UC BERKELEY MASTER NEGATIVE STORAGE NUMBER 00-76.3 (National version of master negative storage number: CU SNO00076.3) MICROFILMED 2000 UNIVERSITY OF CALIFORNIA LIBRARY PHOTOGRAPHIC SERVICE USAIN State and Local Literature Preservation Project Funded in part by the National Endowment for the Humanities REPRODUCTION AVAILABLE THROUGH INTERLIBRARY LOAN OFFICE MAIN LIBRARY UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720-6000 COPYRIGHT The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted materials including foreign works under certain conditions. In addition, the United States extends protection to foreign works by means of various international conventions, bilateral agreements, and proclamations. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. University of California at Berkeley reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. Canners League of California | Specifications for California canned fruits; digest of... | San Francisco 1925 BIBLIOGRAPHIC RECORD TARGET University of California at Berkeley Library USAIN State and Local Literature Preservation Project Master negative storage number: 00-76.3 (national version of the master negative storage number: CU SN00076.3) Corporate Author: Canners League of California. Author: Canners League of California. Title: Specifications for California canned fruits; digest of new California "seconds" law, pro rata delivery rules [and] miscellaneous information. Imprint: San Francisco, 1925. Description: 24 p. 18cm. Call numbers: CSL State Lib HD9327.C2 C35 California Microfilmed by University of California Library Photographic Service, Berkeley, CA Filmed from hard copy borrowed from California State Library FILMED AND PROCESSED BY LIBRARY PHOTOGRAPHIC SERVICE, UNIVERSITY OF CALIFORNIA, BERKELEY, 94720 DATE: 3/00 | REDUCTION RATIO: 8 PM-1 3%2"x4" PHOTOGRAPHIC MICROCOPY TARGET NBS 1010a ANSI/ISO #2 EQUIVALENT 10 rd El 5 i [132 I 2.2 ill El Lo = fu [T— l= l= 5 ’ y fs Gaylord §|_amPHLET BINDER | = Syracuse, N..¥.] Call No. Ao H D 4 sr Above is the mark of the Canners League of California, an organization of fruit and vegetable canners, estab- lished January, 1905, which functions for the purpose of improving quality, standardizing trade practices, and the general upbuilding of the industry. A list of the membership and of the offi- cers and directors appears on pages 23 and 24 of this booklet. SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS CALIFORNIA'S MARKING LAW FOR CANNED FRUIT OF A GRADE BELOW STANDARD (Effective with the 1926 pack) The grade of all canned Apricots, Cherries, Peaches and Pears of a quality below Standard shall be embossed or lithographed directly into the tin of the top or cover of the can in letters not less than Y4-inch high. The description of the grades in the law corresponds exactly with the description of the Canners League of California grades in this booklet. Following is the wording required on the top of the can for all Second quality fruit; that is, fruit of a grade below Standard: Commercial Grade Name Mark Seconds (in not less than 10% syrup go in)...,..... i Seconds LC EE Ge ERR Seconds Without Added Sugar PIE ori irre hte ret tana Seconds Without Added Sugar No other marking or sticker or wrapping shall be placed on or about top or cover of the can of the above grades in a manner which will wholly or partially obscure or divert attention from the above designated marking, and if printed or lithographed labels are placed on the walls of the cans, they shall be so placed that the top of the label corresponds with the top of the can, but with a tolerance of ten per cent to cover errors in so placing the label. Nothing contained in the law shall be construed to prohibit the proper printing of factory can marks in ink or embossing on the top or cover of the can. Proper provision is made to permit the marketing for invalid use of high grade canned fruit to which no sugar has been added. Special labeling is designated for this purpose. Enforcement is in the hands of the Department of Agriculture and a sufficient sum of money is appropriated to provide inspection and proper enforcement with ade- quate penalties and confiscation, at the discretion of the court, in the event of violation. Provision is made for a board of canned fruit experts to whom appeal may be made in the event of dispute over the grade. This board is to operate only with regard to the enforcement of the law and cannot be called upon to determine commercial disputes. Particular attention is called to the fact that this law becomes effective with the 1926 pack. [2] CALIFORNIA STATE LIBRARY SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS