any distilling plant operated by the distiller to whom such quota is applicable. No such quota shall be transferred to any plant not operated by such distiller.

(2) No quota calculated under paragraph (c) (2) of this section may be transferred.

(f) Records and reports. (1) Every distiller shall, on or before January 10, 1948, mail a report to the Administrator showing, for each plant operated by him, the amounts and kinds of grain used for the manufacture of distilled spirits or neutral spirits for beverage purposes from October 25, 1947, to December 30, 1947, and shall mail a similar report on or before February 10, 1948, showing such use in each such plant during the effective period of this order.

(2) Every distiller shall on or before January 2, 1948, file with the Administrator a statement showing, for each plant operated by him, the total quantity of grain and grain products used during each month of the base period December 1, 1946, to March 31, 1947, and a statement of the daily mashing capacity of each such plant, both as certified by the Alcohol Tax Unit, Internal Revenue Bureau, Treasury Department.

(3) The Administrator shall be entitled to obtain such information from and require such reports and the keeping of such records by, any person, as may be necessary or appropriate, in his discretion, to the enforcement or administration of the provisions of this section, subject to the approval of the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

(g) Audits and inspections. The Administrator shall be entitled to make such audits or inspections of the books, records, and other writings, premises, or stocks of grain, grain products and alcoholic beverages owned by any person, and to make such investigations as may be necessary or appropriate, in his discretion, to the enforcement or administration of the provisions of this section.

(h) Petition for relief from hardship. Any person affected by this section who considers that compliance herewith would work an exceptional or unreasonable hardship on him may file a petition for relief with the Order Administrator. Petition shall be in writing and shall set forth all pertinent facts and the nature of the relief sought. The Order Administrator may take any action with reference to such petition which is consistent with the authority delegated to him by the Administrator. If the petitioner is dissatisfied with the action taken by the Order Administrator, he may, by request addressed to the Order Administrator obtain a review of such action by the Administrator. After said review, the Administrator may take such action as he deems appropriate, which action shall be final.

(i) Violations. Any person who violates any provision of this order may, in accordance with the applicable procedure, be prohibited from receiving, making any deliveries of, or using grain, grain products, distilled spirits or neutral spirits. Any person who wilfully violates any provision of this section is guilty of a crime and may be prosecuted under any and all applicable laws. Civil action may also be instituted to enforce any liability or duty created by, or to enjoin any violation of, any provision of this section.

(j) Delegation of authority. The administration of this order and the powers

vested in the Secretary of Agriculture, insofar as such powers relate to the administration of this section, are hereby delegated to the Administrator. The Administrator is authorized to redelegate to any employee of the United States Department of Agriculture any or all of the authority vested in him by this section.

(k) Communications. All reports required to be filed hereunder and all communications concerning this section shall, unless otherwise provided, be addressed to the Order Administrator, Grain Conservation Order, Grain Branch, Production and Marketing Administration, United States Department of Agriculture, Washington 25, D. C.

(1) Territorial scope. This section shall apply within the forty-eight (48) States and the District of Columbia.

(m) Effective date. This section shall be effective from 12:01 a. m., December 31, 1947, to January 31, 1948, both inclusive. The purpose of this section is to conserve grain during the period of national emergency caused by the world shortage of grain and other food stuffs. Unless the provisions of this section are made operative immediately, this shortage will be accentuated. Public rule making proceedings under these circumstances would prevent the due, timely and required execution of functions of the United States Department of Agriculture and other agencies of the Government. Accordingly, it is found that notice and public hearing are impracticable and contrary to the public interest and should be dispensed with, and that good cause exists for making this section effective at 12:01 a. m., e, s. t., December 31, 1947. APPENDIX A-GRAIN QUANT

FOR EACH DISTILLING

Name of distilling plant
and RD or IAP No.

Part of

quota calculate

under Quota minimum

provision

(nontransfer able)

Bu. Bu.

56 lb. 66 lb. American Distilling Co., RD 2 (1... 51,714 American Distilling Co., RD 4 Calif. 6,000

875 Barton Distilling Co., RD 12 Ky 25, 452 James B. Beam Distilling Co., RD 230 Ky.

7. 499 Belle Meade Distilling Corp., RD 4 Va...

6,000 1 Deduct from the figures listed below all quantities of grain and grain products used since October 25, 1947.

3, 136

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6,383

Bu. Bu.

56 lb. 58 lb. Belvidere Distilling Co., RD8 m... 7, 143 George Benz Sons, Inc., RD 1 Minn. 6,000 5, 696 Berke Brothers Distilleries, Inc., RD 4 Mass

12, 555 Bernheim Distilling Co., RD I Ky. 18, 713 Bernheim Distilling Co., RD 2 Ky 14. 721 Bernheim Distilling Co., RD 23 Ky. 6,000

1, 566 Big Springs Distilling Co., RD 4 MO. 6,000

5, 602 Blair Distilling Co., RD 21 Ky.. 6, 324 Blue Ribbon Distilleries Co., RD 36 Ky.

