S8.1 /9^fP Vir.R ?• '■■ (iMVERSlTY OF ILL>l'i( locke t UNITED STATES TEFAKTmiT CF AGKICIUTUHE AGKL CULTURAL AEJT'STMIJT ArUIUISTPATICN PECFOSED AiffiUrivIEUTS BY CONTHACTrUG KAUDLEHS TO IVIARKETIEG AGHEEivIFUT FOE SHIPFEES OF FEESH LETTUCE, FEAS, AUD CAULIFLCU-J:^ GEC'.TU IN WESTERN WASHINGTON. These Proposed Amendments hy Gcntracting Handlers to Marketing Agreement for Shippers of Fresh Lettuce, Peas, and Cauliflov^er Grora in Western Washington in their present form are proposed as the basis of a public hearing for the above- mentioned industry, and none of the previsions contained herein are to be regarded as having receiA^ed the approval of the Agricultural Adjustment Administration as applying to this in du s t ry. (THIS IS NOT FOE SIGNATl'EE) I hereby certify that this is a true and correct copy of the Proposed Amendments by Contracting Handlers to Marlcet:ng A.greement for Shippers of Fresh Lettuce, Fear, and Cauliflower Grevm in Western Washington, on file in the Cffice of the Chief Hearing Clerk, United States Department of Agriculture, Agricul¬ tural Adjustment Administration. (signed) James K. Hnudson Chief Hearing Clerk 4725 South Building U.S. Department of Ag Washington, D. C. Dated: March 19, 1935 Washiig ton, D. C. i culture 1 PR0P03£.Ii Al'SlDiaRTS BY .CONTFACTIITG li'iia}LERS TO IvIAP.KETI'NG AGPEElffiR'T FOR SHIPPERS OF FRESH LETTUCE, PEAS AHD CATJLIFLOIER GROWH 'IN • . JiESTERH WASHIHGTOH* Wherear^ , on tPxe 17tH day of July, 193^) undernigned ccntract- '.ng handlers entered into a Marketing Agreement entitled . "Market ing Agree¬ ment for Fresh Lettuce, Peas and Cauliflcner Grown in Western Washington", v(j.th the Secretary of Agricultiire of the United States; and Whereas , it is provided in Article XVI of said Marketing Agreement*. "Any arriendment to this agreement shall 'become effect¬ ive, at the date designated hy the Secretary, upon approval of such amendment hy the Secretary, provided that such aneni- ^.ent shall have first teen approved hy the contracting hand- ■^ers who shipped not less than seventy-five per cent of the total shipments hy all contracting handlers during the pre¬ ceding . shipping season." and Whereas , the handlers signatory to said Marketing Agreement are de¬ sirous of amending the same: llov/, therefore, the undersigned hereby approve the following am.end- hients to said Marketing Agreement: 1. Delete paragraph 7 of section 1 of Article II and insert in lieu thereof the follov/ing: "(7) The term 'handler' means any person, firm, corporation, or association engaged in shippir^, market¬ ing, handling, selling, consigning and/or dealing in, in person, or as or through an agent, hroker, or representative.,, or otherwise, from or within western Washington, in not less than carlo3.d lots, lettuce, peas, and/or cauliflovv'er, in the ciorrent of, or in competition with or so as to hurien, ob¬ struct or in any way affect interstate or foreign ccmjmerce. " a. Delete paragraph 9 of section 1 of Article II and renumber the remaining'sect ions accordingly. 3 * Delete paragraph IJ of section 1 of Article II and insert in lieu thereof the following: "(l6) The termi 'm.anaging agent' means the manag¬ ing agent appointed pursuant to Article III hereof." 4 . After the last paragraph of section 1 of Article II insert the following: ' - "( 17 ) The term 'proration period' means any* period - 2 - of time for which, the Proration Period Committee contem- piater, inntituting or in-r.tituteo a proration of shipments. "(IS) The term "availahle and intended for shipment* means the quantity of fresh lettuce, peas, and/or cauliflower rea^3y or to he ready for shipment Ronumher Article III as Article VI, delete sections 1 and 2 thereof, and insert in lieu thereof the following: "Section 1. In order to improve ret'urns to growers hy adjusting the supply of fresh lettuce, peas, and/or caulifloY/er to the market demand, the Froration Committee rtay from time'to time institute proration of shipmients as hereinafter provided, hut public notice th-roof shall he given at least eighteen (IS) heirs before such proration shall Decome effective: Provided, however . That no prora¬ tion of shipments of lettuce shall he instituted unless the prior approval of the Secretary is obtained." Renumber the remaining sections of said Article accordingly. •s. Delete Article V and insert in lieu th^roof the following: "ARTICLE III — CONTROL COMMITTEE "Section 1, Members . A Control Committee shall be established consisting of eleven (ll) m.embers who shall be selected in accordance with the provisions of this ar¬ ticle and shall serve