SPECIFICATIONS FOR THE GRADES OF CALIFORNIA CANNED FRUITS Adopted by Canners League of California Also Approved by Southern California Canners Association rams (For additional copies of these standards, apply to any member of the Canners League of California.) \ This, the third edition of the Canners League of California Canned Fruit Standards, makes no changes in the actual standards except that in conformity with the new California law (effective with the 1926 pack), which is covered in detail in another part of this booklet, canned Apricots, Cherries, Peaches and Pears of a grade below Standard are grouped under the one general heading of “Seconds.” It is anticipated that in trading, the heretofore commonly used nomenclature on these grades (Seconds, Water and Pie) will continue to apply. This edition for the first time includes schedules of the maximum number of pieces of fruit permissible in the cans of each size, for the different grades of Apricots, Pears, Peaches, and Cherries; also the minimum number of pieces per can of Pears and Peaches; also the variation in the number of pieces per can permissible in any single parcel of Apricots, Pears, Peaches, or Cherries. Schedules have not yet been adopted for Plums or Grapes. The same specifications as to quality of grade apply to all sizes of cans. Unless otherwise specified, fruits listed below are under- stood to mean: Apricots—Approximate halves, unpeeled fruit. Pears and Peaches—Approximate halves, peeled fruit. Cherries, Plums, Grapes—Whole unpeeled fruit. [3] SPECIFI CATIONS FOR CALIFORNIA CANNED FRUITS SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS Heavy Syrups to be used on Apricots, Peaches and Plums, and, beginning with 10% sugar by weight on Sec- onds, to increase in steps of 15% to each grade. Light Syrups to be used on Pears, Cherries and Grapes, GENERAL DESCRIPTION OF GRADES and, beginning with 10% sugar by weight on Sec- onds, to increase in steps of 10% to each grade. - | Either the Brix or Balling Scale is used on hydrometers or saccharometers to indicate the percentage by weight | Superlative Quality—The top grade to be designated of sugar going into the solution, the terms “per- | “Fancy” and packed in extra heavy syrup. centage” and “degree” being synonymous when using these instruments. . - | Fine Quality—The grade between the top and the Standard It is to be understood in connection with the | Grade to be designated “Choice” and packed in heavy system of nomenclature herein adopted that the syrup. grades of the different varieties of fruits are to : follow, as closely as is practicable, these general specifications together with the detailed specifica- Good Quality—The medium grade to be designated i tions for each grade and variety; and it is to be “« ” ‘ . : understood that the words or expressions descriptive Standard” and packed in medium syrup. of grade are used in the following definitions with | the significance which they generally carry among | Second Quality—Fruit packed: the American canned foods trade. Also, while goods | In 10% syrup to be designated “Second.” for any grade must not go below the qualifications { fixed for such grade, nevertheless, in comparing a | In Water to be designated “Water.” delivery of the pack of one season with a delivery of the pack of another season, it must be borne in mind that a great variation in the quality of the raw material one season as compared with another is possible and such variation will necessarily be re- flected in the quality of the pack of each grade of the varieties affected, one season as compared with another. Solid for Bakery Use to be designated “Pie.” [4] | [51 SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS MAXIMUM NUMBER OF PIECES PER CAN 1 1 2 Fiat Fa fon 2% #3 210 TET a MAXIMUM VARIATION IN THE NUMBER 18 20 24 30 36 23 26 31 43 50 OF PIECES PER CAN Apricots Pears and Peaches 1 1 2 : . Picnic Fae Fi £2 #24 #3 Choice ........ oh Apricots 4 5 6 7 4 6 7 ] Royal Anne Cherries 5 7 8 9 Choice ....... Standard ........ White Cherries and Black Cherries Fancy .......... 49 79 Choice .......... 61 99 129 | | | | g | | MINIMUM NUMBER OF PIECES PER CAN White Cherries and Black Cherries 1 1 2 Picnic £ £ £3 #2 #3 #10 All Grades Apricots ........... (No minimum) Pears and Peaches.. 