6,000

452 A. Smith Bowman Distillery, RD 3 Va.

6, 000 3, 865 Brown-Forman Distillers Corp., RD 52 Ky.

15, 290 Brown-Forman Distillers Corp., RD 354 Ky

14, 799 Brown-Forman Distillers Corp., RD 414 Ky.

22, 171 J.T S. Brown's Son Co., RD 29 Ky. 6,000 4, 821 The Calvert Distilling Co., RD 3 Мd

34, 251 The Calvert Distilling Co., RD 8 Ky.

11, 912 Carrollton Springs Pure Rye Distillery, Inc., RD 14 Md.

16, 336 Carstairs Bros. Distilling Co., Inc., RD 15 Ky

10, 815 Carstairs Bros. Distilling Co., Inc., RD 48 Ky.

43, 918 Carstairs Bros. Distilling Co., Inc., RD 3 Ohio.

7, 203 Cedar Creek Distillery, Inc., RD 2 Wis

6,000 5, 519 Cedar Valley Distillery, Inc., RD 6 Ohio..

6,000 4, 380 Chartres Alcohol Co., IAP 225 La 6,000

4, 494 The Churchill Distilling Co., RD 13 Ky

6,000

1, 173 Clarke Distilleries Ltd., IAP 363 Maine

6,000 3, 367 Sam Clay Distillery, Inc., RD 32 Ky. 6,000 5, 009 Clinton Distilling Co., RD i Iowa, IAP 280.

10. 188 Columbia-American Distillers, Inc., RD 7 II)

6.000 3, 394 Commercial Distillers Corp., RD 3 Ind

60, 740 Con Moore's Distillery, RD 2 Colo.. 6.000 5, 278 Continental Distilling Corp., RD 1 Pa..

122, 165 Continental Distilling Corp., RD 14 Pa.

35, 066 Jack Daniel Distillery, RD 1 Tenn.. 6.000

4,195 The Dant Distillery, RD 169 Ky 6,000

2, 540 John P. Dant Distillery Co., RD 39 Ky

6, 669 Dillinger Distilleries, Inc., RD 8 Pa. 6,000 1, 119 Double Springs Distillers, Inc., RD 61 Ky.

6.890 The Elverson Distilling Co., Inc., RD 21 Pa.

6.000 4,974 Jos. S. Finch and Co., RD 4 Pa. 52, 763 Joseph S. Finch and Co., RD 6 Md. 14, 259 Joseph S. Finch and Co., RD 8 Mass 17. 173 The Fleischmann Distilling Corp., RD 10 Ky.

18, 429 1 Deduct from the figures listed below all quantities of grain and grain products used since October 25, 1947.

Bu.

56 16. The Fleischmann Distilling Corp, RDIN. Y.

24, 165 Foust Distilling Co., 'Inc., RD 11 Pa 6,000 Frankfort Distilleries, Inc., RD 7 Ky.

29, 339 Frankfort Distilleries, Inc., RD 17 Ку.

10, 200 Frantz Distillers, Inc., RD 12 Pa. 9. 036 W. B. Gambill Distilling Co., RDI Wis.

6.000 General Distillers Corp. of Kentucky, RD 30 Ky

7, 318 Glenmore Distilleries Co., RD 24 Ky. 37,590 Harford County Distillery, Inc., RD 10 Md.

8, 378 Heaven Hill Distilleries, Inc., RD 31 Ky.

14,014 Hedgeside Distillery Corp.. RD 2 Cal.

6, 413 Highland Distilleries, Inc. RD 9 Mass

6,000 Hoffman Distilling Co., RD 112

Ky.. 6,000 Hunter-Wilson Distilling Co., Inc., RD 9 Md.

9, 243 James Distillery, Inc., RD 7 Md. 6,000 PaulJones & Co., Inc., RD 1 Md. 15, 549 Paul Jones & Co., Inc., RD 4Md.

15, 688 Kentucky River Distillery, Inc., RD 45 Ky

6,316 Kings Mill Distilling Co., RD 35 Ky...

6,000 Kinsey Distilling Corp., RD 10 Pa.. 6,000 Marshall S. Leff, RD 19 Pa. Logansport Distilling Co., Inc., RD 6 Pa..

7,015 Loretto Distilling Co., Inc., RD 41 Ку.

7. 188 Louisville Distilleries, Inc., RD 54 Ky.

6,000 Manor Distilleries, Inc., RD 9 Pa..

6,000 McCormick Distilling Co., RD 5 Mo.

6,000 McKenna Distillery, RD 111 Ky 7, 917 Medley Distilling Co., RD 49 Ky.

8,681 Merchants Distilling Corp., RD 5 Ind.

36, 996 Mid-Valley Distilling Corp., RD 16 Pa..

6,000 Midwest Solvents Co., IAP 217 Kans.

37, 273 Monumental Distillers, Inc., RD 11 Md.

6,000 Mountain View Distillery, RD 13 Calif..

6,000 National Distillers Products Corp., RD 3 Ky.