until one year after the date of i^heir respective elections or until their respective suc¬ cessors are selected. The initial m.emhers shall be selec¬ ted within fifteen (I 5 ) days after the effective date of this Agreement and their respective successors (other than those selected to fill vacancies) shall be selected annual¬ ly thereafter at least fifteen (Id) days prior to the ter- miination of the term of office of their respective prede¬ cessors. No delay in the selection of any member or his successor shall be deemed to invalidate such selection. "Sec. 2. Selection of Memhers . Two (2) members shall be engaged in business in the Kent District, and one ( 1 ) m.ember in each of the Auburn, Sumner, Grays Harbor, Seattle, Lake and North District respectively, and the other three ( 3 ) members and their successors may be selec¬ ted irrespective of their places of business. "Sec. 3« The m.embers of the Control Committee, and each of their respective successors, shall be elected, by a general election in which all .handlers shall be entitled to participate. At any such election, each handler shall be entitled to cast but one (l) vote on behalf of himself, agents, partners, a.ffiliates, sutsidia.ries, and represen¬ tatives. "Sec. 4, Alternates . Each group or person selecting a mcmhor of the Control Comnittce rnay, in the same rranncr, at any time, select an alternate to act in the.place and stead of such memher (a) in his ahsonco, and/or (h) in the event of his removal, resignation or disq'oalification, until a successor for his unexpired term hns been selected. "Gee. 5* Vacancies . To fill any racancies occasioned by the removal, resignation or disqualification of any m.ercber of the Control Committee, a successor for his unexpired term shall be selected within fifteen ( 1 ^) days after such vacancy occiors,. by the person, persons or group by v/horn, and in the sarnie manner as, such member was selected. "Sec, b. Failure to Select Mem.be rs. If any mamiber or successor is not selected within the applicable period speci¬ fied in tnis article, the Secretary may select a person, v/ith full pov/er to act as a member, to serve until such m.emiber or successor is selected. "Sec. 7« Grganization . Upon the selection of eight (3) of its iTiembers, the Control Committee may organize and commence to function; Provided, hov/evir , That fl) this pro¬ vision shall not affect or supersede any other provision of this Agreement requiring a minimium vote with respect to sped fled action to be taken by the Control Coirmittee; and (2) the Control Committee, shall not perform any of its duties or exercise any of the powers herein granted while there are more than three ( 3 ) vacancies in its membership. "Gee. g. Certification of Mcm i bers . Upon the selec¬ tion of any memiber or members of the Control Committee, the secretary of said comm.ittee shall certify to the Secretary the name and address of each such memibc-r and of his alter- ^ie,te, if any, and the date or dates of their selection. The members and alternates, if any, so certified to the Secretary shall be deemed for all purposes to be the duly selected mem.- ters and alternates of such committee, subject, however, to ;^he right of any interested party to protest such selection in accordance with the applicable Administrative Orders is¬ sued by the Secretary. Before performing apy duties as ^a member of the Control Committee, each member thereof shall file with the Secretary a vv’ritten acceptance of Office, oath, and agreement to perform his duties as such m^ember. "Sec. 9* Pemoval and Disapproval . The members of the Control Committee, or any other committee created here- ander !,including successors, alternates or persons selected oy the Secretary), and any agent or employee appointed or employed by the Control Cemitittee, or by any otK,r commit¬ tee, shall be subject to removal by the ,Secretary, at apy time, with or v/ithout cause. Each and every- order, regula¬ tion, decision, determ.ination or other act of the Control Committee, or of any other committee, shall be subject to - 4 - thp continuing ri^t of the Secretary to disapprove of the same at any time, and upon such disapproval shall he deemed null and void except as to acts done prior to such disapprov¬ al, i.nd in reliance on, or in compliance with such order, regulation, determhnaticn or other act of such committee, "Sec, 10. Ex 7 jenses of Memher s. The raemoers of the Control Committee shall serve without compensation, hut shall De entitled to expenses necessarily incurred in the perform.