(2) Portland ASCS Commodity Office, U.S. Department of Agriculture, 1218 Southwest Washington Street, Portland 5, Oregon.

(d) Information concerning the purchase of feed grains and wheat may be obtained from the following offices:

(1) Dallas ASCS Commodity Office, U.S. Department of Agriculture, 500 South Ervay Street, Dallas 1, Texas.

(2) Evanston ASCS Commodity Office, U.S. Department of Agriculture, 2201 Howard Street, Evanston, Illinois.

(3) Kansas City ASCS Commodity Office, U.S. Department of Agriculture, Box 205, Kansas City 41, Missouri.

(4) Minneapolis ASCS Commodity Office, U.S. Department of Agriculture, 6400 France Avenue, South, Minneapolis 10, Minnesota.

(5) Portland ASCS Commodity Office, U.S. Department of Agriculture, 1218 Southwest Washington Street, Portland 5, Oregon.

§ 485.132 Officials not to benefit.

No member or delegate to Congress, or resident Commissioner, shall be admitted to any benefit that may arise from any provision of this program, but this provision shall not be construed to extend to a payment made to a corporation for its general benefit.

§ 485.133 Amendment and termination. This program may be amended or terminated by filing of such amendment or termination with the FEDERAL REGISTER for publication. Any such amendment or termination shall not be applicable to contracts made prior to the time such amendment or termination becomes effective.

of the United States and Puerto Rico excluding any country or area for which a license is required under regulations issued by the Bureau of International Programs, U.S. Department of Com- √ merce, unless a license for shipment or 1 transshipment thereto has been obtained from such Bureau.

§ 485.141

Export and exportation.

"Export" and "exportation" means, except as hereinafter provided, a shipment from the Continental United States destined to another area excluding Alaska, Hawaii, and Puerto Rico. The milk so shipped shall be deemed to have been exported on the date which appears on the applicable on-board vessel export bill of lading or other document authorized by this subpart to be furnished in lieu of such bill of lading, or if shipment from the Continental United States is by truck or rail, the date the shipment clears United States Customs. If milk is lost, destroyed, or damaged after loading on-board an export ship, exportation shall be deemed to have been made as of the date of the on-board ship ocean bill of lading or other document authorized by this subpart to be furnished in lieu of such bill of lading, or the latest date appearing on the loading tally sheet or similar documents if the loss, destruction, or damage occurs subsequent to loading aboard ship but prior to issuance of onboard ship ocean bill of lading or such other document: Provided, That if the "lost" or "damaged" milk remains in the United States, it shall be considered as reentered milk and shall be subject to the provisions of § 485.109(e).

§ 485.142 Exporter.

"Exporter" means an individual, corporation, partnership, association, or other business entity, which is regularly engaged in the business of buying and selling milk and for this purpose maintains a bona fide business office in the Continental United States and therein has a person, principal or resident agent upon whom service of process may be had.

§ 485.143 Milk or nonfat dry milk.

"Milk" or "nonfat dry milk" means U.S. Extra grade spray process nonfat dry milk (evidenced by USDA inspection certificates issued not earlier than 90 days prior to the date of export), produced and processed in the United States.

1 1

§ 485.144 Date of export.

"Date of export" means the date milk is loaded on board an ocean carrier or the date milk clears customs if export is by rail or truck, or the date of export shipment, if shipment is made by a carrier operated by a U.S. Government agency.

§ 485.145 Foreign buyer.

"Foreign buyer" as used in this subpart means the buyer (a) who is named in a Notice of Sale registered in accordance with § 485.106 as having a contract of sale with the exporter, and (b) who is the importer to the eligible country. Such foreign buyer must be a legal entity separate from the exporter, but may, however, be a foreign affiliate of the exporter. If the sale is made by the exporter with an agent or broker of the foreign buyer, the contract of sale must be in the name of the foreign buyer. § 485.146 Date of sale.

"Date of sale" as used in this subpart, and in certificates, as applied to contracts of purchase of dairy products from Commodity Credit Corporation means the date of the contract as defined in sales announcements LD-33 and LD-35.

The reporting and record-keeping requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

APPENDIX

NOTICE TO EXPORTERS

The Department of Commerce, Bureau of International Programs (the Bureau of Foreign Commerce until August 9, 1961), pursuant to regulations under the Export Control Act of 1949, prohibits the exportation or re-exportation by anyone of any commodities (except absorbent cotton and sterilized gauze and bandages with respect to Cuba only) under this program to Cuba, the Soviet Bloc, or Communist-controlled area of the Far East

including Communist China, North Korea, and the Communist-controlled area of Vietnam, except under validated license issued by the U.S. Department of Commerce, Bureau of International Programs.