3 3 4 Royal Anne Cherries (No minimum) White Cherries and Black Cherries .... (No minimum) [6) SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS VARIETY—GRADE—SYRUP and DESCRIPTION OF FRUIT PACKED CHOICE STANDARD SECONDS APRICOTS In Syrup, 55% Sugar When Packed. Fruit to be of very high color, ripe yet retaining its form and free from blemishes serious for the grade, halves uniform in size and very symmetrical. In Syrup, 40% Sugar When Packed. Fruit to be of high color, ripe yet retain- ing its form and free from blemishes serious for the grade, halves uniform in size and symmetrical. In Syrup, 25% Sugar When Packed. Fruit to be of reasonably good color and reasonably free from blemishes serious for the grade, halves reasonably uniform in size, color, and degree of ripeness, and reason- ably symmetrical. In Syrup, 10% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size, color, and degree of ripeness. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size, color, and degree of ripeness. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. [8] SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS CHOICE BARTLETT PEARS In Syrup, 40% Sugar When Packed. Fruit to be of very fine color, ripe yet not mushy, and free from blemishes serious for the grade, halves uniform in size and very symmetrical, In Syrup, 30% Sugar When Packed. Fruit to be of fine color, ripe yet not mushy, and free from blemishes serious for the Bade, halves uniform in size and symet- rical. STANDARD In Syrup, 20% Sugar When Packed. SECONDS Fruit to be of reasonably good color, ripe yet not mushy, and reasonably free from blemishes serious for the grade, halves rea- sonably uniform in size and reasonably symmetrical. In Syrup, 10% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes - serious for the grade, halves tolerably uni- form in size. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. I re Pe SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS YELLOW CLING PEACHES CHOICE In Syrup, 55% Sugar When Packed. Fruit to be of very high color, ripe yet not mushy, and free from blemishes serious for the grade, halves uniform in size and very symmetrical. In Syrup, 409% Sugar When Packed. Fruit to be of high color, ripe yet not mushy, and free from blemishes serious for the grade, halves uniform in size and sym- metrical. STANDARD In Syrup, 25% Sugar When Packed. SECONDS Fruit to be of reasonably good color and reasonably free from blemishes serious for the grade, halves reasonably uniform in size, color, and degree of ripeness, and reasonably symmetrical. In Syrup, 109% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size, color, and degree of ripeness. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size, color, and degree of ripeness. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS SLICED YELLOW CLING PEACHES FANCY CHOICE STANDARD SECONDS In Syrup, 55% Sugar When Packed. Fruit to be of very high color, ripe yet not mushy, and free from blemishes serious for the grade, slices uniform in size and very symmetrical. In Syrup, 40% Sugar When Packed. Fruit to be of high color, ripe yet not mushy, and free from blemishes serious for the grade, slices uniform in size and sym- metrical. In Syrup, 25% Sugar When Packed. Fruit to be of reasonably good color and reasonably free from blemishes serious for the grade, slices reasonably uniform in size, color, and degree of ripeness, and reason- ably symmetrical. In Syrup, 109% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade, slices tolerably uni- form in size, color, and degree of ripeness. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade, slices tolerably uni- form in size, color, and degree of ripeness. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS YELLOW FREE PEACHES CHOICE In Syrup, 55% Sugar When Packed. Fruit to be of very high color, ripe yet retaining its form and free from blemishes serious for the grade, halves uniform in size and very symmetrical. In Syrup, 40% Sugar When Packed. Fruit to be of high color, ripe yet retain- ing its form and free from blemishes serious for the grade, halves uniform in size and symmetrical. STANDARD In Syrup, 25% Sugar When Packed. SECONDS A Fruit to be of reasonably good color and reasonably free from blemishes serious for the grade, halves reasonably uniform in size, color, and degree of ripeness, and rea- sonably symmetrical. In Syrup, 10% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size, color, and degree of ripeness. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade, halves tolerably uni- form in size, color, and degree of ripeness. