24 FEB. THE NEW ZEALAND GAZETTE 295

SCHEDULE

FIXING ACTUAL AND MAXIMUM PRICES THAT MAY BE CHARGED BY GROWERS FOR SEED POTATOES TO WHICH THIS ORDER APPLIES

Dated at Wellington, this 24th day of February 1955.

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

[L.S.]

G. LAURENCE, Presiding Member.
H. PEARCE, Member.

Price Order No. 1597 (Main Crop Potatoes)

PURSUANT to the Control of Prices Act 1947, the Price Tribunal, hereby makes the following Price Order :

PRELIMINARY

1. This Order may be cited as Price Order No. 1597, and shall come into force on the 1st day of March 1955.

2. (1) Price Order No. 1533* is hereby revoked.

(2) The revocation of the said Price Order 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 Act ” means the Control of Prices Act 1947 :

“ Distributor ”, in relation to any lot of potatoes, means a wholesaler, as defined in the said Act, who sells those potatoes otherwise than to a retailer for purposes of retail sale :

“ Grower ”, in relation to potatoes, means a person engaged in the business of growing potatoes 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 :

The expression “ Good table ” in reference to any lot of potatoes means potatoes of good shape according to variety, not more than 15 per cent of which can be passed through a square the sides of which have an inside measurement of 2 in. ; the lot shall be free from green potatoes, from second growth, from dry or wet rots (including late blight or frost damage) ; the lot shall be practically free from earth, which shall not in any case exceed 3 per cent by weight of the lot ; the weight of the lot affected by mechanical injury (including bruises and cuts) shall not exceed 2 per cent ; and the lot shall be practically free from scab or other defects not herein mentioned :

The expression “ f.a.q. ” in reference to any lot of potatoes means potatoes of fair average quality, being potatoes not more than 15 per cent of which can be passed through a square the sides of which have an inside measurement of 2 in. ; not more than 2 per cent by weight of the lot shall be affected by dry or wet rots (including late blight or frost damage) or by severe mechanical injury (including severe bruises and cuts) ; and not more than 4 per cent by weight of the lot shall be affected as aforesaid or by second growth or by other defect ; and the lot shall be reasonably free from earth or from rough or unshapely tubers or from scab :

The expression “ Under-grade ” in reference to any potatoes: means potatoes that are not “ good table ” or “ f.a.q. ” potatoes :

The expression “ f.o.b.s.e. ” means “ free on board, sacks or other containers extra ”, and the expression “ f.o.r.s.e. ” means “ free on rail, sacks or other containers extra ”.

(2) Terms and expressions defined in the said Act, when used in this Order, have the meanings severally assigned thereto by that Act.

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 potatoes 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 the potatoes shall be determined accordingly.

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

*Gazette, 25 February 1954, Vol. I, page 317.

6. The several prices, allowances, and margins of profit fixed by this Order apply with respect to sales by auction as well as to other sales.

7. (1) The growers’ prices fixed by this Order do not include the cost of sacks or other containers.

(2) The maximum price that may be charged or received by a grower for the sacks in which any lot of potatoes to which this Order applies are packed shall be computed as follows :—

For sacks or bags of a size 48 in. by 26½ in., 46 in. by 26½ in., 44 in. by 26½ in., 46 in. by 23 in., 41 in. by 23 in., or 29 in. by 18 in :

At the rate of 17s. 6d. per ton of potatoes :

For all other sacks or bags : No extra charge.

(3) Where any potatoes to which this Order applies are packed in sacks the maximum price that may be charged or received for the potatoes shall be computed on the gross weight of the potatoes and the sacks.

APPLICATION OF THIS ORDER

8. (1) This Order applies to potatoes, including imported potatoes, that are intended for human consumption.

(2) All potatoes sold or delivered to a purchaser during the currency of this Order shall be deemed to be intended for human consumption unless they are sold for some other specific purpose.

9. (1) The provisions of this Order fixing growers’ prices shall apply only with respect to potatoes grown in New Zealand (a) that are the produce of seed potatoes planted on or before 31 January 1955 ; or (b) that are the produce of seed potatoes planted after 31 January 1955 and that are delivered to the purchaser after the commencement of this Order and on or before 31 May 1955.

(2) For the purposes of the last preceding subclause no potatoes sold on the basis of f.o.b.s.e. or f.o.r.s.e. shall be deemed to be delivered to the purchaser after the commencement of this Order if—

(a) In the case of sales f.o.b.s.e., the vessel on which the potatoes are laden leaves the port of shipment at any time before midnight of the 28th day of February 1955 ; or

(b) In the case of sales f.o.r.s.e., the trucks on which the potatoes are laden leave the grower’s station at any time before midnight of the said date.

(3) Except as provided in the last preceding subclause potatoes sold f.o.b.s.e. or f.o.r.s.e. shall be deemed to be delivered to the purchaser after the commencement of this Order notwithstanding that they may have been actually laden on board any vessel or trucks before the commencement of this Order.

10. (1) With respect to potatoes grown in New Zealand, the provisions of this Order as to distributors’ prices, wholesalers’ prices, and retailers’ prices respectively shall apply only with respect to potatoes (a) that are the produce of seed potatoes planted on or before 31 January 1955 ; or (b) that are the produce of seed potatoes planted after 31 January 1955, and that are sold on or before 31 May 1955.

(2) Except as provided in the last preceding subclause, the provisions of this Order as to distributors’ prices, wholesalers’ prices, and retailers’ prices respectively shall apply with respect to all potatoes intended for human consumption (whether grown in New Zealand or imported into New Zealand) that are sold by a distributor, wholesaler, or retailer (as the case may be) for delivery at any time after the coming into force of this Order.

FIXING PRICES OF POTATOES THAT ARE SUBJECT TO THIS ORDER

Growers’ Prices

11. (1) Subject to the foregoing provisions of this Order and to the following provisions of this clause the actual price which shall be charged or received by any grower for any good table grade or “ f.a.q. ” grade potatoes and the maximum price that may be charged or received by any grower for any under-grade potatoes to which this Order applies shall be determined in accordance with the following scale, namely :—