Apfro"Md Code No. 246 Registry No. 1608-02 

NATIONAL RECOVERY ADMINISTRATION. 

CODE OF FAIR COMPETITION 

FOR THE 

PAPER DISC 

MILK BOTTLE CAP INDUSTRY 

AS APPROVED ON FEBRUARY: 1, 1934 

WE DO OUR PART 

... ' 0: -~~-

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

( 

I I· 

For sale by the Superintendent of Documents. Washington. D.C. - - - - - - - - Price 5 cents 

v 
This publication i for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau ot ~oreign and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Po t Office Building. 

Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 18 1 Cu tomhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Cllarleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suit 1706, 201 North Wells Street. CleYeland, Ohio : hamber of Commerce. Dalla , Tex. : Chamber of Commerce Building. 

Detroit, Mich. : 801 First Nationa l Bank Building. 

Hou::;ton, Tex. : Chamb r of Commer ce Building. 

I ndianapolisJ Ind. : Chamber of Commerce Bu.lding. 

J acksonville, F la.: Chamber of Commerce Building. 

Kansa City, 1\Io.: 102 Baltimore A\enue. 

Lo Angele , Calif.: 1163 South Broadway. 

LouisYille, Ky. : 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

1\Iinneapolis, l\linn. : 213 Federal Building. 

New Orleans, La .: Room 225-A, Customhouse. New York, N.Y.: 734 'ustomhouse. 

Norfolk, Va .: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pitt burgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. San Fran ·isco, Calif.: 310 'u tomhouRe. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 246 

CODE OF FAIR COMPETITION 

FOR THE 

PAPER DISC MILK BOTTLE CAP INDUSTRY 

BY 

PRESIDENT ROOSEVELT 

As Approved on February 1, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE PAPER Disc MILK 

B<YITLE CAP INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial Recovery Act (approved June 16, 1933, for approval of a 

Code of Fair Competition for the Paper Disc Milk Bottle Cap 

Industry, and hearings having been duly held thereon and the annexed report on said Code, containing findings with respect thereto, 

having been made and directed to the President: 

NO,IV, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference 

said annexed report and do find that said Code complies in all 

respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act; and do hereby order that 

said Code of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VI sections 2 to 9, 

inclusive, insofar as they prescribe a waiting period between the filing 

with the Code Authority (i.e., actual receipt by the Code Authority) 

and the effective date of revised price lists or revised terms and 

conditions of sale be and they are hereby stayed pending my further 

,.. order; provided further that within ninety days I may direct that 

there be a further hearing on such of the provisions of said Code as 

I may designate and that any order which I may make after such 

hearing shall have the effect of a condition on the approval of 

said Code. 

HuGH S. JoHNSON, 

Administrator for Industrial Recovery. Approval recommended : 

GEo. L. BERRY, 

Division Administrator. 

WASHINGTON, D.C., 

February 1, 1934. 

87405°--.--313-172--.--34 (15) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The W kite House. 

Srn: This is a report of the hearing on the Code of Fair Competition for the Paper Disc Milk Bottle Cap Industry, conducted in 

\V ashington on November 27, 1933, in accordance with provisions 

of Title I of the National Industrial Recovery Act. 

HOURS AND WAGES 

This Code provides a standard 40-hour week for factory workers 

with a weekly tolerance of eight hours to be paid for as overtime. 

The usual exceptions are made in regard to nonproductive employees. 

Office employees are limited to an average of 40 hours per week 

over an eight-week period. 

The 1ninimum wage in the North for hourly paid employees is 40¢ 

per hour for males and 35¢ per hour for females. In the South the 

minimum wage rate for hourly paid employees is 35¢ per hour for 

males and 30¢ per hour for females. Office employees will receive 

a n1inimum wage of $16.00 per week in the North and $14.00 per 

week in the South. 

OPEN PRICE PLAN 

An open price plan of selling is provided, and selling below cost, 

except to meet competition, is prohibited. 

OTHER PROVISIONS 

Provision is made for furnishing the Administrator with such 

statistical data as he may require. 

