628

THE NEW ZEALAND GAZETTE

[No. 87

(2) If in any sample of one hundred potatoes taken at random from any lot of certified seed potatoes more than eight of those potatoes fail to comply with the standard prescribed by the last preceding subclause, none of the potatoes comprised in the lot shall be deemed to be “standard-sized”.

(3) Except as provided in the last preceding subclause all certified seed potatoes shall for the purposes of this Order be deemed to be “standard-sized”.

Growers' Actual Prices for “Standard-sized” Certified Seed Potatoes

6. (1) The actual price to be charged by any grower for any “standard-sized” certified seed potatoes to which this Order applies shall be determined in accordance with the following provisions of this clause.

(2) The basic price of such potatoes shall in every case be computed in accordance with the scale set forth in the Schedule hereto.

(3) Where any such potatoes are delivered by the grower f.o.r.s.i. any railway-station in the South Island, the actual price to be charged by the grower shall be the basic price, increased in accordance with the provisions of subclause (7) hereof, in cases to which that subclause applies.

(4) Where any such potatoes are delivered by the grower otherwise than f.o.r.s.i. a railway-station in the South Island, the actual price to be charged by the grower shall be the basic price, increased in accordance with the provisions of subclause (7) hereof in cases to which that subclause applies, then further increased by the charges (if any) incurred by the grower in effecting delivery, and then reduced by the charges that would have been incurred by the grower if delivery had been effected by a common carrier at current freight rates to the railway-station that is nearest or most convenient of access to the grower's premises.

(5) The basic price fixed in the Schedule hereto for certified “mother seed” potatoes is fixed as for potatoes classified in Group 4.

(6) The basic price fixed in the Schedule hereto for certified “commercial seed” potatoes is fixed as for potatoes classified in Group 7.

(7) For seed potatoes classified in a higher group than Group 4 or Group 7, as the case may be, a premium of 5s. a ton shall be charged for each upward step in the classification.

Growers’ Maximum Prices for Certified Seed Potatoes that are not “Standard-sized”

7. The maximum price that may be charged by any grower for any certified seed potatoes to which this Order applies that are not “standard-sized” shall be the price that would have been the actual price of those potatoes if they had in fact been “standard-sized”.

Growers’ Maximum Prices for Uncertified Seed Potatoes

8. (1) The maximum price that may be charged by any grower for any uncertified seed potatoes to which this Order applies shall be £9 a ton, delivered f.o.r.s.i. a railway-station in the South Island.

(2) Where any potatoes to which this clause applies are delivered by the grower otherwise than f.o.r.s.i. a railway-station in the South Island, the maximum price that may be charged by the grower shall be £9 a ton increased by the charges (if any) incurred by the grower in effecting delivery, and then reduced by the charges that would have been incurred by the grower if delivery had been effected by a common carrier at current freight rates to the railway-station that is nearest or most convenient of access to the grower’s premises.

Distributors’ Prices

9. (1) Subject to the provisions of the next succeeding clause, the price that may be charged by any distributor for any seed potatoes to which this Order applies shall not exceed the sum of the following amounts:-

(a) The price actually paid or payable to the grower by the same or any other distributor:

(b) Any grading, transport, or other charges (not including brokerage) actually paid by the same or any other distributor:

(c) An amount computed at the rate of 5 per cent. of the sum of the amounts specified in paragraphs (a) and (b) hereof, or at the rate of 10s. a ton (whichever is the greater):

(d) Any disbursements actually incurred by the same or any other distributor by way of brokerage, not exceeding in the aggregate 2½ per cent. of the sum of the amounts specified in paragraphs (a), (b), and (c) hereof.

(2) Notwithstanding anything to the contrary in this Order, the provisions of this clause as to the computation of distributors’ prices shall apply with respect to every sale by a person who is ordinarily engaged in business as a distributor to a person who is ordinarily engaged in business as a wholesaler, notwithstanding that in any such case the purchaser may sell by way of retail any potatoes acquired by him from the distributor.

