28 Feb.] THE NEW ZEALAND GAZETTE 319

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.b.s.e.
a port in the South Island.

(3) Where any potatoes grown in the North Island are delivered
by a grower otherwise than f.o.r.s.e. the grower’s station, 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.e. the grower’s
station.

(4) Notwithstanding anything in the foregoing provisions of
this clause, where any extraordinary charges beyond the control
of the grower are reasonably incurred by him in or in the course of
delivering any potatoes at the place specified in any contract as
the place of delivery, the amount of such charges may, with the
approval of the Tribunal, be added to the price to be paid to the
grower for those potatoes.

• Distributors’ Prices

12. (1) Subject to the provisions of the next succeeding clause,
    the maximum price that may be charged or received by any dis-
    tributor for any potatoes grown in New Zealand 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 for the potatoes and for
the sacks :

(b) Any disbursements actually incurred and paid by the same
or any other distributor by way of brokerage (not
exceeding in the aggregate 2s. 6d. a ton) together with
any grading, transport, or other charges actually paid
by the same or any other distributor :

(c) An amount computed at the rate of 15s. a ton.

(2) Subject to the provisions of the next succeeding clause,
the maximum price that may be charged or received by any distributor
for any potatoes imported into New Zealand by the distributor or
any other person shall not exceed the sum of the following
amounts :—

(a) The landed cost of the potatoes to the importer at the port
of discharge :

(b) Any disbursements actually incurred and paid by the same
or any other distributor by way of brokerage in New
Zealand (not exceeding in the aggregate 2s. 6d. a ton)
together with any grading, transport, or other charges
incurred in New Zealand and actually paid by the same
or any other distributor :

(c) An amount computed at the rate of 15s. a ton.

13. 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 to by the parties to the trans-
    action : 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

14. (1) Subject to the provisions of clause 13 hereof, the
    maximum price that may be charged or received by any wholesaler
    for any potatoes grown in New Zealand and sold by him to a retailer
    for purposes of retail sale shall not exceed the sum of the following
    amounts :—

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

(b) An amount (not exceeding 4s. a ton) in respect of any
potatoes actually received into and delivered from the
wholesaler’s store, together with any grading, 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),
and, in the case of potatoes that have been actually
received into the wholesaler’s store, a further amount
equal to 1¼ per cent of the aforesaid sum :

(d) An amount computed at the rate of £1 5s. a ton for lots
of less than a half-ton, and at the rate of £1 a ton in
all other cases.

(2) Subject to the provisions of clause 13 hereof, the maximum
price that may be charged or received by any wholesaler for any
potatoes imported into New Zealand by the wholesaler or any other
person and sold by the wholesaler to a retailer for purposes of retail
sale shall not exceed the sum of the following amounts :—

(a) The price actually paid or payable by the wholesaler :

(b) An amount (not exceeding 4s. a ton) in respect of any
potatoes actually received into and delivered from the
wholesaler’s store, together with any grading, transport,
or other charges incurred in New Zealand and actually
paid by the wholesaler :

(c) In respect of potatoes that have been actually received
into the wholesaler’s store, an amount equal to 1¼ per
cent of the sum of the amounts specified in paragraphs (a)
and (b) hereof :

(d) An amount computed at the rate of £1 5s. a ton for lots
of less than a half-ton, and at the rate of £1 a ton in
all other cases.

C

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

15. 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

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

(2) For the purposes of this clause the term “ grade ” with
respect to any lot of potatoes means, as the case may require,
“ good table ” or “ f.a.q.” or “ under-grade.”

• Retailers’ Prices

17. (1) Subject to the following provisions of this clause, the
    maximum price that may be charged or received by any retailer
    for potatoes, whether grown in New Zealand or imported into New
    Zealand, shall not exceed the sum of the following amounts :—

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

(b) Any grading, 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, but subject to the provisions of sub-
clauses (4) and (5) hereof, the retail price of potatoes to which this
Order applies shall not in any case exceed the appropriate price set
out in the Schedule hereto.

(4) Where any potatoes to which this Order applies are sold by
retail in lots of 14 lb. or 28 lb. or 56 lb. or 112 lb., the maximum
retail price shall not in any case exceed :—

Where the Maximum
Retail Price (as Fixed by
the Last Preceding
Subclause) is—

3d. per lb. ..
3½d. per lb…
3¾d. per lb…
3⅞d. per lb…
4d. per lb. ..
4¼d. per lb…

Maximum Retail Price per Lot of—

14 lb. 28 lb. 56 lb. 112 lb.
s. d. s. d. s. d. s. d.
.. 3 4 6 6 13 0 25 9
.. 3 8 7 1 14 2 28 0
.. 4 0 7 7 15 2 30 0
.. 4 3 8 2 16 4 32 3
.. 4 6 8 8 17 4 34 3
.. 4 10 9 3 18 6 36 6

(5) Where any potatoes to which this Order applies are sold by
retail in any lot exceeding 14 lb., but otherwise than in a lot of the
actual weight specified in the last preceding subclause, the maximum
price per pound of any surplus over 14 lb. or over any multiple of
14 lb. (being less in every case than 14 lb.) shall be the appropriate
maximum price set out in the Schedule hereto.

(6) 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 pence or half-pence
(in the case of a lot 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.

(7) For the purposes of this clause the price paid or payable
by a retailer for any lot of potatoes and the grading, 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 1 lb. of potatoes
included in the lot shall be determined accordingly.

18. 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 special circumstances exist or, for any reason
    extraordinary charges (freight or otherwise) 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.

• Retailers to Exhibit Prices

19. 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.

• Branding of Good Table Potatoes

20. Every grower, distributor, or wholesaler who grades any
    potatoes as “ good table ” shall affix to every sack so graded a
    tag on which shall be written the words “ Good Table Grade ”
    and the name and address of the person so grading the potatoes :
    Provided, however, that where a grower so grading potatoes is a
    member of a growers’ association approved by the Minister of
    Agriculture his registered number may be given in place of his
    name and address.