Approved Code No. 522 Registry No. 69q--22

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

AUTOMOTIVE CHEMICAL SPECIALTIES

MANUFACTURING INDUSTRY

AS APPROVED ON SEPTEMBER 27, 1934

M MEMBERR

U.S.

WE DO OUR PART

UNITED STATES

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WASHINGTON: 1934

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Approved Code No. 522

CODE OF FAIR COMPETITION

FOR THE

AUTOMOTIVE CHEMICAL SPECIALTIES

MANUFACTURING INDUSTRY

As Approved on September 27, 1934

ORDER

CODE OF FAIR COMPETITIoN FOR THE AUTOMOTIVE CHEMICAL

SPECIALTIES MANUFACTURING 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 Automotive Chemical Specialties Manufacturing Industry, and hearing 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:

NOW, THEREFORE, on behalf of the President of the United

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

pursuant to authority vested in ine 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

innediately upon the establishment of the Code Authority, that

body shall appoint a committee for the purpose of coordinating this

Code with codes covering kindred products; within 60 days after

approval hereof this committee shall make a detailed report to the

Administrator.

HUGH S. JOHNSON,

Administrato.- for Indltial Recorcliy.

Approval recommended:

JosEPH F. BATTLEY.

ACting Dirision? Administratioi.

WASHINGTON, D. C.,

Septcmbe ' 27, 1934.

SS217 -1181-117-34 (1)
REPORT TO THE PRESIDENT

The PRESIDENT:

Si: A Public Iearingl on the Code of Fair Competition for the

Automotive Chemical Specialties Manufacturing Industry, subnitted by the Automotive Chemical Specialties Manufacturers Association W.1 conducted in Washington on the 4th of JLne, 1934, in

accordance with the prov iIons of the National Industrial Recovery

Act. Tlis Am intion claim-s to represent eighty-six (8Y%) per

ceit. of the dollar ,ales volune of the Industry.

THE INDUSTRY

The products of the Industry are chemical materials that are

usually v list ributed through aum t obile service channels, such as

nut1mobie polishes and tol peaners, dresings, brake fluids and so

forth. Most of the establisliments are relatively small independent

ones or divisions of large coniceris engaged in related industries.

Their number decreased from eighty in 1928 to 61 in 1933 and their

invested capital from about $U7,0,000 in 1928 to $6,500,000 in 1933.

Production capacity was estimated at more than double 1933 sales.

The demand for the Industry's products varies with automobile

production anld also with general business conditions.

PROVISD)INS OF THE CODE AS TO WAGES AND HOURS

The Code establishes a work week of forty hours per week with

an eight hImir day with a thre- month averaging period, but in no

case in excess of forty-eight hours in any one week.

There are excepted from the above, technical or professional employees, but not including skilled operating personnel, and trusted

Caretakers, who receive more thanm thirty-five dollars per week. Emplovees in a managerial, supervisory or executive capacity who receive thirty-five dollars or more per week ; batch operators in continuois pricesses where restriction of hours woUld unavoidably re-

(lice reductionn and who receive hirty-five dollars or more per week

are aIso excepted.

Employees eigaged in emergency maintenance, or emergency

repair work are excepted from the basic work week, provided

that, in such special cases time a(l one-third shall be paid for all

hours worked in excess of forty per week and eight hours in any

oie day. Watchmen are not permitted to work in excess of fiftysix hours per week and have one day of rest in every seven day period.

The Code establishes a mm minimum waage of forty cents per hour,

except employees engaged in lit packaging, filling and wrapping

(2)
3

operations who shall be paid at a rate of thirty-five cents per hour.

Office and Clerical employees shall be paid at a rate of fifteen dollars

per week. Conunission salespeople are excepted from these provisions.

Female employees. where they displace male employees. 'all receive

the same rate of pay as those' they displace. The (ode Authority

will submit within ninety days after the effective date of this Code

a list of occupations in which both men and women are employed.

There is also provision that no member of the In(ustry or his

representative shall accept any rebates. or free services or other

gratuities from employees, which shall have the effect of a reduction

in wages.

ECONOMIC EFFECT OF CODE

A considerable part. of the labor is employed in light packaging,

filling and wrapping operations. Despite. the decrease in dollar

volume of business the number of employees increased from 1928 to

1933 and was further increased by compliance with the President's

Reemployment Agreement and imlproved business. Working hours

have been reduced about. 23 per cent since 1928. Mininmm hourly

rates decreased about 20 per cent between 1928 and 1933. Following

the President's Reemployment Agreement the 1919 minimum rates

were generally restored. Payrolls were increased about 30 per cent

during late 1933.