ECONOMIC EFFECT OF THE CODE 

The Industry em.ployed about 450 people in 1929. Figures submitted by 12 of the 23 plants in the Industry show about the same 

number of employees in March 1929 and in March 1933 at which 

time over 63% of the e1nployees worked 45 hours per week or 

longer. The effect of the Code will be to employ about 90 additional persons. 

In March 1933, 34% of the mal~ labor received less than 40¢ 

per hour and 98% of the female labor less than 35¢ J?er hour. The 

total increase in pay rolls as a result of the Code w1ll be approximately 7.5%. 

(16>) 
17 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide 

for the general welfare by promoting the organization of industry 

for the purpose of cooperative action among the trade groups, by 

inducing and maintaining tmited action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production (except as may be 

temporarily required)~ by increasing the consumption of industrial 

and agricultural products through increasing purchasing power, 

by reducing and relieving unemployment, by improving standards 

of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the 

pertinent provisions of said Title of said Act, including without 

limitation Subsection (a) of Section 3, Subsection (a) of Section 7, 

and Subsection (b) of Section 10 thereof; and that the applicant 

association is an industrial association truly representative of the 

aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(£) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Code. 

For these reasons this Code has been approved. 

Respectfully, 

FEBRUARY 1, 1934. 

HuGH S. JoHNsoN, 

Adn1-inistrator. 
CODE OF FAIR COMPETITION FOR THE PAPER DISC 

MILK BOTTLE CAP INDUSTRY 

To effectuate the policies of Title I of the National Industrial Recovery Act, the following is hereby established as a Code of Fair 

Competition for the above-named Industry and shall be binding on 

every member thereof. 

ARTICLE I-DEFINITIONS 

The following words are used in this Code with the meaning herein 

set forth: 

"Industry "-The manufacture of Paper Disc Milk Bottle Caps. 

"Member "-A natural person, partnership, corporation, association, tru t, trustee, trustee in bankruptcy, or receiver engaged in such 

Industry. 

"Act "-Title I of the National Industrial Recovery Act. 

"Aclmini trator "-The Administrator for Industrial Recovery under 

Title I in the Act. 

ARTICLE II-ORGANIZATION AND Anl\IINISTRATION 

1. There shall forthwith be constituted a Code Authority of the 

Paper Disc Milk Bottle Cap Industry which shall comprise five ( 5) 

members. Three ( 3) of such members shall be elected annually by 

the members of the National Association of Bottle Cap Manufacturers, and one ( 1) shall be elected annually by . the n1embers of the 

Industry, not members of said Association. One (1) additional 

member shall be appointed by the four ( 4) members so elected. In 

addition the Administrator 1nay appoint one ( 1) or more, persons 

to the Code Authority who sha.U act in an advisory capacity, shall 

have no vote, and shall serve without compensation from the 

Industry. 

2. In order to carry out the election of the Industry members of 

the Code Authority in an orderly and proper manner, the following 

procedure is prescribed : Manager of said Association or Chairman 

of the Executive Committee of said Association shall send all members of the Industry, including nonmembers as well as members of 

the Association, notice of a meeting for the purpose of electing members of Code Authority, such notice shall be sent out at least ten 

days in advance of such election date. Each nonmember of the 

Association shall be entitled to one vote for one member of the Code 

Authority to represent members of the Industry who are not members of the Association. Each Association member shall be entitled 

to vote for three members of the Code Authority. Each voter shall 

be a member or a duly authorized representative of a member. No 

(18) 
19 

1nember of the Industry will be allowed to cast the vote of another 

member of the Industry by proxy. In the event nonmembers of the 

Association fail to elect a representative on the Code Authority, the 

Administrator may appoint such representative. 

3. The said Association shall impose no inequitable restrictions 

on membership and shall file with the Administrator certified copies 

of any amendments of its By-Laws, relating to eligibility or admission to membership in such Association, or relating to the method 

of selection of the members of such Code Authority which such Asso~ · 

ciation may hereafter adopt. 

4. The Administrator may at any time prescribe a different 

method for selecting the Industry members of the Code Authority, 

and thereafter, such members sha.ll be chosen in the manner so 

prescribed. 