- snce of their duties hereunder. "Sec. 11. Powers and Duties . The powers and duties of tne Control Committee shall induce the follov/ing: "1. To elect a chairman, and, from time to time, such otner officers as it ma;^ deem advisable, and to adopt rules anci regulations for the performance of its duties \mder this Agreement, "2. To supervise the performance of this Agreement aiid to act as intermediary between the Secretary and the handlers and. growers. "3, To appoint such employees as it deems necessary snc. to determine the salary and define the duties of such employees,' "4, To appoint and define the duties of additional committees or suhcommittees to assist it in the performance of any of its duties and functions hereunder. "5. To investigate suspected violations of this Agree¬ ment and to hear and dispose of all questions, disputes and complaints arising in connection with the performance of this Agreement. If a member of t'ne Control Corranittee shall he an interested party to any complaint or dispute, or a representative of such an interested party, he shall, for the purpose of the consideration of such dispute or complaint, he disqual¬ ified as a member of the Control Corranittee. Such disquali¬ fication. however, shall not be deemed to create a vacancy in the Control Committee wit'nin the prohibition of subdivi¬ sion 2 of section 7 of this article. "Sec, 12. Disqualification. No handler shall be entitled to participate in the selection of members of the Control Committee-or any other comanittee in accordance with the terms of this article, if he has failed to paj/' his con¬ tribution pursuant to article V of this Agreement, or pursu¬ ant to any license supplementary hereto issued pursuant to section 8 (3) of the Act. "Sec. 13, Reports, Books and Seconds . 1. The Con¬ trol Committee shall, upon the request of the Seci'etary, furnish him such information as he may request, and aJl the - 5 - loooks and records of the Control Coirmittee shall, at any time, he subject to the examination of the Secretary, "?■, The Control Committee shall keep hooks end records which will clearly reflect all it-s transactions. "3. Upon the termination of this Agreement, the fore¬ going provisions shall continue to apply to the members of the Control Committee, functioninr, at the time of such termination, until such members have been discharged in accordance with the provisions of paragraph 3 of section 14 of this article. "Sec. 14. Fund s. All f'onds received by the Control Coi.mittee pursuant to any provision of this Agreemient shall be used solely for the purpose therein specified, and shall be accounted for in the following marmer: "1. During the term of' this Agreement, the Secretary may require the Control Committee and its members to account loi’ all receipts and disbursements and/or to deliver all funds on n;nd, together with all books and records of the committee, at Such time or times, in such manner and to such person, as tne Secretary shall direct, and to execute such assignments or other instruments necessary or appropriate to vest in such person full title to all of the funds and/or claimiS vested in the Committee pursuant to this Agreement, "2. Upon the expiration of the term of office of any member of the Control Committee, such member shall account for all receipts and disbursements and deliver all funds in his harids, together with all books and records in his possession, to his successor in office, and shall execute such assign¬ ments and other instruments as may be necessary or appro¬ priate to ^vest in such successor full title to all of the xunds and/or claims vested in such member pursuant to this Agreement, "3. Upon the termination of this Agreement, the mem.- bers of the Control Committee then functioning shall continue as joint trustees for the purpose of this Agreement of all funds then in the possession or under the control of the Com.- mittee, including claims for any funds which are unpaid at the time of such termination, Gaid trustees (a) shall continue in such capacity until discharged by the Secretary, (b) shall from time to timie account for all receipts and disbursements and/or deliver all funds on h^ nd, together with all books and records of the Committee and the joint trustees, to such per¬ son as the Secretary shall direct, and (c) shall, upon the re¬ quest of the Secretary, execute such assignments or other in¬ struments necessary or appropriate to vest in such person full title to all of the funds and/or claims vested in the Committee pursuant to this Agreement, Any funds collected for expenses pursuant to article V and held by such joint