The Code's maximum hour provisions should lead to even further

increases in employment with any further improvement in business.

The mininun hourly wage rates provided in the Code are at

least as high as those generally paid in 1929. Minimum weekly

earnings are probably less than those of 1929 because of the shortened

working hours but should be equivalent to those of 19'9 in purchasing power.

Some further small increase in payrlls may result from complete

compliance with the Code's minimum wage provision and equitable

adjustments of waue rates above the minimum by employers who

have not previously made such adjustments.

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 of 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 imiter-state and foreign

commerce which tend to diminish the amount thereof and will provide for the general welfare by )roimiotiig the organization of

industry for the uirpose of cooperative action among the trade

groups, by inducing and maintainingc united 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 tem-
4

porarily required), by increasing the consumption of industrial and

d gricultural products through increasing purchasing power, by reCIngA ald relieving Tnmp)loylent, by limproVing standards of

Iibor, alby i ther1lwis rehabilitatiil- industry.

(b) Said Industr v nloimally employs not more than 50,000 employces; aind is not classified by me as a major industry.

(c) The Code ds approved Complies in all respects with the. pertineint provi-i() (f said Title of said Act, including without limitation Sihsection (a) f Sect ion 8, Subsectioni (a) of Section 7, and

Subsectioln (b) (. Section 10 thereof ; and that the applicant association is an iu(lrtri a! a location truly representative of the aforesaiI Indutry1 : mi v d that said associati(,n inmposes n1o inequitable

'Arlet.iins oil i sion to iniembership therein.

(I) The C(o d i- nlot (lesigmed to ani will mIot permit ilonopolies

(W m110n1poli.-4ie practices:.

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

smalt eltrrisfs amnd will Niot operate to discrimminate against them.

(f) Those e;igaged 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 of Fair Competition for the Automotive Chem ical Specialties Manufacturing Industry has been

approved.

R espectf 1illy,

HUGH S. JOhNSON,

Adnistrator.

SEPTEMBER 27, 1934.
CODE OF FAIR COMPETITION FOR THE AUTOMOTIVE

CHEMICAL SPECIALTIES MANUFACTURIN ( G INDUSTRY

ARTICLE I-PURI'OSES

To effectuate the policies of Title I of the National Industrial

Recovery Act, the following provisions are established as I Code of

Fair Competition for the Automotive Chemical Specialties Manfacturing Industry, and shall be the standard of fair competition

for this Industry, and shall be binding upon every member thereof.

ARTICLE II-DEFI N ITION S

SECTION 1. The term " Industry " as used herein is defined to

mean the manufacture and sale by the manufacturer of automotive

chemical specialties usually sold through wholesalers and other

channels of distribution; including, but without limitation, such

products as auto polishes (both liquid and wax), auto body cleaners,

touch-up enamels, top dressings, radiator cleaners, radiator stopleak compounds (both liquid and powdered), carbon removers, rust

preventatives for cooling systems, automobile upholstery cleaning

compounds. windshield cleanin- compounds, valve grinding coIpounds, auto top cements, gasket cements, shock absorber fluids,

hydaulic brake fluids, and other kindred automotive chemical specialties.

SECTION 2. TIe term member of the Indistry " as used herein

includes, but. without limitation, any individual, partner.hip, assciation, corporation, or other form of enterprise eng-aged in the

industry, either as an employer or on his or its own behalf.

SECTION 3. The term employee " as used herein includes any and

all persons engaged in the Industry, however compensated, except a

member of the Industry.

SECTION 4. The term " employer " as used herein includes anyone

by whom such employee is compensated or employed.

SECTION 5. The term "ACSMA" as used herein means Automotive Chemical Specialties Manufacturers Association.

SECTION 6. The terms " President ", "Act ", "Administrator " as

used herein mean respectively the President of the United States,

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery.

SECTION 7. The word " wholesaler " as used herein shall mean a

person, partnership, corporation or other form of enterprise, actually

engaged in the uying of merchandise and iii the reselliig of such

merchandise to retailers, who mainitains a regularly established

place of business, who carries a merchandise inventory enabling him

or it to supply the reasonable demad(ls of the clientele served, and

(5)
6

who (enerally performs the recognized functions of a wholesaler in

a manner acceltable to his or its suppliers on the one hand, and to

his Or its cuistoners on the other.

