3 JUNE

THE NEW ZEALAND GAZETTE

987

Distributors' Prices

12. (1) Subject to the provisions of the next succeeding clause,
    the maximum price that may be charged or received by any distributor
    for any potatoes other than imported potatoes 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, but not exceeding
    in any case the appropriate price set out in clause 11 of this
    Order;
    (b) The price actually paid or payable to the grower by the same
    or any other distributor for the sacks, but not exceeding in
    any case the appropriate price set out in clause 7 of this
    Order;
    (c) The sum of 4s. 2d. per ton to cover any grading and branding
    charges where actually incurred by the same or any other
    distributor;
    (d) The sum of 11s. 6d. a ton to cover transport, or other charges
    that may be incurred by the same or any other distributor;
    (e) Any disbursements actually incurred and paid by the same
    or any other distributor by way of brokerage but not
    exceeding in the aggregate 2s. 6d. a ton;
    (f) 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
    by 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 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

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 other than imported potatoes 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, but not
    exceeding in any case the appropriate price set out in clause
    11 or fixed by the provisions of clause 12 of this Order
    whichever is applicable;
    (b) The price actually paid or payable by the wholesaler to the
    grower or any other person for the sacks, but not exceeding
    in any case the appropriate price set out in clause 7 of this
    Order;
    (c) An amount (not exceeding 5s. 4d. 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;
    (d) An amount equal to 2½ per cent of the sum of the amounts
    specified in paragraphs (a) and (c) 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
    1½ per cent of the aforesaid sum;
    (e) An amount computed at the rate of £1 17s. 6d. a ton for
    lots of less than a half-ton, and at the rate of £1 10s. 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 5s. 4d. 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 1½ per cent of
    the sum of the amounts specified in paragraphs (a) and (b)
    hereof;
    (d) An amount computed at the rate of £1 17s. 6d. a ton for
    lots of less than a half-ton, and at the rate of £1 10s. a
    ton in all other cases.
    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 Wholesalers to Specify Weights and 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 weight and 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."
    (3) Where no grade is specified in any invoice, the potatoes
    referred to in the invoice shall, for the purpose of this Order, be
    deemed to be "under-grade."

Retailers' Prices

17. (1) Subject to the following provisions of this clause, the
    maximum price inclusive of the container that may be charged or
    received by any retailer for any potatoes to which this Order applies,
    shall not exceed the sum of the following amounts:
    (a) The price actually paid or payable by the retailer for the
    potatoes, but not exceeding the appropriate price fixed by
    the foregoing provisions of this Order:
    (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 subclauses
    (4) and (5) hereof, the retail price of potatoes inclusive of the container
    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 inclusive of the container shall not in any case exceed:

(5) For the purposes of this subclause, the term "specified weight"
means 14 lb., 28 lb., 56 lb., or 112 lb. Where any potatoes to which
this Order applies are sold by retail in any lot exceeding 14 lb., a
maximum price for the lot, inclusive of the container, shall be
calculated at the rate fixed in respect of the nearest specified weight
to the weight of the lot sold.
(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 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.