trustees or such person over and above amounts necessa,ry to meet outstanding - 6 - otligations and the expenses necessarily incurred hy the joint trustees or such other person in the performance of their deities hereunder, shall, as soon as practicable after the terrp.ination ol this Agreement and of any license issued si-.pplernentary .hereto pursuant to section 8 (3) of the Act, be returned to the distributors prorata in proportion to their contributions made pursuant to this Agreement and/or pursuant to enj' license issied supplementary hereto, "4. Any person to whom funds and/or claims have been delivered by the C.Dntrol Comjnittec or its mem.bers, shall be suDject to the same obligations end duties with respe^'t to Said funds as are lereinabove imposed upon the miembers of Said Committee. "Sec. 15. Collection of Founds . The Control Committee is authorized and empowered, subject to the prior approval of the Secretary, to institute legal proceedings in the name of its individual members as a committee and to take such other steps as may be necessary to collect or enforce the payment 01 funds from persons liable therefor, pursuant to the provi¬ sions of this Agreement. Upon the termination of this Agree¬ ment, the foregoirg povrer shall (unless otherwise provided in the notice of ternanation) continue in the members of the Com¬ mittee as trustees pursuant to section 14 of this article with respect to any fuuids unpaid at the time of such termination: j’ -Tovided . That surh power may at any time be terminated by the Secretary and vested in such other person as the Secre¬ tary may direct. Uothing herein contained shall be construed to be in derogatjon or modification of the rights of the Sec- retary at any tine to institute legal proceedings or to trice sucn other steps as miay be necessary to collect or enforce the payment of a ly such funds." T. Remember Article VI as Article IV. 8. Delete Article VIII and insert in lieu thereof the following: ■'ARTICLE V — EXPEIISES "Sectior 1. Expenses . To carry out the provisions 01 this Agreem'nt and of any license supplementary thereto, issued pursuan: to section 8 (3) of the Act, the Control Committee is authorized and directed: "1. T( incur such reasonable obligations as may be necessary and proper, rnd to micet such obligations out of funds raised as herein provided; "2. T’o submit to the Secretary for his approval, subject to such notice and opportunity for hearing as the Secretary, by Administrative Order or otherwise, may pre¬ scribe (a) an itemized budget of. its estimated expenses for the foregoing purposes, and (b) an equitable basis “ 7 - upon which the f-onds necessary to support such budget shall be contributed, "Sec. 2. Contributions . Upon the approval by the Secretary of such budget, each of the contracting handlers agrees to contribute to the Control Conurittee his share of the funds to be raised by it, in accordance with the basis of contribution submitted to and approved by the Secretary pursuant to paragraph 2 of section 1 of this article. "Sec. 3* Approval of Ex pen ditures. All obligations incurred by the proration Committee, or by any other commit¬ tee created hereunder, shall be subject to the approval of the Control Committee, and when approved, subject to the provisions of section 2 of this article, shall be paid by the Control Commiittee out of the funds raised by it, avail¬ able for such purpose," 9* Insert as Article VII the following: "ARTICIP VII ~ HZGUIATION OP EAILPOAD SHIFMEIITS "Section 1. Purpos e. In order to adjust the flow of lettuce, peas, and/or cauliflower, to miarket, the Proration Committee may from time to time issue orders limiting the number of carloads of lettuce, peas, and/or cauliflower which may be forwarded from designated concentration points during any specified period or periods of time, but notice thereof shall be given at least eighteen (IS) hours before such order shall become effective: Provided, however. That the Proration Committee shall not issue such order unless (l) the shipments of lettuce, peas, and/or cauliflower are being limited pursu¬ ant to article VI and/or article IX, or, (2) in case the pro¬ visions of article VI and/or article IX are not in operation, unless the quantity of lettuce, peas, and/or cauliflower avail¬ able and intended for shipment during a specified period is not in excess of the quantity of each such commodity which it deems advisable to be shipped during such period; it being the intention that the provisions of this article are to serve and are to be used to level cut the day-to-day shipments and not