SiECTION S. TJi word " retailer " as used herein shall be construed

to include avY and all persons., partnerslips, corporations or other

form of enterprise regularly engaged in the sale of merchandise

ad 1 or service to the consuming public.

ArTIcLE III-HOuRs

SEW"iON 1. JUP/I//'lf i Ho u,.-No employee shall be permitted to

work il excess of eight (8) hours in any one day, or forty (40) hours

in any one week. II order to meet peak period demands, employees

may b permitted to work not more than nine (9) hours in any one

day, or forty-eight (48) hours in any one week, provided that such

period',s will not, exceed twelve (12) weeks iII any oe year. SECrioN 2. Lxc piown (,is to Ho Urs.-The limitation as to hours of

labor as specified in Section 1 of this Article shall not apply to the

followig:

(a ) Employees in a managerial, supervisory, executive, technical

or professional capacity, and trusted caretakers who receive thirtyfive dollars ($85) or more per week, but not including skilled

operating personnel; anld outside salesinen.

(b) Batch operators, in cases of emergencies and in continuous

processes where restriction of hours would work hard ships on other

employees and would un avoidably reduce production, shall receive

time and one-third for hours worked in excess of forty (40) hours

per week, eight (8) hours per day. (c) Employees engaged in ei-ergency maintenance, or emergency

repair work involving breakdown or protection of life or property;

Provided, that in such special (Mses not less than one and one-third

(11/;) times the normal wage rate for any en)loVee so employed

shall be paid for all hours worked in excess of forty (40) hours in

aINy week, or eight (8) hours in any (lay.

S3ci)N 8. If any employee. with the exception of those employees

included in Section 2 (a) who receive thirty-fivo ($85) dollars or

more p' week and outside salesmen, and those engaged in a manageri, supervisory or exe( tive capacity who receive thirty-five

($85) dollars or more per week, wo'ks in excess of eight (8) hours

in any tweinty-for (24) hour period, or in excess of forty (40) hours

in any calenldar week, the wage paid for such excess ho4rs shall not

le less than one and one-thlid (1%lA) times the regular wage rate.

SECTION 1. Watchmnuen shall not Ihe permitted to work in excess of

fiftv-six ( 56) hours per week and shall have one (1) day of rest in

each seven (7) (lay period.

SE'CTION 5. No p1 1)1Oye shaI b ' p;rim ittei1 to work more than six

(6) days ill any seveli (7) day perio.

AnnIE 1,i-LE

Src'moN 1. i m lVup's.-No eiJmployee shall be paid less than

at the rate of forty cents (40gj) per hour except:
7

(a) Employee eigraged in light packa gn filling mid wrapping operations who siall be )paid at a rate iot lethh a thirty-five cents

(35c) per lhoii'.

(b) (fice and clerical employeVes who shall ho pid at a rate not

less than fifteen dollars (,15) peir week.

/ poyis-Female cmpl SE( o yep T1 perfirmingi i2. F, sub- E 

stantiallv the same work a> male aihl receive 11n,11v1 the -aie

rate of pay as male employee: an11d hiie they di place men. they

shall receive the sile rate of carnilun as the men they displace. The

Code Authority shall within ninety (90) days- after the effective date

of this Code file with the Administrator a d('ription of all ovenpations in the Industry in which both men and women alre employedd.

S ECTIN 01. PewokCom1jY 1110o0---Mill;111 01 11(1 S-Th)is .-

article e: tabliies, a miimm foensatiPn for ea h cla- of emplovee which shall apply. irrespective of whether an implovee is

actually compensatcI on a time rate. piece work, or other basis.

SECTON 4. w/ge be Miium.-Equtable adjuii.tments in all

pay schedules of employees shall be made within thirty (30) days after the effective date of this Code 1y any empl yer who has not

heretofore made >uch adjutm[eilts under the National Industrial

Recovery Act. In no case shall rates be reduced. Within sixty (60)

days after the effective date of this Code. all such adjustment- made

under the Act sJiall be reported to the Code Authority and to the

Admin istrator.

