Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-06-02
DE HEL OUTLINES VIEWS
OF FO0DADM|N|sT RAT|0N
In Address to Produce Men, He
Stresses Necessity for Relens-
Ing Railway Equipment.
LAYS DOWN TENTATIVE RULES
II There Is Evidence of Bad Faith
or Unfair Practice, Food Admin
istration Will Take Up Question of
Canoeing Dealers License.

i AT recent meeting or the Richmond
Produce Exchange, ]. Il. Bethel. di-
rector of the enforcement division OF
the Federal food administration FOR
Virginia. stated clearly the attitude
OF the food administration toward the
Hexing question OF controversies be-
tween shippers and buyers.
How far the food administration
should go in adjusting controversies
between shippers and buyers has been
difficult question" said Mr.. Bethel
in beginning his address. Ordinarily
the food administration is interested
only in the promp; handling OF com
modify and the releasing or railway
equipment. When this has been accom-
plished. any other difference between
the shipper and the buyer is one of a
pecuntary nature. and should be set
tied by the courts of the country.
There is only one exception to this
fundamental rule. and that is when the
conduct of the shipper or buyer in the
particular transaction evidences bad
faith and constitutes unfair practice,
then the food administration is con-
cerned in determining whether the re-
calc!trant should be allowed to con-
tinue to hold license from the United
States food administration.
I'm my position as director OF en-
forcements Of the Federal food admin
istration for the State OF Virginia, I
have handled innumerable controver-
sizes. and have established for my guild
ance the following rules, and give
them 10 YOU in brief form. that you
may profit by MY experience in this
most troublesome problcm
l. When tho shipment fails in q
substantial respect TO comply with
contract specifications as to character
or grade. the buyer need not ACCEPT,
and 1t is the duty OF the shipper to
hardle.
'2 When a shipment, sold I. o. b.
point OF origin, arrives at destination
in damaged condition. manifestly or
demonstrably due TO Inherent defect
in commodity, the buyer need not ac-
cept.
B. When tho contract provides for
shipnen, or delivery by a fixed date.
the buyer has the right TO cancel for
failure 10 snip or delivery by such
date, but II he permits the contract to
remain open after shipment or delivery
GATE had expired, he cannot then cancel
car which has begun to roll to him
4. when the contract provides for
delivery at destination, the buyer can
reject if the commodity arrives in
damaged condition, irrespective of the
: cause or such damage. Where shin
ment Is made on destination weights
land grades. consiguec mus, exercisn
reasonable diligence in occurring inspcc-
uon promptly on a:riva! OF shipmen.
D. when the buyer rejects the shin
ment, he should immediately wire The
shipper to that effect. stating the
ground or grounds OF rejection, If
WITHIN twentY-four hours after the
sending OF such telegram, the mnt,.r
had not been adjusted with the shinncr
Inc buyer shall thercupon wire the FcI-
eFai lood administrator at Richmond
statement of the ground or grounds
ot sncn rejection, and shall. if so re-
quested by said administrator. imme.
a.eiy send to him or 10 his order,
nu!er contract. contirmati ton and COM
Piete ME relating to the purchase The
nuyer sha.. i; the same time, inform
the local district administrator II onc
resides there, otherwise the local
county administrator. of the con,ro.
nersF and his. the buye-A version
IS. Unless the administrator dec,dos
that the buyers liability to accent or
+ right to reject be manifest FROM ~
contract and file submitted by hin, tbs
ouyer VIII, the consent thereto ~ IN.
shipper having been obtained by th-
aoministrator. pay to the local banl,
suoJect 10 distribution by the admin.
( is.iatoI or MS representative upon his
Z determination Of the controversy afta-
considering the files submitted bv ho,h
parties. In such event. the bnv.r
Sha4i not begin to unload car un,iI
lhspection thereof has been made bv or
lot the administrator.
T. when re buyer rejects shipm.,t
on account Of dasfraged condition or
noncompliance with contract "a To
Shar"ster or grade OF commodity tho
federal food administrator or his ron
Pesentative Will promptly provide fnr
oHicial Inspection, and The renor, ~,
such Inspector will. unless nnes,;s
factory 10 the administrators he 90
v-rte- as prima facie proof Of tho ,,o,.
thefein stated, in determining the dntS
, to handle INC uuty
~. II the shipper insists on delivery
a . aHeEed cancellation. buyer shai,
Immediately wire the Federal food al
llinlstFator thereof. giving name and
: ADDRESS or shipper, routing. common,
relevant terms Of contract and f.c:,
. about cancellation. Gnu i"c's
- In determining tho 5o,;.. -,
shipper and buyer with resnoc, -
handing, the Federal food adminis, "a
( tor VIII consider only written conf,
ana written COMMUNICATIONS hntr.ao.,
parties Alleged oral e1tensSnn
charges or notifications. IL disrn,oh
must be settled through the machinerx