to limit the total quantity of lettuce, peas, and/or cauliflower forwarded during the season. "Sec. 2. I ssuance of Orders . In the event the Prora¬ tion Committee acts pursuant to section 1 of this article it shall proceed as hereinafter set forth: "1. The Proration Committee shall designate as concen¬ tration points such railroad centers as it may deem advisable to effectuate the purposes of this article. "2, The Proration Committee shall determine the total number of cars of lettuce, peas, and/or cauliflower which it deems advisable to forward from all concentration points dur¬ ing such period. - 3 - 3« The Proration Coniniittee shall ascertain the total n^omher of cars of lettuce, peas, and/or cauliflower available for forwarding at all concentration points during such period. Only cars that have actually arrived at such concentration points shall be considered as available for forwarding. If a car is to be precooled at any concentration point, it shall not be considered as available for forwarding imtil the pre¬ cooling is completed. Cars defined as mixed by the Proration Committee shall not be subject to the previsions of this ar¬ ticle. "4. If the total number of cars available for forward¬ ing at all concentration points, as determined pursuant to paragraph 3> exceeds the total number of cars deemed advis¬ able to forward, as determined pursuant to paragraph 2, the Proration Comm.ittee may order a limitation of the n''amber of Cars that may bo forwarded from or all concentration points for a designated period of time. "5* Cars of lettuce, peas, and/or cauliflower sub¬ ject to orders issued by the Proration Committee pursuant to this section shall be permitted to leave concentration points in the order in which they arrive, it being the intention that the first car of lettuce, peas, and/or cauliflower in point of time to arrive shall be the first to leave until the permissible number of carloads has been released. The time of arrival of a car shall be the actual time of its arrival at the concentration point unless it is to be precooled at such concentration point, in which case it shall be the time precooling is completed and the carrier is notified thereof hy the precooling agent. "6. Upon orders of the Proration Committee, each handler shall file with each carrier a stop-order directing the carrier to stop any car of lettuce, peas, and/or cauli¬ flower and hold same at any concentration point d'an^ng any period of limitat ion of shipments pursuant to tnis sev.''ion, until the Proration Committee authorizes such car to be re¬ leased. "7* The Proration Committee shall notify the Secre¬ tary upon the issuance of any order pursuant to this section. The Secretary shall have the right to cancel or m,odify ar^y order, rule or regulation issued by the Proration Committee pursuant to this section at any time. "Sec. 3* Exemption s. Anything hereinabove to the contrary notwithstanding, nothing in this article contained shall be construed to authorize any limitation of the right to ship lettuce, peas, and/or cauliflower in any amount for canning, conversion into byproducts, or for charitable or unemployment relief purposes; Provided , That the Proration Committee may from time to time prescribe proper safe^ards to prevent the reintroduction into the channels of fresh -9- trade of lettuce, peas, and/or cauliflower shipped for such puruoses." 10. Delete Article VII and insert as Article VIII the follov.ing: "ARTICLE VIII — GRADING "Section 1. All shipments of fresh lettuce, peas, and/or cauliflower shall he graded and certified on the basis of the grades now promulgated hy the United States Department of Agriculture, or as same maybe modified or changed hereafter. Each container shall bear txie United States grade of its contents and shall .e marked in a conspicuous manner with the name and address of the shipper. "Sec. 2. 1. Each handler agrees that he w'll util¬ ize the standard United States Inspection Service ^.nd will pay the cost of this service. "'2. Each shipment shall be accompanied by a standard inspection certificate or official memorandum -thereof indicating conformity to the said United States jGrades. "Sec. 3* The inspection and certification provided for in this article shall be required during sue., period as t.ae Control Committee may designate in each shipping season. 