SECTION 5. Pw//),, of JIag/ee--An employer shall rnake payment

of all wages due in lawful currency or by negotiable chewk, therefore,

payable on demand. These wages shall be exempt from any 

ments for pensions. insurance. or sick benefits other than those

voluntarily paid by wage earners. or required by tate laws. Wages

shall be paid at least at the end of every two (2) week period,

and salaries at least at the end of every month. No employer shall

withhold wages or salaries.

SECTION 6. Ili >;cu'topji Po i'Nori.--A person whose earmini capacitv is limited because of age or physical or mental handicap or other

infirmity may be employed oi light work at a wvage below the minimum established by this Code if the employer obtain, from the State

authority designated bv the United States Department of Labor a

certificate authorizing his employment at such wage> and for -,ich

hours as shall be stated in the certificate. such authority hall be

gu'lided by the inistructiojis of the United States Departmnent of Labor

in issiiin certificates to such per-ons. Each employer shall file

monthly with the Code Authority a list of all such persons eomployed by him. shuwinr the wzures paid to. and the maxinmun hours

of Such work for such employee.

ARTRLE \-GENERAL LABOR AND OTHER PROVIs-I4INos

S7(-TI iN 1. Cld Labor.-No person under sixteen (16) years of

age shall be employed in the Industry in any capacity. No per-on

under eighteen (18) years of age shall be employed at operations or

occupations which are hazardous in nature or dan'gerous to health.

The Code Authority shall submit to the Adminitrator within sixty
8

(60) days after the approval of this Code a list of such ope

occupations. In any state any employer shall be deeme

h

complied with this provision as to age if he shall have 

certificate or permit, duly signed by the Authority in s

empowered to issue employment or age certificates or perm

ing that the employee is of the required age.

SFCTIoN 2. Proiioa/olms ro/i the Act.-(a) Employees 

h

the right to organize and bargain collectively through repre

of their own choosing, and shall be free from interference, r

or coercion of employers of labor, or their agents, in the d

of such representatives or in self-organization or in other 

activities for the purpose of collective bargaining or oth

idI or protection.

(b) No employee and no one seeking employment shall b

r

as a condition of employment to join any company un

refrain from joning, organizing, or assisting a labor or

of his own choosing, and

(c) Employers shall comply with the maximum hours 

minimum rates of pay, and other conditions of employment 

or prescribed by the President.

SECTION 3. 4$tate Laws.-No provision in this Code shall 

any State or Federal law which imposes on employers more 

requirements as to age of employees, wages, hours of work

safety. health, sanitary or general working conditions, or 

or fire protection, than are imposed by this Code.

SECTION 4. Er(fiofl Througqh Subterfuge.-No employer

classify employees or duties of occupations performed or 

any other subterfuge so as to defeat the purpose or provisi

Act or of this Code.

SECrIoN 5. Posthi.-All employers shall post and ke

p

copies of the labor provisions of this Code in conspicuous p

cessible to all employees. Every member of the Industry 

ply with all rules and regulations relative to the posting p

sions of Codes of Fair Competition which ma from tim

be piescribed by the Administrator.

tuii A/0o' mAcety SECTION a (1 Healf/l?.-Every 0. employerj 

shall provide for the safety and health of employees during 

h

and at the places of their employment. Standards for 

health shall be slbmlitted by the Code Authority to the A

tor within three months after the effective (late of the C

SECTION i. y by Se eral EVm nloyers.-No emp

knowingzly permit any employee to work for any time wh

added to the time Spent tit work for another employer or 

ill this Industry (r anv other Industry or trade, exceeds 

I1Iolm permiittO'( herein.

missed denc aCICpt ployecs, SE("TION SE CTiON with amy or which demoted 8. 9. respect rebates, No lN shall member w/,.ia/ to by h or avell reason free for alleged the of Coiuplaidt.-No the services effect of violation IndIlstry mnakiiig of or a reduction other a of or comIplaiIt this his employee gratuities representCode. in Watgesor shgb
9

ARTICLE VI-OIRGANIZATION, POWERS, AND DUTIES OF TIE 

AUTHORITY

SECTION 1. Org/n zation, and Constu/wu.---To further e

the policies of the Act a Code Authority is hereby set up to c

with the Administrator in the administration of this Code.

SE('TIoN 2. The Code Authority shall consist of slven (7

bers, five (5) of whom shall be members of the Executive Co

of the Automotive Chemical Specialties Man ufacturers Ass

and two (2) of whom shall be representatives of the mellber

Industry who are non-iembers of the assOciation and shall b

by a fair method of election approved by the Administra

if said noni-member representatives are not elected within a 

able time, then the Admiinistrator shall desimnate such tw

sentatives.