10. Where any wholesaler who does not normally carry on business as a distributor sells any potatoes to another wholesaler (thus becoming a distributor in respect of that transaction), the price to be charged by the vendor may exceed the maximum price determined in accordance with the last preceding clause by such amount as may be mutually agreed upon by the parties to the transaction: Provided that in any such case the maximum price that may be charged by the purchasing wholesaler in accordance with the next succeeding clause shall be determined as if he had bought those potatoes at the price paid by the wholesaler from whom he bought them.

Wholesalers’ and Retailers’ Prices

11. (1) When any seed potatoes to which this Order applies are sold by any wholesaler or by any retailer in lots exceeding 1½ cwt. the price that may be charged or received by the wholesaler or by the retailer shall not exceed the sum of the following amounts:-

(a) The price actually paid or payable by the wholesaler or the retailer, as the case may be, to the grower or any other person:

(b) An amount not exceeding 2s. 6d. a ton in respect of any potatoes actually received into the wholesaler’s or retailer’s store, together with any grading, transport, or other charges actually paid by the wholesaler or retailer:

(c) An amount equal to 2½ per cent. of the sum of the amounts specified in paragraphs (a) and (b) hereof (to cover the estimated loss due to shrinkage and other natural causes), and a further amount equal to 1½ per cent. of the said sum in respect of potatoes actually received into store:

(d) An amount computed at the rate of £1 15s. a ton (in respect of seed potatoes sold in lots exceeding 1½ cwt., but less than a ton), and computed at the rate of £1 a ton for lots of 1 ton or more.

(2) Where any potatoes to which this Order applies are sold by any wholesaler or retailer in lots of 7 lb., or 14 lb., or 28 lb., or 56 lb., or 112 lb., or 168 lb., the price shall not in any case exceed :-

(3) Where any such potatoes are sold by any wholesaler or retailer in a lot exceeding 7 lb. but otherwise than in a lot of any of the weights specified in the last preceding subclause, the maximum price per pound of any surplus over 7 lb. or over any multiple of 7 lb. (being less in every case than 7 lb.) shall be :—

(4) Subject to the provisions of clauses 12 and 13 hereof, but notwithstanding anything in the foregoing provisions of this clause, the wholesale or retail price of any potatoes to which this Order applies shall not in any case exceed :-

12. If in respect of potatoes sold by a wholesaler or a retailer the maximum price calculated in accordance with the foregoing provisions of this Order or in accordance with an authority given under clause 13 hereof is not an exact number of pence or half-pence, the maximum price of the lot shall be computed to the nearest upward halfpenny.

13. Subject to such conditions, if any as it thinks fit, the Tribunal, on application by any person concerned, may authorize special prices or margins of profit in respect of any potatoes to which this Order applies where for any reason extraordinary freight charges are incurred by any wholesaler or retailer in obtaining delivery from the source of supply that is nearest or most convenient of access to him. Any authority given by the Tribunal under this clause may apply with respect to a specified lot or consignment of potatoes or may relate generally to all potatoes to which this Order applies sold while the approval remains in force.

DUTIES IMPOSED ON RETAILERS FOR THE PURPOSES OF THIS ORDER

14. Every retailer who offers or exposes for sale in any shop any potatoes to which this Order applies shall keep in a prominent position in such proximity to the potatoes to which it relates as to be obviously descriptive thereof a ticket, placard, or label on which shall be stated in legible and prominent characters the following particulars :-

(a) The words “Certified Seed” or “Uncertified Seed,” as the case may be:

(b) The name of the variety of potato:

(c) The retail price per pound.

SCHEDULE

BASIC PRICES FOR CERTIFIED SEED POTATOES TO WHICH THIS ORDER APPLIES

Dated at Wellington, this 30th day of May, 1945.

The Seal of the Price Tribunal was affixed hereto in the presence of--

W. J. HUNTER (Judge), President.

H. L. WISE, Member.