Page:United States Statutes at Large Volume 58 Part 1.djvu/656

 636 Price offishery com- modity. Use of trade and brand names. Grade labeling and standardization of commodities. Maximum prices. Highest price line limitation. Notice of maximum prices for seasonal, etc., agricultural com- modity. Nonappllcability to 1944 crop. Unauthorized acts. Relief through de- claratory judgment. PUBLIC LAWS-CH. 325-JUNE 30, 1944 [58 STAT. "(i) No maximum price shall be established for any fishery com- modity below the average price of such commodity in the year 1942. "(j) Nothing in this Act shall be construed (1) as authorizing the elimination or any restriction of the use of trade and brand names; (2) as authorizing the Administrator to require the grade labeling of any commodity; (3) as authorizing the Administrator to stand- ardize any commodity, unless the Administrator shall determine, with respect to such standardization, that no practicable alternative exists for securing effective price control with respect to such com- modity; or (4) as authorizing any order of the Administrator fixing maximum prices for different kinds, classes, or types of a commodity which are described in terms of specifications or standards, unless such specifications or standards were, prior to such order, in general use in the trade or industry affected, or have previously been promul- gated and their use lawfully required by another Government agency. "(k) No regulation, order, or price schedule issued under this Act shall, after the effective date of this subsection, require any seller of goods at retail to limit his sales with reference to any highest price line offered for sale by him at any prior time. "(1) Before growers' maximum prices are established or lowered for any agricultural commodity which is the product of annual or seasonal pfanting, the Price Administrator shall give to such growers, not less than 15 days prior to the normal planting season in each major producing area affected, notice of the maximum prices he proposes to establish therefor: Provided, That in no case shall this subsection require such notice to be given more than 12 months prior to the beginning of the normal marketing season in such area. This requirement may be satisfied by publication in the Federal Register, but the Administrator shall utilize appropriate means to insure gen- eral publicity to such prices in the areas affected. The requirements of this subsection shall not apply to the 1944 crop of any agricul- tural commodity of any major producing area in which the normal planting season occurs prior to July 31, 1944. "(m) No agency, department, officer, or employee of the Govern- ment, in the payment of sums authorized by this or other Acts of Congress relating to the production or sale of agricultural com- modities, or in contracts for the purchase of any such commodities by the Government or any department or agency thereof, or in any allocation of materials or facilities, or in fixing quotas for the pro- duction or sale of any such commodities, shall impose any conditions or penalties not authorized by the provisions of the Act or Acts, or lawful regulations issued thereunder, under which such sums are authorized, such contracts are made, materials and facilities allo- cated, or quotas for the production or sale of any such commodities are imposed. Any person aggrieved by any action of any agency, department, officer, or employee of the Government contrary to the provisions hereof, or by the failure to act of any such agency, depart- ment, officer, or employee, may petition the district court of the dis- trict in which he resides or has his place of business for an order or a declaratory judgment to determine whether any such action or failure to act is in conformity with the provisions hereof and other- wise lawful; and the court shall have jurisdiction to grant appro- priate relief. The provisions of the Judicial Code as to monetary amount involved necessary to give jurisdiction to a district court shall not be applicable in any such case." AMENDMENTS TO SECTION 3 OF EMERGENCY PRICE CONTROL ACT OF 1942 56 Stat. pp. SEC. 103. (a) Subsection (e) of section 3 of the Emergency Price m, app. s903 (e). Control Act of 1942, as amended, is amended to read as follows:

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