SECTION 3. In addition to membership as aiove provide ed, n

than three (3) members, without vote and without comip

from the Inidustry, to be known as Administiation Members, 

appointed by the Administrator to serve for such terms as 

specify y.

SECTION 4. Each trade or industrial association directly 

rectly participating in the selection or activities of the C

thority shall (1) impose no inequitable restrictions on mem

and (2) submit to the Administrator tirtue copies of its articl

sociation, by-laws, regulations and any amendneits whe

thereto, together with such other information as membership

ization, and activities as the Alniinistra tor may deem nece

effectuate the purposes of the Act.

SECTION 5. In order that the Code Authority shall at all 

truly representative of the Indut4ry and in other respects 

with the provisions of the Act. the Administrator maUy p

such hearings fls he may deem pri per; and thereafter if he s

that the Code Authority is not truly representative or d oe

other respects comply with the provisions (f the Act, may 

an appropriate modification of the Code Authority.

SECTION 6. Nothing contained in tis Code shall consti

members of the Code Authority partners f)r any purpose. N

any member of the Cede Authority be 1i able in aniy muannier 

one for any act of any ether meimlier, cfliver, agent or eplo

the Code Authority. Nor shall any member of the Code At

exercising reasonable dIIigence in the cnmuct of his duti

unlder. be liable to anyone for amv a't ii or muIssi( n 1 ac

this Code, eXcept for h s own wi lfIIl ma4asance or n-feas

SECTION 7. If the Administrator sluLaI 41t allY tilie determ

any action of a Code Ajit ority or any aencv thereof may b

or require investigation by not fail to proceed unjust such be toeffective disapprove that Code or with such contrary of Authority unless such the action after merits action to the thirty th, Le or Administrator of in suspended agency pUblic such its (30) original pending action interest, days' to approves afford notice and or final tie modified further Admilistra

an to action or him opportuunless form. consiof wui
10

SECTION 8. Powers and Duties.-Subject to such rules an

tions as may be issued by the Administrator, the Code A

shall have the following powers and duties, in addition 

authorized by other provisions of this Code.

(a) To insure the execution of the provisions of this 

to provide for the compliance of the Industry with the p

of the Act.

(b) To adopt by-laws and rules and regulations for its p

(c) To obtain from members of the Industry such inf

and reports as are required for the administration of t

In addition to information required to be submitted to 

Authority, members of the Industry subject to this Code 

nish such statistical information as the Administrator m

necessary for the purposes recited in Section 3 (a) of th

such federal and State agencies as he may designate; prov

nothing in this Code shall relieve any member of the In

any existing obligations to furnish reports to any Gove

agency. No individual reports shall be disclosed to any ot

ber of the Industry or other party except to such other Gove

agencies as may be directed by the Administrator.

(d) To use such trade associations and other agencies as 

proper for the carrying out of any of its activities prov

herein, provided that nothing herein shall relieve the C

thority of its duties or responsibilities under this Code and 

trade associations and agencies shall at all times be subje

comply with the provisions hereof.

(e) To make recommendations to the Administrator fo

ordination of the administration of this Code with such oth

if any, as may be related to or affect members of the Indu

(f) 1. It being found necessary in order to support th

istration of this Code and to maintain the standards of fa

tition established hereunder and to effectuate the policy of 

the Code Authority is authorized:

(a) To incur such reasonable obligations as are nece

proper for the foregoing purposes, and to meet suc

tions out of funds which may be raised as hereinafter 

and which shall be held in trust for the purposes of the 

(b) To submit to the Administrator for his approv

to such notice and opportunity to be heard as he m

necessary (1) An itemized budget and its estimated 

for the foregoing purposes, and (2) An equitable b

which the funds necessary to support, such budget 

contributed by members of the Industry;

(c) After such budo-et and basis of contribution h

approved by the. Administrator, to determine an

thority, and Only contribution 2. Industry. ceedings equitable Each regulations members of determined membr therefor to contribution and the pertaining the to of expenses as in that Industry thereinabove its as end, Industry own thereto of above if complying name. the necessary. set provided, maintenance shall pay issued forth with by by to and his the institute all the of subject or membeAdmiCode the its lC
11

tributing to the expenses of its administration as hereinabo

vided (unless duly exempted from making such contributio

be entitled to participate in the selection of members of th

Authority or to receive the benefits of any of its voliutary a

or to mnake use of any emiblemi or insignia of the Nationial R

Administration.