5. The Code Authority is charged generally with the duty of administering this Code. If the Administrator shall deterrnine that 

any action of the Code Authority or any agency thereof is unfair 

or unjust or contrary to the public interest, the Administrator may 

require that such action be suspended to afford an opportunity for 

investigation of the merits of such action and further consideration 

by the Code Authority or agency pending final action which shall not 

be effective unless the Administrator approves or unless he shall 

fail to disapprove after thirty days' notice to him of intention to 

proceed with such action in its original or modified form. 

6. The expenses of administering this Code shall be borne pro 

rata, in accordapce with a formula to be adopted by the Code 

Authority, by all members of the Industry who accept the benefit 

of the services of the Code Authority or otherwise assent to this 

Code. 

7. The Code Authority -shall have power to investigate alleged 

violations of this Code and acts or courses of conduct by any member 

which are or appear to be contrary to the policy of the Act or which 

tend or Jl?.ay tend to render ineffective this Code and to report the 

same with recommendations to the Administrator. 

8. The Code Authority is hereby constituted the agency to endeavor to effect, by arbitral proceedings or otherwise, adjustments of 

contracts entered into by members of the Industry, where the costs 

of executing such contracts are increased through the application of 

the provisions of the Act or of this Code. 

ARTICLE III-HouRs OF LABOR 

1. Employees in the Industry shall not be required or permitted to 

work hours in excess of the limits prescribed in the following schedules: 

SCHEDULE OF WORKING HOURS 

(a) Watchmen: Fifty-six (56) hours in any one week, but not 

more than six (6) days in any seven (7) day period, or fifty-six 

(56) hours in any one week, but not more than eight (8) hours in any 

one day. 
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(b) Chauffeurs, truckdrivers, and their helpers: One hundred 

eighty (180) hours in any period of four (4) consecutive weeks, 

provided, however, that time worked in excess of nine (9) hours in 

any one day or forty-five ( 45) hours in any one week shall be paid 

for as not less than time and one third. 

(c) Engineers, firemen, electricians, filter plant employees, electric and hydroelectric operators: One hundred sixty-eight (168) 

hours in any period of four ( 4) consecutive weeks, provided, however, that time worked in excess of nine (9) hours in any one day or 

forty-five ( 45) hours in any one week shall be paid for as not less 

than time and one third. 

(d) All other laborers, mechanical workers, or artisans employed 

in any plant, mill, or factory or on work connected with the operation of such plant, mill, or factory: Eight (8) hours in any one day 

and forty ( 40) hours in any one week, provided, however, that these 

maximum limits n1ay be exceeded for any reason at any time provided 

that all time worked in excess of the maximums prescribed shall 

be paid for as not less than time and one third, and provided, further, that no e1nployee shall be required or perinitted to work in 

excess of ten (10) hours in any one day or forty-eight (48 ) hours in 

any one week. 

(e) Employees regularly engaged in a managerial or executive 

capacity and their personal secretaries, foremen and supervisors, 

receiving thirty-five ($35.00) dollars or more per week, outside salesmen and outside servicemen: No limitation. 

(f) All other employees: Forty-eight (48) hour~ in any one week 

but not to exceed three hundred twenty ( 320) hours in any period 

of eight ( 8 ) consecutive weeks. 

2. No limitation contained in ~aid schedule shall apply to employ- ees of any class when engaged In emergency repairs or emergency 

maintenance work occasioned by breakdowns or involving protection 

of life or property, provided, however, that all time worked in 

excess of the limitations prescribed in said schedule shall be paid 

for as not less than time and one third. 

3. No employer shall knowingly permit any employee to work for 

any time which, when totaled with that already performed with 

another employer or employers in this Industry, exceeds the maxiw 

mum permitted herein. 

ARTICLE IV-'iV AGES 

1. The minimum rate of wage of any laborer, mechan)cal worker 

or artisan employed in any plant, mill, or factory or on work connected with the operation of any such plant, mill, or factory shall 

be as follows: 

(a) In the Northern zone, which shall consist of all the territory of the .United States except the States named in subdivision 

(b) hereof: 

Male labor, 40 cents per hour. 