11. Insert Article IX as follows: "ARTICLE IX — REGULATION OE GRADES AND SIZES "Section 1. Purpose of Regul a tion . In order to in¬ crease returns to growers by adjusting tiie supply and qual¬ ity of lettuce, peas, and/or cauliflower to market domano.s, if the Proration Committee shall deem it necesaary to j.imi the grades and/or sizes of lettuce, peas, and/or cauliflo./er which may be shipped during a given period, it may order that only specified grades and/or sizes or a certain poi- tion of such grades and/or sizes of lettuce, peas, and/or cauliflower may be shipped during such period. "Sec. 2. Method and Manner of hegulatioji . 1. In the event the Proration Committee regulates the shipment of let¬ tuce, peas, and/or cauliflower in accordance with this article, it shall determine and announce the percentage wn. 'h the grades and/or sizes of lettuce, peas, and/or cauliflower vvnich are permitted to be shipped is of the total quantity available and intended for shipment during such period, and shall set foith the provisions of paragraph 2 of this section with respect to the issuance of special certificates and the procedure by which growers may apply therefor. "2. Orders issued pursuant hereto a’^d announcementre- 10 quired to be made hereunder shall be published in a nev/spaper or newspapers of general Circulation to be selected by the Proration Corrmittee in the area where lettuce, peas or cauli¬ flower are produced and/or shipped or by such other or addition¬ al means as are reasonably calculated to bring such infonnation to the attention of growers, handlers and other interested parties. No order shall become effective sooner than eighteen (18) hours after notice thereof has been released. "Sec. 3. Special Certificates . Upon application by any grower and submission of proof by him that by reason of such regulation he is unable to ship as large a proportion of lettuce, peas, and/or cauliflower grov/n by him and covered by such order as the percentage which ^he proration committee permits to be shipped, the Proration Committee shall issue to such grower a special certificate for such difference and such certificate shall be subject to such rules and refgilations as the Proration Committee may prescribe. "Sec. 4. Shipments in Violation of Regulations . No person shall ship lettuce, peas, or cauliflower in violation of this order except lettuce, peas or cauliflower shipped pursuant to section 9 of article VI and pursuant to special certificates issued as provided in section 3 of this article. "Sec. 5. Reports to Secretary . The Secretary shall be immediately notified of any order issued under this article. Any order of the Proration Committee adopted pursuant to the provisions of this article shall be subject to the continuing right of the Secretary to disapprove of the same at any tim.e and any such order miay at any time be cancelled or miodified in any way by the Secretary. "Sec. 6. Exemptions . Anything hereinabove to the con¬ trary notwithstanding nothing contained in. this article shall be construed to authorize any limitation on the right to ship lettuce, peas, and/or cauliflower in any amount for canning, conversion into byproducts, or for charitable and unemployment relief purposes; Provided, however , That the Proration Com.- mittee may from time to time prescribe prouer safeguards to prevent the reintroduction into the channels of fresh trade of lettuce, peas, and/or cauliflower shipped for such pirrposes." 12. Insert Article X as follows: "ARTICLE X — STANDARDIZATION OE CONTA-INEl ' "Section 1. Standardization of containers . All ship- mients of fresh lettuce^ peas, and/or cauliflower shall be packed only in containers which meet the specifications pre¬ scribed for the respective crops by the Control Committee, subject to the prior approval of the Secretary: Provided , That in case standards have been or shall be promulgated for any of such containers under the Standard Container Act 11 I of 1928, the specifications prescribed by shall conform thereto.” '/f/i-s/ry Of the Control Committee Hi li,!- 13. Delete Article IV and insert in lieu thereof the follow¬ ing: 'h4HTICLE XI — DEPORTS "Section 1. To the Secretary . 