Page:United States Statutes at Large Volume 60 Part 1.djvu/704

 60 STAT.] 79TH CONG. , 2D SESS.-CH. 671-JULY 25, 1946 suant to the lowest bid made in response to an invitation for com- petitive bids. "The Administrator shall not institute or maintain any enforcement action under this subsection against any manufacturer of apparel items where the Administrator shall determine (1) that the transactions on which such proceeding is based consisted of the manufacturer's selling such an item at his published March 1942 price list prices instead of his March 1942 delivered prices, and (2) that the seller's customary pricing patterns for related apparel items would be dis- torted by a requirement that his ceilings be the March 1942 delivered prices. The Administrator's determinations under this paragraph shall be subject to review by the Emergency Court of Appeals in accordance with sections 203 and 204." SEC. 13. The third sentence of paragraph (2) of section 205 (f) of the Emergency Price Control Act of 1942, as amended, is amended to read as follows: "If any such court finds that such person has violated any of the provisions of such license, regulation, order, price schedule, or requirement after the receipt of the warning notice, such court shall issue an order suspending the license to the extent that it authorizes such person to sell the commodity or commodities in con- nection with which the violation has occurred, or to the extent that it authorizes such person to sell any commodity or commodities with respect to which a regulation or order issued under section 2, or a price schedule effective in accordance with the provisions of section 206, is applicable; but no suspension shall be for a period of more than twelve months, and if the defendant proves that the violation in question was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation, then in that event no suspension shall be ordered or directed." SEC. 14. Section 3 of the Stabilization Act of 1942, as amended, is amended by adding at the end thereof the following new paragraph: "On and after the date of the enactment of this paragraph, it shall be unlawful to establish, or maintain, any maximum price applicable to manufacturers or processors, for any major item in the case of products made in whole or major part from cotton or cotton yarn or wool or wool yarn, unless the maximum price for such major item is fixed and maintained at not less than the sum of the following: "(1) The cotton or wool cost (which must be computed at not less than the parity price or the current cost, whichever is greater, of the grade and staple of cotton or wool used in such item, delivered at the mill); "(2) A weighted average of mill conversion costs; and (3) A reasonable profit (which shall not be less than a weighted average profit for each unit of such item equal to the weighted average of the profit earned on an equivalent unit of such item during the period 1939 to 1941, both inclusive)." SEC. 15. The Secretary of Agriculture, through the Commodity Credit Corporation or otherwise, is hereby authorized to allocate feed which he controls to feeders of livestock and poultry in domestic areas which he may determine to be in an emergency shortage con- dition with respect to animal and poultry feed. SEC. 16. (a) In the event producers of wheat are required by an order issued pursuant to the Second War Powers Act, 1942, as amended, to sell all or any part of wheat delivered to an elevator prior to April 1, 1947, the Commodity Credit Corporation shall offer to purchase the wheat so required to be sold at a price determined as follows: The purchase price paid for the wheat shall be the market price at the 677 Enforcement action against manufacturer of apparel. 56 Stat. 31 . 50 U. S. C., Supp. V, app. §S 923, 921. 56 Stat. 35 . 50 U. S. C., Supp. V, app. § 925 (f) (2). Suspension of li- cense. 56 Stat. 24. 50U. S. O., Supp. V,app. §902. Ante, pp. 57, 214, 670, 671, 673. 56 Stat. 35 . 50U. S. C., Snpp. v, app. 926. 56 Stat. 766. 50U.S.C., 8upp. V,app. 1963. Maximum prices on cotton or wool prod- ucts, restriction. Allocation of feed. Purchase of wheat by CCC. 56 Stat. 176. 50 U. S. C., Supp. V, app. s§ 631-645a. Ante, pp. 345, 346; post, p. 868. Election of date by producer.

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