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS CHOICE MUSCAT GRAPES In Syrup, 409% Sugar When Packed. Fruit to be of very fine quality, ripe, free from blemishes serious for the grade and uniform in size. In Syrup, 30% Sugar When Packed. Fruit to be of fine quality, ripe, free from blemishes serious for the grade and uniform in size. STANDARD In Syrup, 20% Sugar When Packed. SECONDS Fruit to be of good quality, reasonably free from blemishes serious for the grade and reasonably uniform in size and degree of ripeness. In Syrup, 109% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above ‘grades. SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS CHOICE ROYAL ANNE CHERRIES In Syrup, 40% Sugar When Packed. Fruit to be of very fine quality, ripe, free from blemishes serious for the grade and uniform in size. In Syrup, 30% Sugar When Packed. Fruit to be of fine quality, ripe, free from blemishes serious for the grade and uniform in size. STANDARD In Syrup, 20% Sugar When Packed. SECONDS Fruit to be of good quality, reasonably free from blemishes serious for the grade, and reasonably uniform in size and degree of ripeness. In Syrup, 10% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes . serious for the grade and tolerably uniform in size. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS FANCY CHOICE WHITE CHERRIES BLACK CHERRIES In Syrup, 40% Sugar When Packed. Fruit to be of very fine quality, ripe, free from blemishes serious for the grade and uniform in size. In Syrup, 30% Sugar When Packed. Fruit to be of fine quality, ripe, free from blemishes serious for the grade and uniform in size. STANDARD In Syrup, 20% Sugar When Packed. SECONDS Fruit to be of good quality, reasonably free from blemishes serious for the grade, and reasonably uniform in size and degree of ripeness. In Syrup, 10% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. A A std Seiioecmieraerasontemremsr amr or SPECIFICATIONS FOR CALIFORNIA CANNED FRUITS CHOICE PLUMS In Syrup, 55% Sugar When Packed. Fruit to be of very fine quality, free from blemishes serious for the grade and uniform in size. In Syrup, 40% Sugar When Packed. Fruit to be of fine quality, free from blem- ishes serious for the grade and uniform in size. STANDARD In Syrup, 25% Sugar When Packed. SECONDS Fruit to be of good quality, reasonably free from blemishes serious for the grade and reasonably uniform in size. In Syrup, 10% Sugar When Packed. Trade designation “Seconds.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed in Water. Trade designation “Water.” Fruit to be tolerably free from blemishes serious for the grade and tolerably uniform in size. Packed Solid for Bakery Use. Trade designation “Pie.” Wholesome fruit unsuited for above grades. RULES FOR PRO RATA DELIVERIES RULES FOR GUIDANCE OF CANNERS LEAGUE IN JUDGING PRO RATA DELIVERIES Approved by the membership of the Canmers League of California a the Fenwal Méeting, held at Del Monte, California, February to 29, . Rules of Procedure 1. A member requesting the Canners League of California to furnish pro rata delivery certificate shall apply for same in writing through the Secretary of the League. Immediately upon the receipt of such request, the Secretary shall transmit to the applicant a copy of the application blank, which is attached hereto and is a part of these rules. 2. Upon receipt of the application blank properly filled out and signed, the Secretary, or his duly authorized representatives, shall promptly verify from all available original records the data sub- mitted in the application blank and shall secure any additional information which, in his judgment, is pertinent. The cost of such investigation and any subsequent investigation hereinafter authorized shall be borne by the applicant, and the applicant shall agree to hide by the findings, as specifically provided in the application 3. At the first meeting of the Executive Committee following receipt and verification of the application, the Secretary shall, with- out indicating the name of the applicant, report to the Committee in brief the general facts covering the application. Upon receipt of such report it shall be the duty of the presiding officer to appoint forthwith, subject to the approval of those present, a sub-committee of three (of which the Secretary shall be one) to pass upon the application. Said sub-committee may appoint an investigator or investigators, an auditor or auditors, all expenses of the investiga- tion to be paid by the applicant. : In case the sub-committee decides, after its investigation, that the pro rata delivery is in order, it shall direct the Secretary to issue the Canners League certificate. In case the sub-committee decides, after investigation, that the delivery is not so justified, its report shall be made to the Executive Committee of the Canners League, which Committee, acting as a whole, shall assess the damages for the short delivery, or, in the case of the British Isles contract, refuse to issue a certificate or refer the application back for reconsideration by the sub-committee. General