1. The contracting handlers shall severally, from time to time, upon the request of the Secretary, furnish him with such information as he may request, in a manner prescribed by him, and/or in accordance with forms of reports to be supplied by him, for the purposes of (a) assisting the Secretary in the furtherance of his powers and duties with respect to this Agreement, and/or (b) enabling the Secretary to ascertain and determine the extent to which the declared policy of the Act and the purposes of this Agree¬ ment are being effectuated, such reports to be verified under oath. The Secretary's determination as to the necessity of and justification for the making of such reports and the information called for thereby shall be final and conclusive. "2. The contracting handlers also severally agree that, for the same purposes, and/or to ena,ble the Secretary to verify the information furnished him on said forms of report, all their books'and recbrcLs, and the books' arid records b‘f "their affiliates and subsidiaries, shall, during the usual hours of business, be subject to the examination of the Secretary. The Secretary's determination as to the necessity of and justification for any such examination shall be final and conclusive. ”3. The contracting handlers and their respective affili¬ ates and subsidiaries shall severally keep books and records which will clearly reflect all financial transactions of their respec¬ tive businesses and the financial conditions thereof. "4. Each contracting handler shall, from time to time, upon the request of the Secretary, report to the Secretary charges made or paid for commissions, brokerage, storage, packing, or for any other service or activities. ”5. All information furnished the Secretary pursuant to this article shall remain confidential in accordance with the apolicable General Regulations, Agricultural Adjustment Administration. "Sec. 2. To the con'jnittees . To enable the committees to perform their duties hereunder and to make this Agreement effective, each contracting handler shall promptly furnish when, and in such form and substantiated in such manner as the respective committees may from time to time prescribe, all information requested as to quantities of fresh lettuce, peas, and/or cauliflower available for shipment in any period, which he ovms or has authority to handle, with the name of any person for whom he has authority to ship and the amount of such intended shipments, and all information requested as to - 12 - jhipmentn, destination of shipments, 3 0112 098551846 and diversion of shipments. "Sec. 3. To the Ife n aper . Each contracting handler shall report to the Manager, daily, at the close of business such in¬ formation concerning his business transactions in fresh lettuce, peas, and/or cauliflov/er as the Manager may prescribe. Such in¬ formation shall remain confidential with the Mar^ager and the Sec¬ retary , except that the Manager shall compile the sarnie in such form as not to disclose the separate scorces thereof, and mail a copy thereof to each contracting handler daily. The Manager shall submit the daily reports of contracting handlers to the Secretary on his request. "Sec. 4. I nyestigation by Managing Agent . The handlers also severally agree that to enable the Managing Agent to verify any iniormiation furnished a committee pursuant to this Agreement, such of their books and records and the books and records of their af- iliates and subsidiaries as are pertinent to such inquiry, shall, during the usual hours of business, be subject to the examination of the Managing Agent or his representative. "Sec. 5. Reports by railroads . The contracting handlers agree 0 and do hereby authorize any and all railroad companies to furnish' 0 ne Froration Committee, or any other committee, or agent designated y a committee, a complete daily record of each shipment of frpsh e tuce, peas, and/or cauliflov;er, showing the point of origin thereof, e .'>nipper, the car number, the destination, and any diversion of the shipment for the purposes of assisting in the orderly distribution of resn lettuce, peas, and/or cauliflower." 14. Insert as Article XII the following: "ARTICLE XII ~ APPEALS "Section 1. Appeals . Any grower or handler m^ay petition the ecretary to review any order or decision of the Control Committee, proration Committee, or any other comm.ittee which may be established hereunder. Pending the disposition by the Secretary of any appeal, t e parties shall abide by the order or decision of such Committee, un ess the Secretary shall rule otherwise pending such disposition. "Sec. 2. Action upon Aupeal . Any such petition must be filed in writing setting forth the facts uPon which it is based. The Sec¬ retary ohall, if the facts stated show reasonable grounds for appeal, grant such petition and may revise or change in any manner any order or decision from which an appeal is taken." Renumber Articles IX to XIX, both inclusive as Articles XIII to XXIII, both inclusive. ■ • I p^wi tn gss whereof , the contracting handlers, acting under the pro- Article XVI of the aforesaid Marketing Agreem.ent, for the pur- pooCo an oUbject to the limitations herein contained, and not otherwise, have hereunto set their respective hands and seals.