Fmnale labor, 35 cents per hour. 
21 

(b) In the Southern zone, which shall consist of the States of 

Virginia, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas: 

Male labor, 35 cents per hour. 

Female labor, 30 cents per hour. 

2. The minimum rates of wages for all other employees shall be 

as :follows : 

(a) In the Northern zone, as defined in Section 1 hereof, $16.00 

per week. 

(b) In the Southern zone, as defined in said Section, $14.00 per 

week. 

(c) Part-time employees covered by the provisions of this section 

shall be paid at the rate of not less than 40¢ per hour in the North 

and 35¢ per hour in the South. 

3. This Article establishes a minimum rate of pay which shall 

apply irrespective of whether a.n employee is actually compensated 

on time-rate, piece-work, or other basis. 

4. Female employees performing substantially the same work as 

male employees shall receive the sam.e rate of pay as male employees. 

The Code Authority shall within 90 days after the effective date of 

this Code file with the Administrator a description of all occupations 

in the Industry in which both men and women are employed. 

5. The wage rates of all employees receiving more than the minimum rates herein prescribed shall be reviewed and such adjustments, 

if any, made therein as are· equitable in the light of all the circumstances, and within sixty ( 60) days after the effective date hereof, 

the Code Authority shall report to the Administrator the action 

taken by all members of the Industry under this section. 

6. Office boys and girls under 18 years of age, to the extent of no 

more than 5% of the total number of employees described in Section 

2 hereof, may be employed at a wage of not less than 80% of the 

minimmn prescribed by said Section provided that at least one such 

office boy or girl may be employed by each member. 

7. A person whose earning capacity is limited because of age or 

physical or mental handicap may be employed on light work a.t a 

wage of not less than 80% of the minimum prescribed by this Code, 

provided the State Authority or other agency designated by the 

United States Department of Labor shall ha.ve issued a certificate 

authorizing his employment on such basis. Each member shall file 

with the Code Authority a list of all such persons employed by hin1. 

The provision of this Section requiring a certificate of authority 

shall not become effective until sixty days after the effective date 

of this Code. 

ARTICLE Vr-GENERAL LABOR PROVISIONS 

1. No person under sixteen ( 16) years of age shall be employed in 

the Industry. No person under eighteen (18) years of age shall be 

employed at operations or occupations which are hazardous in nature 

or dangerous to health. The Code Authority shall submit to the 

Administrator within sixty ( 60) days after the effective date of this 

Code a list of such operations or occupations. In any State an 

employer shall be deemed to have complied with this provision as to 
22 

age if he shall have on file a certificate or permit duly signed by the 

authority in such State empowered to issue employment or age 

certificates or permits, showing that the employee is of the 

required age. 

2. Employees shall have the right to organize and bargain collectively through representati-.;-es of their own choosin~, and shall be 

free from the interference restraint, or coercion ot employers of 

labor, or their agents, in the designation of such representatives or 

in self-organization or in other concerted activities fo-r the purpose 

of collective bargaining or other mutual aid or protection. No 

employee and no one seeking employn1ent shall be required as a 

condition of emplo3 ment to join any company union or to refrain 

from joining, organizing, or assisting a labor organization of his 

own choosing. Employers shall compl) with the maximum hours 

of labor, minimum rates of pay, and other conditions of employment, 

approved, or prescribed by the President. 

3. No provision in this Code shall supersede any State or Federal 

law which imposes on employers more stringent requirements as to 

age of employees, wages, hours of work, or as to safety, health, 

anitary, or general working conditions or insurance or fire protection, than are imposed by this Code. 

4. No employer shall reclassify employees or duties of occupations 

performed or engage in any other subterfuge for the purpose of 

defeating the purpo es or provisions of the Act or of this Code. 

5. All employers shall post copies of Article III, IV, and V of this 

Code in conspicuous places accessible to employees. 

6. Every employer shall make reasonable provisions for the safety 

and health of his employees at the place and during the hours of 

their employment. Standards for safety and health shall be subnlitted by the Code Authority to the Administrator within six ( 6) 

months after the effective date of this Code. 

