1506
THE NEW ZEALAND GAZETTE
[No. 75

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 the onions at the price paid by the wholesaler from whom he bought them.

Wholesalers’ Prices

11. (1) The maximum price that may be charged or received by any wholesaler for any onions to which this Order applies and which are sold by him to a retailer for purposes of retail sale 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 by the wholesaler to the grower or any other person:

(b) The transport or other charges (if any) payable by the wholesaler on each ton of the onions:

(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 or other natural causes):

(d) 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.

(2) For the purposes of this Order, and notwithstanding anything to the contrary in the said regulations, any person who sells any onions by retail in quantities of not less than 5 cwt. to any one purchaser for delivery at one time shall in respect of such sale be deemed to be a wholesaler, and the provisions of the last preceding subclause shall apply accordingly with respect to every such sale.

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

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

Retailers’ Prices

13. (1) Except as provided in subclause (2) of clause 11 hereof and subject to the provisions of subclauses (3), (4), (5), (6), and (7) hereof, the maximum price that may be charged or received by any retailer for any onions to which this Order applies shall be at the rate of a price per pound equal to the sum of the following amounts:—

(a) The price per pound actually paid or payable by the retailer for the onions:

(b) The transport or other charges (if any) paid or payable by the retailer on each pound of the onions:

(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 onions, 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, but subject to the provisions of subclauses (4) and (5) hereof, the retail price of any onions to which this Order applies shall not in any case exceed a price at the rate of the appropriate price prescribed in the following scale, namely:—

Pickler F.A.Q. Ungraded.
Grade. Per Pound. Per Pound.
Per Pound.

For old season onions sold in the month of December, 1945 .. .. 3½ 6 5

For other onions sold in the months of—
December, 1945—
1st to 15th (inclusive) .. .. 3½ 5 5
16th to 31st (inclusive) .. .. 3½ 4½ 4½
January, 1946 .. .. 3½ 3½ 3½
February, 1946 .. .. 3½ 3 2½
March, 1946 .. .. 3½ 2¾ 2¾
April, 1946 .. .. 3½ 2¾ 2¾
May, 1946 .. .. 3½ 3 2½
June, 1946 .. .. 3½ 3½ 2¾
July, 1946 .. .. 3½ 3½ 2¾
August, 1946 .. .. 3½ 3½ 3½
September, 1946 .. .. 3½ 4¼ 3½
October, 1946 .. .. 3½ 4¾ 3¾
November, 1946 .. .. 3½ 5½ 4½
December, 1946 .. .. 3½ 6 5

(4) Where any onions to which this Order applies are sold by retail in lots of 5 lb., or 10 lb., or 25 lb., or 50 lb., or 100 lb., the maximum price shall not in any case exceed the appropriate price prescribed in the following scale, namely:—

Where the Maximum Retail Price (as fixed by the last preceding Subclause) is

(5) Where any such onions are sold by retail in any lots exceeding 5 lb., but otherwise than in a lot of the actual weight specified in the last preceding subclause, the maximum price of any surplus over 5 lb. or over any multiple of 5 lb. (being less in every case than 5 lb.) shall be at the rate of the appropriate maximum price fixed by subclause (3) hereof.

(6) If in respect of any lot of onions sold by a retailer the maximum price calculated in accordance with the foregoing provisions of this clause is not an exact number of pence or half-pence, the maximum price of the lot shall be computed to the nearest upward halfpenny.

(7) 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 onions 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 nearest or most convenient of access to him. Any authority given by the Tribunal under this subclause may apply with respect to a specified lot or consignment of onions or may relate generally to all onions to which this Order applies sold by the wholesaler or retailer while the approval remains in force.

DUTIES IMPOSED ON RETAILERS

14. Every retailer who offers or exposes for sale any onions 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 onions 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 onions purchased:

(d) The quantity purchased:

(e) The price paid.

15. Every retailer who offers or exposes any onions to which this Order applies for sale in any shop shall keep in a prominent position in such proximity to the onions to which it relates as to be obviously in relation thereto a ticket, placard, or label on which shall be stated in legible and prominent characters the retail price per pound of the onions and the word “Pickler”, “Graded”, or “Ungraded”, as the case may be.

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. 466 (Milk) (Ashburton)

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. 466, and shall come into force on the 1st day of December, 1945.

2. In this Order—

“Ashburton Milk District” means the district of that name constituted under the Milk Act, 1944, by Order in Council dated the 15th day of August, 1945†:

“Commercial user” means a person who buys milk or cream for sale for consumption on his premises (whether in the form in which it is received by him or otherwise and whether separately or in combination with any other substance or substances):

“Consumer” means a person who buys milk or cream for purposes other than resale:

“Shop dairy” means a shop where milk or cream is sold for consumption or use off the premises and not otherwise and where the milk or cream so sold is sold in the form in which it was received into the shop dairy.

APPLICATION OF THIS ORDER

3. (1) Nothing in this Order shall apply with respect to milk or cream sold to a Hospital Board for use in any institution under the control of that Board or to milk or cream sold for use in any separate institution within the meaning of the Hospitals and Charitable Institutions Act, 1926.

(2) Except as provided in the last preceding subclause, this Order applies with respect to all milk and cream wherever produced that is sold—

(a) To the occupier of any shop dairy within the Ashburton Milk District; or

(b) By the occupier of a shop dairy or by any other person to a commercial user or to a consumer within the Ashburton Milk District.

FIXING PRICES OF MILK AND CREAM TO WHICH THIS ORDER APPLIES

4. (1) Subject to the following provisions of this clause, the maximum price that may be charged or received for any milk or cream to which this Order applies shall be the appropriate price set out in the Schedule hereto.

• Statutory Regulations 1939, Serial number 1939/275, page 1057,
  † Gazette, 17th August, 1945, Vol. II, page 1024.