War Food Administration Regulation 2, Amdt. 1. Part 1598, General regulations

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[Regulation 2, Amdt. 1|

Part 1598 — General Regulations

CONTRACT SCHOOLS PERMITTED TO BUY SET
ASIDE AND RESTRICTED FOOD

Food Distribution Regulation No. 2,
(8 F.R. 7523) issued by the War Food Ad-
ministrator on June 4, 1943, is hereby
completely revised and amended to read
as follows:

§ 1598.1 Purchase of set aside and
restricted food by contract schools. — (a)
Definitions. For the purposes of this
regulation :

(1) “Contract school” means and in-
cludes any person who is feeding,
pursuant to a written contract with an
agency of the United States, personnel
of the Armed Services of the United
States fed under the command of a com-
missioned or noncommissioned officer
or other authorized representative of the
Armed Services of the United States, and
who is specifically authorized by the
Armed Service concerned to purchase
set aside and restricted food pursuant
to this regulation.

(2) “Armed Services of the United
States” means the Army, Navy, Marine
Corps, and Coast Guard of the United
States.

(3) “Set aside food” means that por-
tion of any of the foods listed in
Schedule A hereto held by any person
pursuant to any food order.

(4) “Restricted food” means that
portion of any food listed in Schedule
B hereto which the person restricted by
a food order may sell without such sales
being charged against his quota under
the food order.

(5) “Person” means any individual,
partnership, corporation, association,
business trust, or any organized group of
persons, whether incorporated or not,
and includes the States and any subdi-
visions thereof.

(6) “Director” means the Director of
Food Distribution, War Food Adminis-
tration.

(b) Purchases of set aside and re-
stricted food by contract schools. Not-
withstanding the provisions of any food
order or regulation now or hereafter is-
sued, unless specifically prohibited
therein, any contract school may pur-
chase any set aside or restricted food
from any person, and any person may
sell or deliver set aside or restricted food
to any contract school, and such sales
or deliveries may be considered by the
sellers in the same manner as sales to
the Armed Services of the United States:

\

WAR FOOD ADMINISTRATION

Provided, That all such purchases by
such contract school shall be made by
written order or contract containing the
following certificates signed by an au-
thorized representative of the contract
school and by an officer of the Armed
Services of the United States:

The undersigned certifies and represents
to the War Food Administration that he is

the of

(Position held) (Name of university, etc.)

which is feeding

(Army, Navy, Marine Corps or Coast Guard)

personnel pursuant to contract No. _

with and

(Contracting Government Agency)
that all of the items and quantities of food
listed hereon are required for and will be
used in feeding such personnel.

(Title)

I certify that is

(Name of university, school, etc.)

feeding personnel

(Army, Navy, Marine Corps, or Coast Guard)

pursuant to contract No. with

and that the

(Contracting Government Agency)
above individual has represented to me that
all of the food items and quantities listed
hereon are required for and will be used in
feeding such personnel.

(Officer’s Title)

All set aside and restricted food pur-
chased by contract schools shall be used
by such schools only for feeding person-
nel of the Armed Services of the United
States.

(c) Purchases from intermediate dis-
tributors. A contract school may pur-
chase set aside and restricted food di-
rectly from the person required to set
aside food or restricted by any food order,
or may purchase such foods indirectly
through jobbers, wholesalers, or other in-
termediate distributors. Where such
purchases are made indirectly, the inter-
mediate distributor shall make copies of
the certificates provided in paragraph
(b) hereof, certified by him to be cor-
rect. Any person may sell to any inter-
mediate distributor the quantities of set
aside food or restricted food covered by
such certified copy furnished to him and
may treat such sales in the same manner
as sales made directly to contract schools.

(d) Records and re-ports. (1) The Di-
rector shall be entitled to obtain such
information from, and require such re-
ports and keeping of such records by,
any person, as may be necessary or ap-
propriate, in his discretion, to the en-
forcement or administration of the pro-
visions of this regulation.

(2) Every person receiving contracts
or purchase orders containing certifi-

FDR 2

cates as provided in this regulation and
every other person subject to this regula-
tion shall maintain an accurate record
for two years (or for such other period
of time as the Director may designate)
of his transactions involving set aside
and restricted foods for contract schools.

(3) The record-keeping requirements
of this regulation have been approved
by the Bureau of the Budget in accord-
ance with the Federal Reports Act of
1942. Subsequent record-keeping or re-
porting requirements will be subject to
the approval of the Bureau of the
Budget pursuant to the Federal Reports
Act of 1942.

(e) Audits and Inspections. The Di-
rector shall be entitled to make such
audit and inspection of the books, rec-
ords, and other writings, premises, or
stocks of food of any person participat-
ing in any transaction involving the pur-
chase of set aside or restricted foods by
contract schools and to make such in-
vestigations as may be necessary or ap-
propriate, in his discretion, to the en-
forcement or administration of the
provisions of this regulation.

(f) Petition for relief from hardship.
Any person affected by this regulation
who considers that compliance here-
with would work an exceptional and un-
reasonable hardship upon him may ap-
ply, in writing, for relief to the Director,
setting forth in such petition all perti-
nent facts and the nature of the relief
sought. The Director may thereupon
take such action as he deems appropri-
ate and such action shall be final.