Rules 1. The Pro Rata Delivery clause is incorporated in the Canners League of California Canned Foods Contract for the protection of the canner who follows the legitimate practice of selling goods “future” to be packed to order, in the event of causes beyond the canner’s control preventing him from packing the goods in question. The provision whereby the buyer may call on the canner making a ion wi 75% delivery, for a certificate from the Canners League justifying such short delivery, is inco ted in the contract for the protection of the buyer against short deliveries due to the incompetence or dishonesty of the canner and not to causes beyond his control. [17] RULES FOR PRO RATA DELIVERIES Where a canner claims crop damage as the cause of his short delivery, he must show that at some time subsequent to the date of sale and prior to the date of the claimed damage to the crop he owned or controlled by written contract not later repudiated by the grower, raw material of the quantity and of the quality necessary for the packing of the goods in question. The Canners League will not certify to the propriety of any canner’s claim to the right to make short delivery on any ground whatsoever, unless the canner is able to prove to the satisfaction of the Canners League that he would have been able to pack orders sold, in full, but for the interference of the causes or conditions beyond the canner’s control, specified by the canner in his applica- tion for the certificate. 2. In determining whether an investigation is to be based on the British Isles or the domestic contract, the contract form itself shall govern without regard to whether the delivery is actually made domestic or export. 3. All purchases of fruit and vegetables from growers must be substantiated by signed contracts. Verbal contracts or even records showing that the fruit from a certain orchard has been received over a number of years will not be accepted. 4. The fact that a canner has a contract covering certain tonnage estimated by the grower is not prima facie evidence. It is the duty ‘of the canner, through his field men, to check the estimates of the grower and through this means to know that at the time the fruit was purchased the estimate of the tonnage was reasonable. 5. In judging how many cases per ton of any variety a canner could reasonably anticipate, following shall be the basis : Either the average number of cases per ton of the variety in question he obtained in the previous three years; or, the number of cases per ton of the variety in question he obtained in the pack actually made—whichever is the greater. ExamMpLE A—If canner’s Yellow Cling Peach outturn was 43 cases in 1921, 42 cases in 1922 and 44 cases in 1923, and it was 44 cases in the current year (1924), then 44 would be the base, for it is higher than the average of the three preceding years (43). If the current year outturn was 42 or any other figure below 43, then 43, the three-year average, would govern. If the canner has operated less than four consecutive years, then the average for the number of consecutive years he has operated, excluding the current year, will be the base, unless the outturn for the year in question is greater. 6. In judging how large a percentage of any grade of any variety a canner could reasonably anticipate, following shall be the basis: : Either the average of the percentage of the grade he obtained during the previous three years, or the percentage of the grade he obtained in the pack actually made—whichever is the greater. ExampLe B—If a canner packed 42% Choice in 1921, 33% Choice in 1922, 45% Choice in 1923 and 43% Choice in the current year, then the 43% would be the base, for it would be higher than the average of the three preceding years (40%). If the current year outturn was 39% or any other figure below 40%, then 40%, the three-year average, would govern. [18] RULES FOR PRO RATA DELIVERIES If the canner has operated less than four consecutive years, then the average for the number of consecutive years he has operated, excluding the current year, will be the base, unless the outturn for the year in question is greater. 7. Where an investigation shows that the canner has supplied a less quantity than his obligation to the buyer requires him to supply, the penalty shall be based on the difference between the amount supplied and the amount which he should supply. No consideration will be given to whether the amount delivered, plus the penalty, equals or exceeds 75%. However, the Board, without violation of this rule, may establish tolerances, but such tolerances if established will have no bearing whatever on the 75% clause in the sales contract. 