Nov. 30] THE NEW ZEALAND GAZETTE 1505

For Potatoes sold (by Retail) in the Provincial Districts of Auckland and Nelson (excluding the Buller, Grey, and Inangahua Counties)

For Potatoes sold (by Retail) elsewhere in New Zealand

(4) If in respect of any lot of potatoes sold by a retailer the maximum price, calculated in accordance with the foregoing provisions of this clause, is not an exact number of half-pence (in the case of a lot of less than 5 lb.) or is not an exact number of pence (in the case of a lot of 5 lb. or more), the maximum price of the lot shall be the next highest halfpenny or the next highest penny, as the case may be. The provisions of this subclause shall apply notwithstanding that in any case the retailer purports to sell any potatoes otherwise than by weight.

(5) For the purposes of this clause the price paid or payable by a retailer for any lot of potatoes and the transport and other charges paid or payable by him in respect of the same lot shall be apportioned evenly over the whole lot, and the price and charges paid or payable by the retailer for each pound of potatoes included in the lot shall be determined accordingly.

15. Notwithstanding anything in the foregoing provisions of this Order and subject to such conditions, if any, as it thinks fit, the Tribunal, on application by any retailer, may authorize special maximum retail prices in respect of any potatoes to which this Order applies where for any reason extraordinary freight charges are incurred by the 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 by the retailer while the approval remains in force.

DUTIES IMPOSED ON RETAILERS

16. Every retailer who offers or exposes for sale any potatoes to which this Order applies shall keep for a period of not less than two months a record showing with respect to every purchase of such potatoes made by him by way of wholesale the following particulars :—

(a) The date of purchase :
(b) The name and address of the wholesaler from whom they were purchased :
(c) The trade description of the potatoes purchased :
(d) The quantity purchased :
(e) The price paid.

17. Every retailer who offers or exposes any potatoes to which this Order applies for sale in any shop 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 retail price per pound of the potatoes.

Dated at Wellington, this 29th day of November, 1945.

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

[L.S.] W. J. HUNTER (Judge), President.
H. L. WISE, Member.

Price Order No. 465 (Onions)

PURSUANT to the powers conferred on it by the Control of Prices Emergency Regulations 1939,* the Price Tribunal, acting with the authority of the Minister of Industries and Commerce, doth hereby make the following Price Order :—

PRELIMINARY

1. This Order may be cited as Price Order No. 465, and shall come into force on the 1st day of December, 1945.

2. (1) Price Orders No. 289† and No. 383‡ are hereby revoked.
   (2) The revocation of the said Price Orders shall not affect the liability of any person for any offence in relation thereto committed before the coming into force of this Order.

3. (1) In this Order, unless the context otherwise requires,—

"The said regulations" means the Control of Prices Emergency Regulations 1939* :

• Statutory Regulations 1939, Serial number 1939/275, page 1057.
  † Gazette, 16th November, 1944, Vol. III, page 1366.
  ‡ Gazette, 28th June, 1945, Vol. II, page 856.
  § Statutory Regulations 1938, Serial number 1938/25, page 121.

"Distributor", in relation to any lot of onions, means a wholesaler, as defined in the said regulations, who sells those onions otherwise than to a retailer for purposes of retail sale :

"Grower", in relation to onions, means a person engaged in the business of growing onions for sale :

"Grower's station", in relation to any grower, means the railway-station that is nearest or most convenient of access to the grower's premises :

"Old season onions" means onions planted before the 1st day of April, 1945.

The expression "f.o.r.s.i." means free on rail, sacks or other containers included :

(2) References in this Order to grades are references to grades of onions determined in accordance with the Board of Trade (Onion) Regulations 1938§.

(3) In computing for the purposes of this Order the weight of any onions no account shall be taken of the weight of any thick necks or tops that may be attached thereto.

(4) Terms and expressions defined in the said regulations when used in this Order have the meanings severally assigned thereto by those regulations.

4. Subject to any general or specific directions that may be given by or on behalf of the Tribunal, any expenses that are reasonably incurred by a wholesaler or retailer in undertaking the transport of any onions at his own expense may be regarded for the purposes of this Order as if they were transport charges paid by him, and the maximum price of any onions sold by him shall be determined accordingly.

5. The provisions of this Order shall apply notwithstanding that any onions to which the Order is applicable are sold otherwise than by weight.

6. The maximum prices fixed by this Order apply with respect to sales by auction as well as to other sales.

APPLICATION OF THIS ORDER

7. (1) This Order applies with respect to the sale for human consumption of all onions grown in New Zealand (except onions of the type known to the trade as "spring onions" and "shallots") that are sold on or before the 30th day of November, 1946, by any grower, distributor, wholesaler, or retailer.

(2) Every sale of any such onions shall be deemed to be a sale for human consumption unless at the time of the sale there is a bona fide agreement or stipulation between the buyer and the seller that the onions to which the sale relates are intended for a specific purpose other than human consumption.

FIXING PRICES OF ONIONS TO WHICH THIS ORDER APPLIES

Growers' Prices

8. (1) The maximum price that may be charged or received by any grower for any onions to which this Order applies shall be at the rate of the appropriate price prescribed in the following scale, namely :—

F.o.r.s.i. the grower's station.

(2) Where any onions sold by a grower are delivered by him otherwise than f.o.r.s.i. the grower's station, the maximum price that may be charged by the grower shall be the appropriate price fixed in accordance with subclause (1) hereof, 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 onions f.o.r.s.i. the grower's station.

Distributors' Prices

9. The maximum price that may be charged or received by any distributor for any onions to which this Order applies shall be at the rate of a price per ton equal to the sum of the following amounts :—

(a) The price per ton actually paid or payable to the grower by the same or any other distributor :
(b) The grading, transport, or other charges (if any) actually paid by the same or any other distributor on each ton of the onions :
(c) An amount computed at the rate of 25s. per ton.

10. Where any wholesaler who does not normally carry on business as a distributor sells any onions 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