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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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