1504
THE NEW ZEALAND GAZETTE
[No. 75

(ii) If in any sample of one hundred potatoes
taken at random from any lot sold for delivery
during the month of January, 1946, more than 15 per
cent. by number of the sample can be passed
through a square of which the sides have an inside
measurement of 1½ in., all the potatoes in the
lot from which the sample is taken shall be deemed
to be under-grade :

(iii) If in any sample of one hundred potatoes
taken at random from any lot sold for delivery during
the month of February, 1946, more than 15 per cent.
by number of the sample can be passed through a
square of which the sides have an inside measurement
of 1¾ in., all the potatoes in the lot from which the
sample is taken shall be deemed to be under-grade :

(b) Rule as to Quality—

If in any lot of potatoes more than 3 per cent. by weight
of the lot is affected by disease, damage, or other
defect, or if the lot is not reasonably free from earth,
all the potatoes in the lot shall be deemed to be
under-grade :

(c) Rule as to Branding of Sacks or other Containers—

Sacks or other containers containing first-grade potatoes
shall be legibly branded or tagged with the words
“First Grade,” and potatoes in sacks or other
containers not so branded or tagged shall be deemed
to be under-grade :

(d) Potatoes that are not under-grade in accordance with para-
graph (a) or paragraph (b) or paragraph (c) hereof shall
be deemed to be first-grade potatoes.

APPLICATION OF THIS ORDER.

7. (1) This Order applies with respect to all potatoes grown in
   New Zealand that, being the produce of seed potatoes planted after
   the 31st day of March, 1945, are sold for delivery after the coming
   into force of this Order and on or before the 28th day of February,
   1946, by any grower, distributor, wholesaler, or retailer.

(2) In any proceedings for a breach of this Order in respect of
the sale of any potatoes, those potatoes shall, unless the defendant
proves the contrary, be deemed to have been within the application
of this Order at the time of sale if they were sold as or were
represented by the vendor to be new potatoes.

FIXING PRICES OF POTATOES THAT ARE SUBJECT TO THIS ORDER

Growers’ Prices

8. (1) Subject to the following provisions of this clause, the
   maximum price that may be charged or received by any grower
   for any potatoes to which this Order applies shall be determined as
   follows :—

(a) For potatoes grown in the North Island or for potatoes grown
in the Nelson Provincial District (excluding the Buller,
Grey, and Inangahua Counties) and sold for delivery
in that district or in the North Island—

(b) For any other potatoes to which this clause applies—

(2) The growers’ prices fixed as aforesaid are fixed in respect of
sales f.o.r.s.i.—

(a) The railway-station at Christchurch in the case of potatoes
grown in the Nelson Provincial District and sold for
delivery elsewhere than in that district or in the North
Island ; or

(b) The grower’s railway-station (being the railway-station
nearest or most convenient of access to the grower’s
premises) in the case of any potatoes to which the last
preceding paragraph does not apply.

(3) Where any potatoes to which this Order applies are delivered
by a grower otherwise than f.o.r.s.i. the appropriate railway-station
(as determined in accordance with the last preceding subclause) the
price that may be charged by the grower shall be the appropriate
price in terms of the foregoing provisions of this clause, increased
by the amount of the charges (if any) incurred by him in effecting
delivery, and then reduced by the amount of the charges that would
have been incurred by him if he had delivered the potatoes f.o.r.s.i.
the appropriate railway-station determined as aforesaid.

Distributors’ Prices

9. Subject to the provisions of the next succeeding clause, the
   maximum price that may be charged or received by any distributor
   for any potatoes to which this Order applies shall be 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 disbursements (other than brokerage) actually incurred
and paid by the same or any other distributor by way of
grading, transport, or other charges :

(c) An amount computed at the rate of 30s. a ton when the price
paid to the grower is £20 a ton or more, or computed at the
rate of 20s. a ton when the price paid to the grower is
less than £20 a ton.

10. Where any wholesaler who does not normally carry on busi-
    ness 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 to 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’ Prices

11. The maximum price that may be charged or received by any
    wholesaler for any potatoes to which this Order applies that are sold
    by him to a retailer for purposes of retail sale shall be the sum of the
    following amounts :—

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

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

(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) :

(d) Whichever of the following amounts is appropriate in the
circumstances of the case, namely :—

(i) When the sum of the amounts specified in para-
graphs (a), (b), and (c) of this clause is less than an average
of £19 a ton, an amount computed at the rate of 20s. a
ton for lots of ½ ton or more, and computed at the rate
of 30s. a ton for lots of less than ½ ton ; or

(ii) When the sum of the amounts specified in
paragraphs (a), (b), and (c) of this clause is an average of
£19 a ton or more, an amount computed at the rate of
30s. a ton for lots of ½ ton or more, and computed at the
rate of 40s. a ton for lots of less than ½ ton.

Computation of Distributors’ and Wholesalers’ Prices by Reference
to Average Prices

12. In computing the maximum price that may be charged by
    any distributor or by any wholesaler for potatoes that have been
    acquired by him in different lots at different prices, the appropriate
    maximum price may, with the general or special approval of the
    Tribunal, and subject to any conditions that may be imposed by the
    Tribunal, be computed by reference to the average of the several
    prices paid for such potatoes.

Distributors and other Wholesalers to specify Grades of Potatoes on
Relevant Invoices

13. (1) Every distributor or other wholesaler who sells any
    potatoes to which this Order applies shall specify in the relevant
    invoice, with respect to each item, the grade of the potatoes
    comprised in the item.

(2) For the purpose of this clause the term “ grade ” with respect
to any lot of potatoes means, as the case may require, “ first grade ”
or “ under-grade.”

Retailers’ Prices

14. (1) Subject to the provisions of subclauses (3) and (4) of this
    clause and to the provisions of clause 15 hereof, the maximum price
    that may be charged or received by any retailer for any potatoes to
    which this Order applies shall be the sum of the following amounts:—

(a) The price actually paid or payable by the retailer for the
potatoes :

(b) Any transport or other charges actually paid or payable by
the retailer :

(c) An amount equal to 33⅓ per cent. of the sum of the amounts
specified in paragraphs (a) and (b) hereof.

(2) The retail price of any potatoes, computed in accordance
with the last preceding subclause, shall be calculated by reference
to the prices and weights disclosed in the appropriate invoices.

(3) Notwithstanding anything to the contrary in the foregoing
provisions of this clause, the retail price of potatoes shall not in any
case exceed—

For Potatoes sold (by Retail) in the North Island (exclusive of the
Provincial District of Auckland)