7. No provision in this Code shall supersede provisions as to 

hours, wages, and conditions of employment which are established 

for specific projects by competent governmental authority acting 

in accordance with law, or to terms of employment which are established by labor agreements now in force, where either the wages 

are higher or the hours of labor are shorter, or both, than are those 

set forth in this Code. 

8. The Code Authority shall make a study of conditions in the 

Industry to determine the feasibility of the adoption of a shorter 

working week and shall, within three (3) months after the effective 

date of this Code, make a report of its findings to the Administrator. 

The Code Authority shall also submit to the Administrator within 

six (6) months after the effective date of this Code, a plan for the 

stabilization and regularization of en1ployment. 

9. The manufacture or partial manufacture of any product of the 

Industry in homes shall be prohibited. 

ARTICLE VI-AccouNTING-SELLING 

1. The Code Authority shall, as soon as practicable, formulate 

a standard method of accounting and costing for the industry and 

submit the same to the Administrator. 'Vhen it shall have been 
23 

approved by the Administrator, every member shall use an accounting and costing system which conforms to the principles of, and 

is at least as detailed and complete as, such standard method. 

2. The Code Authority may from time to time determine that 

an open price plan of selling such product or products of the Industry as it shall specify shall be put into effect on such date as it shall 

fix. Notice of such determination shall be announced to all known 

members of the Industry who manufacture such products not less 

than 30 days prior to the date so fixed. 

3. At least ten days prior to such date, every such member shall 

file with the Code Authority a schedule of prices and tenns of sale 

for all such products or, in the alternative, shall be deemed to have 

filed a schedule conforming in respect to price and terms of sale with 

the schedule at any time on file which states the lowest price and the 

most favorable terms. 

4. All such schedules shall be in such form as the Code Authority 

shall prescribe and shall contain all information necessary to permit 

any interested person to determine the exact net price per unit after 

all discounts or other deductions have been made, whether pertaining 

to a single order, a commitment for future delivery, or a contract. 

All such original schedules shall become effective on the date fixed 

by the Code Authority as provided in Section 2 hereof. 

5. A revised schedule or schedules, or a new schedule or schedules, 

or a notice of withdrawal of a schedule previously filed, may be filed 

by a member with the Code Authority at any time, provided, however, that any member who withdraws a schedule without substituting a new schedule therefor shall be deemed to have filed a schedule 

conforming in respect to price and terms of sale with the schedule 

at any time thereafter on file which states the lowest price and the 

most favorable terms. Any schedule or notice filed hereunder shall 

become effective five days after the date of filing, provided, however, 

that an increased price may become effective at such earlier date as 

the member filing the same shall fix. 

6. The Code Authority shall promptly supply all members of the 

Industry who manufacture any particular product with copies of all 

schedules, revised schedules and notices of withdrawal, which pertain to such product. Immediately upon receipt of information relative to the withdrawal of a price for any product, any member may 

file notice of withdrawal of his own price for the same product effective as of the same date as the notice of withdrawal of such other 

member. Immediately on receipt of information that a schedule 

then on file has been revised, or that a new schedule has been filed, 

any n1:ember may file a revised schedule conforming as to price and 

terms to the schedule of such other member, and effective on the same 

date, or he may notify the Code Authority that he adopts as his own 

the schedule of such other member. In the latter event, he shall 

be deemed to have filed a revised schedule conforming to the revised 

schedule of such other member. 

7. No such schedule of prices and terms of sale filed by any member, or in effect at any time, shall be such as to permit the sale of 

any product at less than the cost thereof to such member determined 

in the manner provided in Section 11 hereof, provided, however, that 

any member may by notice to the Code Authority adopt as his own 
24 

a lower price filed by another designated member. Such adoption 

shall become automatically void upon the withdrawal or revision 

upward of the price adopted. 

8. No member who shall have filed a price, or adopted as his own, 

a price filed by another member :for any product of the Industry, 

shall sell such product for less than such price or upon terms or 

conditions more :favorable than stated in such price schedule. No 

member, who shall have failed to file a price for any product for 

which the open price plan is in effect, shall sell such product at a 

lower price or on terms more favorable than the lowest price and 

most favorable terms stated in any price schedule :for such product 

then on file. 