3. The Code Authority sIIall neither inlcur llor p) ay ally ob

substantially in excess of the amomit thereof as esti mated i 

proved budget and shall in no evenit exceed the total amo

tained in the approved budget except upon t1 approval of the 

istrator; ald no subsequent bilget shall contain any deficien

for expenditures in excess of prior budget estimates exce

which the Adhninistrator shall have so approved.

(g) To recommend to the Administrator any act io or m

deemed advisable, including further fair trade practice pro

to govern members of the industry in their relations with ea

or with other industries, measures for industrial planning 

bilization of employment, and including miodificiations of th

which shall become effective as part hereof upon approval 

Administrator after stch notice and hearing as he may spec

(h) To appoint a Trade Practice Comnmittee which sh

with the Trade Practice Committees appointed under suc

codes as may be related to the Industry for the purpose of 

lating fair trade practices to govern the relationships bet-w

ployers tinder this Code and under such other codes, to 

that such fair trade practices may be proposed to the Admn

as amendments to this Code and such other codes.

ARTICLE VII-COST ACCOUNTING AND FILiNo

SEcTION 1. The Code Authority shall cause to be for

methods Of cost finding and acconitinig capable of use by a

bers of the industry, and shall submit such methods to the 

istrator for review. If approved by the Administrator, fu

mation concerniing such methods shall be made available to 

bers of the industry. Thereafter, each member of the indus

utilize such methods to the extent found practicable. 

herein contained shall be construed to permit the Code Au

any agent thereof, or any member of the industry to suggest 

additions, percentages or differentials or other uniform i

cost which are designed to bring about arbitrary unifor

costs and prices.

SECTION 2. (a) Within thirty (30) days after the effect

of this Code each member of the Industry shall file with 

dential and disinterested agent of the Code Authority his or 

rent price schedules for his or its standard brand products 

with of time become Immediately and vised sale, rpresent to freight price which schedules time effective lists, allowances, upon thereafter the discounts, immediately individual receipt by shall if freight thereof any, pricing completely upon member and all allowances, said receipt practices agent other of and the thereof etc., accurately shall, of terms Industry, said may by by and memb

be tlegsaiconcofia
12

by 'other equally prompt means, notify said member of t

such receipt. Such lists and revisions. together with th

time thereof, shall upon receipt be immediately and simu

distributed to all members of the Industry and to all of the

ers who have applied therefor and have offered to defra

actually incurred by the said agent in the preparation an

tioni thereof. and be available for inspection by any of the

ers at the office of such agent. Said lists or revisions. o

thereof, shall not be made availal)le to any person until 

all members of the Industry and the customers as aforesaid

that prices filed in the first instance shall not b released 

expiration of the aforesaid thirty (30) day period after th

of this Code. The said arent shall maintain a perman

all price termis filed as herein provided, and shall not d

part of such records except on written consent of the Adm

Upon request said agent shall furnish to the Administrat

duly designated agent of the Administrator, copies of a

revisions of price terms.

(b) When any member of the Industry has filed an

such member shall not file a higher price within forty-

11ours.

(c) No member of the Industry shall sell or offer to sell 

ucts of the Industry for which price terms have been filed 

to the provisions of this Article excepL in accordance 

price terms.

(d) No member of the Industry shall enter into any 

understanding, combination or conspiracy to fix or main

terms, or cause or attempt to cause any member of the I

change his price terms by the use of intimidation, coerci

other influence inconsistent with the maintenance of the 

open market, which it is the purpose of this Article to cr

ARTICLE VI 1--TRADE PRACTICE RULES

The following practices constitute unfair methods of c

for membuirs of the Industry mnd are prohbibited :

SECTION 1. To give. permit to be (Yiven, or offer to give 

of value for the purpose of influencing or reward ingr the 

any employee, agent or representative of another in rela

business of the employer of such employee, the princip

aent, 0r the orOwrpreseited party, without ihe knowledige of such employ ' er, pi-ncipal 1' or partY. This provision shall not be construed

to prohibit free and general distribution of articles comm

for advertising except so far as such articles are actually 

co0 mmiercial iriberv. as hereinabove defined.

tion scheme manner whenhich SECTION SECTION with the not is which which offered intended 2. oTo To sale jnelves involves to offer brand of to all products, (r(ive or customers lottery. misrepresentation or connercial does mark priz. or deceive ofr as the pack an bribery premiums, or same inducement any mislead class goods or or to in or purchgifts therein any the fraua
13

respect to the 1rnd, grade, quIality, quantity, (ri in, size, s

chlara-cter, nature, fiill teL Ial colltelIlt. (w pneplaratioli 

goods.