8. In determining whether a canner has pro-rated his stock fairly, all size cans of a given grade shall be included in the com- pilation of the proper percentage delivery where more than one size of can is used, but it will be held that a canner has made a fair pro rata delivery of any item if the percentage of that item delivered 1s not more than 5% below the average delivery of the grade in question, said 5% to apply on 100% of the quantity sold. This, however, in no way to a%ect canner’s responsibility when necessary to deliver at least 75%. In determining pro rata delivery of Seconds, Water also shall be included in the average, and vice versa, for the reason that under the Canners League of California specifications, Water and Seconds differ only as regards syrup. 9. While the League can offer no objection to a canner forcing his grades, he is not required to do so; that is, he is not required because he has oversold Standards, for example, to pack Choice fruit, if available, in the Standard grade to make up the shortage. However, this does not relieve the canner of responsibility for a cash settlement if he has oversold any particular grade or has violated these rules in any other particular. 10. When nothing in the nature of a catastrophe covered cifically by the contract has occurred, the maximum variation which may be recognized as having been brought about by the following causes, taken together or separately, is 25% : 1. "Failure of the grower to deliver tonnage up to the can- ner’s estimate. The canner must accept this responsibility because shortages which cannot be otherwise explained are gen- erally not crop shortages at all, but simply deliveries short of estimates which were too high because carelessly made. 2. Failure of the grower to deliver any tonnage. The buyer should not suffer because of the canner’s placing confidence in an unreliable grower. : 3. Failure of the canner to get out of the raw material the number of cases per ton which he was justified in estimating at the time sale was made, the basis for such estimates being indicated herein. : 4. Failure of the canner to get out of the raw material the relative percentage of grades which he was justified in esti- mating at the time the sale was made, the basis for such estimates being indicated herein. The Canners League will make due allowance for the comparative difficulty of producing the higher grades from the raw material of the quality avail- able after a partial crop failure, or following unfavorable growing conditions, especially with varieties like Asparagus or [19] RULES FOR PRO RATA DELIVERIES Peas. The difficulty of producing the higher grades under such conditions should also be borne in mind by canners when they sell high grades after a drought, or against a contracted tonnage to come from trees that have been insufficiently thinned or improperly sprayed, etc. 5. Any other cause not attributable to a specific catastrophe covered by the contract. ExaMpLe C—If canner is able to prove proper purchase of 1,000 tons of Yellow Cling Peaches and under these rules is justified in estimating 43 cases to the ton and 40% of the total to be Choice, then he had the right to sell on the basis of 43,000 cases total and 17,200 cases Choice. The maximum reduction below 17,200 cases of Choice which the Canners League may sanction for any or all of the five above causes will be 25% of 17,200 cases, or 4,300 cases. Thus, the minimum delivery must be 12,900 cases of Choice, and no delivery to any individual shall be less than 75% of each item of Choice sold. Canners must not assume that in cases of this kind as great a tolerance as 25% will be given as a matter of course. 11. When a canner has sold a greater quantity of any grade or uality of a grade than his proper expectancy, as determined by a rules, he will be required to make full delivery of the quantity sold in excess of his reasonable expectancy. This quantity is deter- mined by applying the greatest percentage he could reasonably expect of the grade in question to his total reasonable expectancy of the variety in question. ; ExAMPLE D-—A canner has sold 20,000 cases of canned Choice Yellow Cling Peaches. If against this sale he has pur- chased only 1,000 tons of Yellow Cling Peaches, and his previous records as determined by these rules indicate that he d no right to anticipate more than 43 cases to the ton or a total pack of all grades from 1,000 tons of 43,000 cases; and further, that his previous records as determined by these rules indicate that he had no right to anticipate more than 40% Choice (40% of 43,000 cases), then his maximum, reasonable, anticipated