26, 951 National Distillers Products Corp., RD 4 Ky.

6,000 National Distillers Products Corp.,

RD 19 Ky.
National Distillers Products Corp.,

RD 25 Ky.
National Distillers Products Corp.,
RD 106 Ky.

7, 718 National Distillers Products Corp., RD 2 Md..

10, 428 National Distillers Products Corp., RD 27 Md.

6,000 National Distillers Products Corp., RD 4 III.

47, 246

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20, 586

16, 364

3,508

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Bu. 66 W.

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2, 189

Ky.

8, 249

420

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National Distillers Products Corp.,

RD 1 Ohio, IAP 213 Ohio. The New England Distilling Co.,

RD 1 S.D. Old Clover Distilling Co., RD 20 Pa. Old Colonel Distillery, RD 40 Ky. Old Dixie Distilling Co., RD 2 Va.. Old Farmer's Distillery, Inc., RD 20 The Old Grandad Distillery Co.,

RD 14 Ky Old Happy Hollow Distillers, Inc.,

RD 44 Ky Old Jordan Distillery, RD 145 Ky. Old Poindexter Distillery, Inc., RD

33 Ky.. The Old Quaker Co., RD 2 Ind. The Old Taylor Distillery Co., RD

53 Ky. Oregon Brandy Distillery Co., RD

1 Ore A. Overholt & Co., Inc., RD 3 Pa.. A. Overholt & Co., Inc., RD 5 Pa. Ozark Mountain Distilling Co., RD

2 Mo... Paramount Distillers, Inc., RDi Ga. Park & Tilford Distillers of Ken.

tucky, Inc., RD 6 Ky.. Park & Tilford Distillers Inc., RD

8 Md. Park & Tilford Distillery, Inc., RD

15 Pa Park & Tilford Distillers, Inc., RD

50 Ky Park & Tilford Distillers, Inc, RD

Bu

66 lb. Joseph E. Seagram & Sons, Inc., RD 1 Ind..

74, 786 Joseph E. Seagram & Sons, Inc., RD 37 Ky...

40, 866 The Sherwood Distilling Co., RD 12 Md..

6, 510 Siegfried Lowenthal Co., RD 2 Ohio 6,000 W. P. Squibb Distilling Co., Inc., RD 8 Ind

6,000 The Geo. T. Stagg Co., RD 9 Ky 11,871 The Geo. T. Stagg Co., RD 18 Ky. 10,336 The Geo. T. Stagg Co., RD 22 Ky.. 8, 238 The Geo. T. Stagg Co., RD 42 Ky.

9,800 The Geo. T. Stagg Co., RD 105 Ky. 12, 103 The Geo. T. Stagg Co., RD 113 Ky. 47, 289 Stitzel-Weller Distillery RD 16 Ky. 14, 052 Trenton Chemical Co., RD 1 Mich. 7,840 United Distillers of America, Inc., RD 3 N. Y

19,053 United Distillers of America, Inc., RD 47 Ky.

17,007 United Distillers of America, Inc., RD 2 La.

26,752 United Distillers of America, Inc., RD 4 La.

6,995 United Distillers of America, Inc., RD IN.H.

8,138 United Distillers (of America) Ltd., RD 13 Md

22, 030 United Distillers Products Corp., RD I Conn

6,000 Virginia Distillery Corp., RD 1 Va..

6,000 Hiram Walker & Sons, Inc., RD 1 ni.

32, 177 Hiram Walker & Sons, Inc., RD 3 ni.

136, 657 James Walsh & Co., Inc., RD 4 Ind. 7, 561 Washington Distilleries, Inc., RD 8 Mo

6,000 Waterfill & Frazier Distillery Co.,

RD 26 Ky.
Waterfill & Frazier Distillery Co.,
RD 28 Ky.

6,000 Frank L. Wight Distilling Co., RD

5 Md. The Willett Distilling Co., RD 43

6,000 Yellowstone. Inc. RD 240 Ky

6,000

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5, 402 5, 518

1, 380

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5,702

6,000

3, 472

820

6,000

1, 747

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6 Ind.
Pebbleford Distillery Co., Inc., RD
Pebble Springs Distilling Co., RD

9, ni
Penndale Distilling Co., RD 17 Pa.
Jas. E. Pepper & Co., RD 5 Ky.
Publicker Industries, Inc., IAP 160

Pa.
Ripy Bros. Distillers, Inc., RD 27

Ky
Schluter Corp., RD 6 Calif.
Scottish-American Distillers, Ltd.,

RD 10 11

6,000

2, 296

34 Ky

6,000

2.768

15, 007

6,000 16,937

3, 769

198, 013

6, 461
6.000

5, 510

6, 606

1 Deduct from the figures listed below all quanUlties of grain and grain products used since October 25, 1947.

(E.O. 9280, Dec. 5, 1942, E.O. 9577, June 29, 1945, E.O. 9915, Dec. 30, 1947, 3 CFR Supps.) [Reg., Dec. 30, 1947, 12 F.R. 8879]

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