These regulations generally require that exporters, in or in connection with their contracts with foreign purchasers, where the contract involves $10,000 or more and exportation is to be made to a Group R country, obtain from the foreign purchaser a written acknowledgment of his understanding of (1) U.S. Commerce Department prohibitions (Comprehensive Export Schedule, 15 CFR 371.4 and 371.8) against sales or resale for re-export of said commodities, or any part thereof, without express Commerce Department authorization, to the Soviet Bloc, Communist China, North Korea or the Communist-controlled area of Vietnam or to Cuba, and (2) the sanction of denial of future U.S. export privileges that may be imposed for violation of the Commerce Department regulations. Exporters who have a continuing and regular relationship with a foreign purchaser may obtain a blanket acknowledgment from such purchaser covering all transactions involving surplus agricultural commodities and manufactures thereof purchased from CCC or subsidized for export by the Secretary of Agriculture or CCC. Where commodities are to be exported by a party other than the original purchaser of the commodities from the CCC the original purchaser should inform the exporter in writing of the requirements for obtaining the signed acknowledgment from the foreign purchaser.

For all exportations, one of the destination control statements specified in Commerce Department Regulations (Comprehensive Export Schedule, 15 CFR 379.10 (c)) is required to be placed on all copies of the shipper's export declaration, all copies of the bill of lading, and all copies of the commercial invoices. For additional information as to which destination control statement to use, the exporter should communicate with the Bureau of International Programs or one of the field offices of the Department of Commerce.

Exporters should consult the applicable Commerce Department regulations for more detailed information if desired and for any changes that may be made therein.

(b) Section 416 reads as follows:

In order to prevent the waste of commodities acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impairment of the price-support program or sold abroad at competitive world prices, the CCC is authorized, on such terms and under such regulations as the Secretary may deem in the public interest: (1) Upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such commodities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agencies as may be designated by the proper State or Federal authority and approved by the Secretary, for use in the United States in nonprofit school-lunch programs, in the assistance of needy persons, and in charitable institutions, including hospitals, to the extent that needy persons are served; and (4) to donate any such food commodities in excess of anticipated disposition under (1), (2), and (3) above to nonprofit voluntary agencies registered with the Committee on Voluntary Foreign Aid of the Foreign Operations Administration or other appropriate department or agency of the Federal Government and intergovernmental organizations for use in the assistance of needy persons outside the United States. In the case of (3) and (4) above the Secretary shall obtain such assurance as he deems necessary that the recipients thereof will not diminish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under (3) and (4) above. The Commodity Credit Corporation may pay, with respect to commodities disposed of under this Section, reprocessing, packaging, transportation, handling, and other charges accruing up to the time of their delivery to a Federal agency or to the designated State or private agency, in the case of commodities made available for use within the United States, or their delivery free alongside ship or free on board export carrier at point of export, in the case of commodities made available for use outside the United States. For the purpose of this section the terms "State" and "United States" include the District of Columbia and any Territory or Possession of the United States.

will be responsible for dispositions o commodities under (1) and (2) of section 416, and the Agricultural Marketing Service (referred to in this part as AMS of the U.S. Department of Agriculture will be responsible for dispositions 0. food commodities under (3) and (4) o section 416.

(b) Federal agencies interested in obtaining commodities for use in making payment for commodities not produced in the United States under (1) of section 416 should make written request to the Deputy Administrator for Price Support, CSS, USDA, Washington, D. C.

(c) Persons or agencies interested in bartering or exchanging strategic or other materials for commodities under (2) of section 416 should communicate with the Food and Materials Requirements Division, Stockpile and Barter Branch, CSS, USDA, Washington, D. C.

(d) Donations of food commodities under (3) and (4) of section 416 will be made by the Food Distribution Division, AMS, in accordance with the following sections.

(a) Available food commodities will be donated to the Bureau of Indian Affairs and to State, Federal, or private agencies for use in the United States in nonprofit school lunch programs, in the assistance of needy persons and in charitable institutions, including hospitals, to the extent that needy persons are served.

(b) A State, Federal, or private agency may become eligible as the distributing agency of Federally donated commodities upon designation by proper State or Federal authority and approval by the Food Distribution Division, AMS. In those States where State agencies are not permitted by law to designate private agencies as distributing agencies, private agencies may apply directly to the appropriate Area Office for approval. State and Federal agencies which are now approved by the Food Distribution Division, AMS, for the receipt of Federally donated commodities will not be required to obtain further designation or approval.

(c) Interested agencies desiring information concerning the program may make written request to the following Area Offices:

Northeast Area: Food Distribution Division, AMS, USDA, 139 Centre Street, Room 506, New York 13, N. Y.: Connecticut, Delaware, District of Columbia, Maine, Maryland, Mas