SECTioN 4. To ilnlIlce Or t) atteimpt o) illllT tle bitevleIll ()f 

conl tracts IwtWeell Coli})etitor Il nSd h I 1 U' VCl LA oin 1)s )v any iale or

decepivQ lilealls, or to ilii rfere -i1 1 wi IrP(11 the pe ' fJl Val e f

Il]\M such 'contractllIn (IlltICS Or I)v m1)v >18l1 1111> 

purpose and eflfet ot Ihauujwperilli, ll lrll!. . (s.i (.r 'lo, c0ll c llI- hu' 

tors ill their lusili(M.

l ECTrIoNdbL -). To iefilmti lit 1 I ,I (1iIIt 1'il i t I j n It I 41 to)1 )l itIlionorabl-. condluct, inability to perform c()11tract- , Ih't m l 

stauidinl, or by o ier false rer c.-elltat ion, ;ir Talelv 1)y 1li

the gYrade or (1ldlitv of hi:.( )Oilds.

SECTiO( 0. To imiitate trade ltunks. labeLo. ranau n lo&ais,

and or packa i other manufacture, "Is tP (wcive (r 

telldeVy to deceive custoilner or pr-pecti v cui.stomwr-.

Sixc'rxoN 7. To publl-ih adverti.,ig (whether priU t, ra

play, or of any other nature) which is inisleadi n or inacc

any imaterial particular: to misrcprecint In ayIV Wav (Il

(including but without liinitationi its i,, trade iark. gale. quantity. origin, Size. subst,1hnce, chiziracter, nature, finish, miate

tent, or preparation ). OF credit terms, policies. valil('5, servic

nature or form of the Ilisiness conductedd.

SECTION 8. To sectire contideltial information conlceriing 

ness of a competitor by false or miisleading stateinllnt, 0r rep

tion by a false impersonation of ome in authority, by bribe

aniv other unfair method.

SECTION 9. To guarantee the resale of merchandise for 

sale or retail customer.

SECTION 10. To purchase or take in exchange from a whol

retailer the goods of a competitor for oe's own nerchandise. 

or facilitate such an exchange or purch lase to be made by one's

salesmen, agents. jobbers. or other repreisenitat ives.

SE CTioN 11. To enewro1crae Or ill any maimlln promote 'I l

cOmpetitOrPS advertising, trade name, Or sloian ill an ('ifort 

about the sale or use of one's own products as a sustitute 

merchandise of such c(omnpetitor.

SECTION 12. To sell or ship merchandise MIonsig ment.

SECTIN 11. Knowingly to withhold fromn or inert in an

j

tiol invoice any statement that makes it inaccurate in any 

part itlar.

AIIrr('LEE IX- i\onmrIc.ro i

SEcTION 1. This Code and all tile p rovisim l thereof ar0 e

made subject to the ri'ht of the Priesid-nt, inl ccordn1ce 

provisions timeon included trator, by SECTIOx needs issued to b cancel therein of modified of 3. under the Such sbsection or public, by modify Title or provisions theliminated by I Act, of (b) any changes said may. of order, of Svetioxn Act. ii this w'ith in smelh approval, circum1tances, Codu the 10 manner approval of a! licenFe. the arus Act. not. may (Jr of rule requirby from the be exoAi
14

ARTICLE X-ExPoRT TRADE

SECTION 1. No provision of this Code relating to prices or terms

of selling, shipping, or marketing, shall apply to export trade or

sales or shipments for export trade. " Export Trade " shall be as

defined in the Export Trade Act adopted April 10, 1918.

ARTICLE XI-MONOPOLIES, ETC.

SECTION 1. No provision of this Code shall be so applied as to

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

or discriminate a(rainst small enterprises.

ARTICLE XII-EFFECTIvE DATE

SECTION 1. This Code shall become effective on the tenth (10th)

day after its approval by the Administrator.

Approved ('ode No. 522.

Registry No. 099-22.

0

UNIVERSI T Y OF FLORIDA

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