(g) Violations. The Director may by
suspension order prohibit any person
who violates any provisions of this regu-
lation from receiving, making deliveries
of, or using any material subject to prior-
ity of allocation control by the War Food
Administrator and may recommend that
any such person be prohibited from re-
ceiving or using material subject to the
priority or allocation control of other
government agencies. In addition, any
person who wilfully violates any pro-
vision of this regulation is guilty of a
crime and may be prosecuted under any
or all applicable laws. Civil action may
also be instituted to enforce any liability
or duty created by or to enjoin any vio-
lation of any provision of this regulation.

(h) Communications. All reports re-
quired to be filed hereunder and ail com-
munications concerning this regulation
shall, unless otherwise directed, be ad-
dressed to: Director of Food Distribution,
War Food Administration, Washington,
25, D. C„ Ref.: FDR-2.

(il’O — WKA 1H.-, — p. 1

(i) Territorial extent. This regula-
tion applies to all persons in the forty-
eight States, the District of Columbia,
and the territories and the possessions
of the United States.

(j) Delegation of authority. The ad-
ministration of this regulation and the
powers vested in the War Food Admin-
istrator, insofar as such powers relate
to the administration of this regulation,
are hereby delegated to the Director.
The Director is authorized to amend the
schedules to this regulation. The Direc-
tor is authorized to redelegate to any
person within the United States Depart-
ment of Agriculture any or all of the au-
thority vested in him by this regulation.

(k) Ref erence to ship operators. This
regulation no longer applies to the ac-
quisition of set aside and restricted food
by ship operators. The acquisition of
these foods for this purpose is controlled

Press Release, Immediate:

Saturday, October 9, 1943.

The War Food Administration today
announced a licensing program for sup-
pliers who sell “set-aside”, “restricted”
or “designated” foods to ships operating
under direction of the War Shipping Ad-
ministration and vessels of allied or
neutral countries named by that agency.

The. program is effective November 15,
1943, and after that date all such food
suppliers will be required to have oper-
ating licenses issued by the Director of
Food Distribution. Licenses will be is-
sued only to those who were engaged
regularly during the last 6 months of
1942 in supplying foodstuffs to ship
operators.

The licensing program, provided in
Food Distribution Regulation No. 3, will
supersede provisions applying to ship
suppliers in Food Distribution Regulation
No. 2. FDR 2 authorized a certificate
plan by which suppliers could obtain re-
placements for the quantity of set aside

by Food Distribution Regulation No. 3
(supra) Reference should be made to
that regulation for all definitions and
provisions regarding the supplying food
to ship operators.

(1) Effective date. This amendment
shall be effective on November 15, 1943.
With respect to violations of said regu-
lation, rights accrued, or liabilities in-
curred prior to the effective date of this
amendment, said Food Distribution Reg-
ulation No. 2 shall be deemed to be in
full force and effect for the purposes of
sustaining any proper suit, action, or
other proceeding with respect to any
such violation, right, or liability.

(E.O. 9280, 7 F.R. 10179; E.O. 9322, 8
F.R. 3807; E.O. 9334, 8 F.R. 5423)

Issued this 8th day of October 1943.

Marvin Jones,

War Food Administrator.

Schedule A

Applicable Food

Set aside foods : Distribution Order

American cheese 15

Beef 75-2

Butter 2

Dried skim milk 54

Rice i 10

Turkeys 71

Schedule B
Restricted foods:

Cocoa products 25

Fats and oils products 42

Frozen dairy foods 8

Honey 47

Meats (Pork, beef, veal, lamb) 75-1

Molasses 51

Peanuts : 78

Spices 19

Tea 18

and restricted foods sold to contract
schools and ships. Food Distribution
Regulation 2 has been amended to ex-
clude all provisions affecting ship sup-
pliers, but retains the certificate plan for
schools under contract for training mil-
itary personnel.

When a supplier is licensed, he will be
required to report how much of foods
classified in FDR 3 he has on hand. He
also will be given an inventory quota
based on the total of these foodstuffs he
sold to ship operators during any two
calendar months in the year beginning
July 1, 1942. In making purchases, the
supplier will not be permitted to buy
quantities that would build his inventory
beyond his allowable quota.

The new regulation will give WFA more
effective control over food supplies for
ships, officials said, and will enable ship
suppliers to maintain adequate inven-
tories for servicing ships. It also will
reduce the possibility that foodstuffs for
ships will be obtained from supplies
allocated to civilians.

Foods classified in FDR 3 as “set-aside”
foods are American cheese, beef, butter,
dried beans and peas, dried whole eggs,
dried skim milk, shell eggs, rice and
turkeys. In the “restricted” group are
frozen eggs, frozen dairy foods, fats and
oils, honey, imported salted fish, meats,
molasses, peanuts and peanut butter, pet
foods, spices and tea. Foods especially
designated are canned fish and shellfish,
canned fruits, vegetables and juices,
concentrated citrus juices, dehydrated
vegetables and dried fruits.

Licenses must be obtained for every
outlet supplying food to ships, regardless
of common ownership. Applications
must be submitted o n Form FDR-3-1
to the Director of Food Control, War
Shipping Administration, Washington,
D. C. When approved by WSA, they
will be forwarded to the Director of Food
Distribution, War Food Administration,
for issuance of the license. Applica-
tion forms may be obtained from re-
gional offices of Food Distribution Ad-
ministration or regional offices of War
Shipping Administration.

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