9. The Code Authority shall furnish at cost to any non-member 

requesting them, copies o:f any price schedules which have been filed 

with it. Such price schedules shall be made available to nonmembers at the same time that they are sent to members. 

10. No member shall sell any product of the Industry for which 

no open price plan is in effect at less than the cost thereof to such 

member, determined as provided in Section 11 hereof, except to meet 

the price of a competitor whose price does not violate such Section. 

11. Cost, for the purposes o:f this Article, shall be determined 

pursuant to the method o:f accounting and costing prescribed as provided in Section 1 hereof as soon as such method is adopted, and approved, and theretofore pursuant to the method employed by such 

member subject to such preliminary rules as the Code Authority 

shall from time to time prescribe with the approval o:f the Administrator. 

12. For the purpose of determining whether Sections 7 and 10 

hereof have been complied with, every member shall upon the request of the Code Authority furnish a designated agency o:f the 

Code Authority in respect to closed transactions only, with complete information in regard to any quotation, order, contract, or sale 

of any product of the Industry, including information as to specifications, quantities, price, conditions of storage, transportation or 

delivery, terms of billing, cash or trade discounts allowed and other 

pertinent facts relating to such quotation, contract or sale. 

13. Nothing herein contained shall be construed to prevent the 

disposition of distress merchandise required to be sold to liquidate a 

defunct or insolvent business or of discontinued lines, damaged 

goods or seconds, in such manner at such price and such terms and 

conditions as the Code Authority and the Administrator may 

approve. 

14. Nothing herein contained shall be construed to prevent the 

fulfillment of a bona fide contract existing on the effective date of 

this Code.* 

ARTICLE VII-REPORTS AND STATISTICS 

1. Each member shall prepare and file with an impartial agent 

designated by the Code Authority at such times and in such manner 

as it may prescribe, such statistics, data, and information relating to 

plant capacity, volume of production, volume of sales in units and 

• See paragraph 2 of order approving this Code. 
25 

dollars, orders received, unfilled orders, stocks on hand, inventory 

both raw and finished, number of employees wage rates, employee 

earnings, hours of work, and other matters, as the Code Authority 

or the Administrator may from time to time require. Any or all 

information so furnished by any member shall be subject to checking for the purpose of verification by an examination of the books, 

accounts, and records of such member by any disinterested accountant or accountants or other qualified person or persons designated by 

the Code Authority. 

2. Except as otherwise provided in the Act, or in this Code, all 

statistics, data, and infonnation filed or required in accordance with 

the provisions of this Code shall be confidential and the statistics, 

data, and information of one member shall not be revealed to another member. No such data or information shall be published 

except in combination with other similar data and in such a manner as to a void the di closure of confidential information. The Code 

Authority shall arrange in such manner as it may determine for the 

current publication of industry statistics to members. 

3. The Code Authority shall make such reports to the Administrator as he may from time to time require. 

4. In addition to information required to be submitted to the Code 

Authority there shall be furnished to Government Agencies such statistical information as the Administrator may deem necessary for 

the purpose recited in Section 3 (a) of the Act. 

ARTICLE VIII-MoNOPOLIEs 

1. No provisiOn of this Code shall be so applied as to permit 

monopolies or monopolistic practices, or to eliminate, oppress, or 

discriminate against small enterprises. 

ARTICLE IX-RECOMMENDATIONS 

1. The Code Authority may, from time to time, present to the Admi:n~strator recommendations based on conditions in the Industry which will tend to effectuate the operation of this Code and the 

policy of the Act, and in particular along the following lines : 

(a) For the establishment of additional rules of fair-trade practice for the Industry and for the modification of its trade customs, 

and the enforcement thereof. 

(b) For the establishment of plans to equalize production with 

demand, so that the interests of the Industry and the public may be 

properly served. 

(c) For dealing with any other inequality that may arise to endanger the stability of the Industry and of production and 

employment. 

(d) For an increase or decrease in the number of Industry members of the Code Authority and/or for a change in the method of 

choosing such members. 

2. For the purpose of assisting the Code Authorities of the Paper 

Manufacturing and/or Converting Industries in the adjustment of 

all labor disputes and labor complaints arising within such industries, the Code Authority shall consider the advisability of creating 
26 

a Joint Industrial Relations Board for such Industries and shall 

report its recmnmendations to the Administrator. 