pack of Choice would be 17,200 cases. Having sold 20,000 cases in the face of the fact that there was no reason to suppose he would be able to pack more than 17,200 cases, he is responsible to his buyers for the full difference of 2,800 cases. These 2,800 cases would be pro-rated on such contracts as were short delivered, pro rata percentage to apply on the basis of the original quantities under contract. If the pro rata on any contract brings it to more than 100 per cent, any excess shall be pro-rated among the remainder of such contracts. Any reduction allowed on the ground of unforeseeable variation from the estimated percentage of the grade may be applied only to the quantity corresponding to the percentage the canmer could reasonably expect to pack. ExamprLe E—If, referting back to Examples C and D, canner, for causes recognized by the Canmers League as rea- sonably beyond canner’s control, is able to deliver only 12,900 cases of Choice, while canner may be given the benefit of the reduction of 4,300 cases, canner will still be called on to deliver the 2,800 cases in addition to the 12,900 cases, or 15,700 cases in all, or 78.5% of his contracts. [20] RULES FOR PRO RATA DELIVERIES 12. Where a canner has made additional sales of any grade of any variety after he has reason to doubt his ability to make full delivery of the goods in question, such sales shall be deducted from his total sales of that grade of that variety before the pro rata percentage is figured. The canner will be expected to give buyers placing such late orders 100% protection either in the form of goods, or, at canner’s option, where the market has advanced, cash compensation, on account of short or non-delivery. ExaMpLE F—If a catastrophe came July 1 or if on July 1 it became doubtful that, for any cause whatever, the canner could make 100% delivery of Choice Peaches, yet subsequent to that date he sold 1 ,000 cases of Choice Peaches, such sale would not be considered in determining the pro rata, but the canner would be obligated to the buyer for the full 1,000 cases. 13. Where, at a time when a canner has reason to doubt his ability to make full delivery of any grade of any variety, he makes delivery of certain orders for certain items of that grade of that variety in full or in greater percentage than the ratio of the final pack to sales, the fact of these deliveries having already been made must not be taken into consideration in arriving at the proper pro rata delivery of the grade in question of the variety in question. ExampLe G—If a canner, on September 1, having reason to believe that due to any cause whatever he could not make full delivery of Choice Peaches and in spite of this he should deliver to some buyer 1,000 cases on a 1,000-case contract and later applies for a certificate covering short delivery, no credit would accrue to him for this delivery of 1,000 cases. In other words, despite the fact of his having delivered the 1,000 cases, the contract on which such delivery has been made would be figured in the total as though he had delivered only the pro rata authorized. The same would be true if he had made a delivery of any quantity more than the pro rata finally authorized. 14. Where, on the other hand, at a time when a canner has no reason to doubt his ability to make generally full delivery or the percentage delivery he starts to make, he makes delivery of certain orders for certain items of that grade of that variety in full or in the aforesaid percentage, and then is unable to do as well on later deliveries on account of his pack failing to come up to. his estimate, not because of something in the nature of a catastrophe intervening but simply because of an unforeseeable variation which is possible in all packs as compared with estimates, the canner shall not be penalized if he pro-rates his remaining stocks uitably among his unfilled contracts, provided, however, in case no ing in the nature of a alastophe has intervened, that no contract is reduced more an . RULES FOR PRO RATA DELIVERIES APPLICATION FOR PRO RATA DELIVERY CERTIFICATE Date To Canners League of California, 112 Market Street, San Francisco, California. Under the terms of the Canners League of California (Domestic or United Kingdom) Sales Contract, we hereby make application for a certificate or penalty assessment covering per cent delivery of Commodity Grade Size of Container i On presentation of bill we will pay the cost of inves- tigation. In the event of a penalty, we will settle with buyer on the basis of the findings. Reasons for short delivery Tons of Raw Material Contracted Tons of Raw Material Delivered Percentage Reduction in