3. Recommendations made pursuant to Sections 1 and 2 hereof 

when approved by the Administrator shall have the same force and 

effect as other provisions of this Code. 

ARTICLE X-TRADE PRACTICES 

1. The following are hereby constituted Trade Practices for the 

Industry and failure to comply with the provisions thereof shall be 

a violation of this Code. 

(a) :.Members of the Industry shall not practice deception in 

regard to that which is sold or its selling price by false or misleading 

description, statement, record, or undisclosed consideration. 

(b) :Members shall refrain from dumping, deferred delivery, extension of stated credit, and secret rebates. 

(c) :Members shall not wilfully injure by falsely defaming a 

competitor's goods, credit, or ability to perform his contracts. 

( cl) Members shall not wilfully induce or attempt to induce the 

breach of a cmnpetitor's contract. 

(e) No member shall give, permit to be given, or directly offer 

to give, an3 thing of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another 

in relation to the business of the employer of such employee, the 

principal of such agent, or the represented party, without the knowledge of such employer, principal, or party. The foregoing provisions shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such 

articles are actually used for commercial bribery as herein defined. 

(f) No member of the Industry shall ship goods on consignment 

except under circum.stances to be defined by the Code Authority, 

where peculiar circumstances of the Industry require the practice. 

(g) No member shall extend to a customer special prices, services, 

or privileges not extended to all puchasers in the same classification 

and under like terms and conditions. 

2. In the event of a demand upon any member for a cap not 

included in men1ber's previously filed schedules and definitions, 

the member may set a temporary price including a proper upcharge 

to cover the additional cost. 

3. (a) :.Members are responsible for the acts of their sales representatives or sales agel).ts in respect to all provisions of this Code 

pertaining to sales as provided in Article VI. Violations of the 

provisions of this Code as pertaining to sales by members' sales representatives, or sales agents, constitute a violation of this Code on 

the part of the member. 

(b) The giving by members or their representatives or sales agents 

of secret commissions, secret or open rebates, refunds or credits in 

the form of money, presents, free goods, advertising allowances, or 

otherwise for the purpose of inducing sales or contracts, is a direct 

violation of the provisions of this Code. 

(c) Members' sales representatives or sales agents are persons, 

partnerships, or corporations employed by a member or members on 
27 

whole- or part-time basis; and compensated on the basis of salary, commi sion, both salary and commission, or otherwi e. 

4. When entering into contracts providing for partial shipments 

the governing price hall be the price quoted by the member for the 

total quantity of the contract, provided, that no member shall sell 

to a cu to mer, who is li ted in theN a.tional As ociation of Bottle Cap 

Manufacturers' official rating book and supplement an l revisions 

thereof, any product of the Industry at a price ba ed upon a greater 

quantity than the quantity listed for such customer jn said r ating 

book. On all other orders the go·verning price ·hall be the price 

quoted by a member in accordance with the proYision of Article VI 

of this Code. 

ARTICLE XI-GENERAL PROYISIONS 

1. If any n1.ember is al o a men1.ber of another indu try, the provisions of this Code shall apply to and affect only that part of his 

business which is included in this Indu try. 

2. Any work or proce s incidental to, and carried on b. r a member 

at his plant as a part of the manufacture of any product of, the 

Industry, shall be regarded as a part of thi Indu try. 

3. Such of the provisions of this Code as are not ·required to be 

included therein by the Act, may, with the approval of the Administrator, be modified and eliminated as changes in circum tances or 

experience may indicate. 

4. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of Section 10 (b) of the Act, from time to time to cancel or 

modify any order, approval, license, rule, or regulation, is ued under 

Title I of said Act, and specifically, but without limitation, to the 

right of the President to cancel or modify his approval of such Code 

or any conditions imposed by him upon his approval thereof. 

5. This Code shall become effective on the second :Monday after 

the date upon which it shall be approved by the President of the 

United States. 

Approved Code No. 246. 

Registry No. 1608-02. 

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UNIVER SITY OF FLORIDA 

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3 1262 08584 1871