Receipts Raw Material Thorough investigations were made in the field and esti- mates of tonnage revised during season as follows: Date Amount Following were our pack and sales: Per cent Per cent IZE AN RAD Cases Cases TOTAL Total Pack This Commodity in Three Previous Consecutive Years: Signature By Address CANNERS LEAGUE OF CALIFORNIA 112 Market Street : San Francisco, California OFFICERS E. E. CHASE, President, Richmond-Chase Co., San Jose, Calif. _ Lesvie S. Smith, Vice President, Kings County Packing Co., Armona, Calif. G. H. Braor, Vice President, Hunt Brothers Packing Co., 2 Pine St., San Francisco, Calif. Preston MCKINNEY, Vice President and Secretary, 112 Market St., San Francisco, Calif. R. R. BELLINGALL, Treasurer, Pacific Coast Canning Co., 12th and Pine Sts., Oakland, Calif. F. A. Dixon, Director Experimental Horticulture, 112 Market St., San Francisco, Calif. DIRECTORS E. E. Chase, Richmond-Chase Co., San Jose, Calif. J. C. Ainsley, J. C. Ainsley Packing Co., Campbell, Calif. R. M. Barthold, California Packing Corporation, 101 California St., San Francisco, Calif. R. R. Bellingall, Pacific Coast Canning Co., 12th and Pine Sts., Oak- land, Calif. Allan Cutler, Cutler-Lobingier Packing Co., Ontario, Calif. A. W. Eames, California Packing Corporation, 101 California St., San Francisco, Calif. A. J. Field, Bay Side Canning Co., 260 California St., San Fran- cisco, Calif. W. A. Gellersen, Libby, McNeill & Libby, 465 California St., San Francisco, Calif. Geo. N. Herbert, Herbert Packing Co., San Jose, Calif. C. be Jiume, G. W. Hume Co., 311 California St., San Francisco, alif. D. L. Smith, Smith-Frank Packing Co., Sacramento, Calif. Leslie S. Smith, Kings County Packing Co., Armona, Calif. Chas. E. Virden, Virden Canning Co., 155 Montgomery St., San Francisco, Calif. F. A. Wilder, Pratt-Low Preserving Co., Santa Clara, Calif. EXECUTIVE COMMITTEE Pe E. Booth, Chairman, F. E. Booth Co., 110 Market St., San Fran- cisco, Calif. R. M. Barthold, California Packing Corporation, 101 California St., San Francisco, Calif. G. HE Brads, Hunt Brothers Packing Co., 2 Pine St., San Francisco, if. G. N. Edwards, Winters Canning Company, Suisun, Calif. W. A. Gellersen, Libby, McNeill & Libby, 465 California St., San Francisco, Calif. H. E. MacConaughey, Hawaiian Pineapple Co., Ltd.,, 215 Market St., San Francisco, Calif. CL, ¥ilden, H. G. Prince & Co., 217 Front St., San Francisco, Calif. F. A. Wilder, Pratt-Low Preserving Co., Santa Clara, Calif. [23] MEMBERS J. C. Ainsley Packing Co., Campbell, Calif. Association of Hawaiian Pineapple Canners, Honolulu, T. H. Barron-Gray Packing Co., San Jose, Calif. Bay Side Canning Co., Alviso, Calif. The Beckwith Co., Reedley, Calif. F. E. Booth Co., 110 Market St., San Francisco, Calif. California Packing Corporation, 101 California St., San Francisco, if. Cutler-Lobingier Packing Co., Ontario, Calif. D. Di Fiore Canning Co., San Jose, Calif. Filice & Perrelli Canning Co., Gilroy, Calif. The J. H. Flickinger Co., San Jose, Calif. : Golden State Asparagus Co., 16 California St., San Francisco, Calif. Greco Canning Co., San Jose, Calif. Herbert Packing Co., Inc., San Jose, Calif. Hershel California Fruit Products Co., San Jose, Calif. Hickmott Canning Co., 320 California St., San Francisco, Calif. Hollister Canning Co., Hollister, Calif. G. W. Hume Co., 311 California St., San Francisco, Calif. Hunt Bros. Packing Co., 2 Pine St., San Francisco, Calif. Geo. E. Hyde & Co., Campbell, Calif. Isleton Canning Co., 2 Pine St., San Francisco, Calif. Kings County Packing Co., Armona, Calif. Libby, McNeill & Libby, 465 California St., San Francisco, Calif. The Lodi Canning Co., Lodi, Calif. Manteca Canning Co., Manteca, Calif. The Ocean Shore Canning Co., Halfmoon Bay, Calif. Pacific Coast Canning Co., 12th and Pine Sts., Oakland, Calif. Pacific Coast Syrup Co., 731 Sansome St., San Francisco, Calif. Pacific Pea Packing Co., Oakdale, Calif. Placer County Growers Canning Association, Lincoln, Calif. Pratt-Low Preserving Co., Santa Clara, Calif. H. G. Prince & Co., Fruitvale, Oakland, Calif. Prjtan Preserve Co., 928 Bryant St., San Francisco, Calif. Richmond-Chase Co., San Jose, Calif. Santa Cruz Fruit Packing Co., Seabright, Calif. The Shaw Family, Inc., San Jose, Calif. Smith-Frank Packing Co., 13th and B Sts., Sacramento, Calif. Sussman, Wormser & Co., 18th and Shotwell Sts., San Francisco, if. Thomas-Body Co., 900 19th Ave., Oakland, Calif. United States Products Corporation, San Jose, Calif. Virden Canning Co., 155 Montgomery St., San Francisco, Calif. Winters Canning Co., Suisun, Calif. F. G. Wool Packing Co., San Jose, Calif. Workman Packing Co., 432 7th St., San Francisco, Calif.