Approved Code No. 450 Registry No. 1648-06 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

DOG FOOD INDUS'fRY 

AS APPROVED ON MAY 31, 1934 

WE DO OUR PART 

.... .. ........ 

' . '. 0-=- ----

U.!. DEPO&tTO~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washingto n, D.C. - - - - - - - - Price G cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 50-1 Post Offic Building. 

Birmingham, Ala. : 257 F ederal Building. 

Boston, Mass. : 1801 Customhou. ·e. 

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

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

Chicago, Ill.: Suite 1706, 201 North Wells Stree t. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

D troit, Mich.: 801 First National Bank Building. 

Houston, Tex. : 'hamber of Commerce Building. Indianapoli , Ind. : Chamber of Commerce Building. 

Jacksonville, Fla. : Chambei· of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Bi·oadway. 

Louisville, Ky. : 408 Feclern:l Buildino-. 

Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. 

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

Norfolk, Va.: 406 Ea t Plum Street. 

Philadelvhia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Po t Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Cu tomhou. e. 

Seattle, Wash.: 800 Federal Office Building. 
Approved Code No. 450 

CODE OF FAIR COMPETITION 

FOR THE 

DOG FOOD INDUSTRY 

As Approved on May 31, 193! 

ORDER 

APPROVING CoDE OF F AIR CoMPETITION FOR THE DoG FooD INDUSTRY 

An applicati n having been duly made pur uant 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 Dog F ood Indu 'try, and hearings having 

been duly held thereon, and th annexed report on said Code containing finding · with respe t there'-o having boen duly male and 

directed to th e Presid nt: 

NOW. THEREFORE, on behalf of the Pre ·i lent of the United 

States, I, Hugh S. John on. Admini trator for Indu trial Recovery, 

pursuant to authority veste l in me by Executive Ord.or of the 

President, including Executive Ord r 3o. (5043-A dated Decemb r 

30: 1933, do hereby in .orporate by reference aiel annexed report 

and do fin l that ·aiel Code complie. in allre pects with the pertinPnt 

provi. ion · and will promote the poli y and purpo es of said titl 

of the Act; a.1d do hereby order that . aid Code of Fair Competition be un l it i hereby approved: provided, that the provi ion.· of 

Article IX, Section 1, paragraph (c) , in so far as they prescribe 

a waiting p riocl between the filing with the Code Authority and 

the ft' r·tiv elate o-f revi cl sch dules of prices, discounts, terms 

and condition · of ale be and they are hereby -tayed pending my 

further orde1: either within sixty (60) day from the effective dnte 

of th e Code or after th completion of a .~tudy of open price w ociation · now being condu t l by the National Re overy Admini tration. 

H uGH . JoHN o .. 

Ad1nini ·trato;· foT I ndustrial R ov J'Y· 

Approval rccommen l<'d : 

A. \i'\T. RILEY, 

Di1•i -io11 Ad1ninist1'atm·. 

\V AfHIL GTO-T. D.C., 

11/ay 3!, 1.931; . 

G41 1 °- - GG7- G-34 ( v7 ) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The "JIVhite H mr-se. 

Sm: This is a report on the Hearing of the Code of Fair Competition for the Dog Food Industry. This hearing was held in the 

Burlington H otel, Washington, D.C., on February 16, 1934, in accordance with provisions of the National Industrial Recovery Act. 

GENERAL 

It is estimated that this Indu. try, made up of 105 plants, employs 

approximately 2,000 workers. 

This Industry enjoyed a rapid growth during the past ten (10) 

year with ales for 1933 e timated in xc ~ of $100,000,000. The 

Code contains a provision pro"viding f or standards of quality based 

upon biological value , which should tend to make for a uniformly 

higher grade dog food. 

PROVISIONS FOR HOURS AND WAGES 

The Code tabli hes a norma] eight (8) hour day and forty (40) 

hour week for factory and clerical employee with the usual exception · for on ~ employed in a manaO'erial, executive, an l supervisory capacity, and outside ·alesmen. Route delivery salesmen 

regularly receiving thirty dollar ~ ($30.00) per week averaged over 

a four ( 4) week period are exempt from the hourly provisions. 

Chauffeurs, truck and d livery men are allowed a forty-eicrht ( 4 ) 

hour week. Engin ers and fir men are allowe l a forty-four (44) 

hour week. There i alt::o provi led an exception for peak production 

limited to ·ix ( 6) hour per week for a period not to exceed eicrht 

(8) weeks in a calendar year, providincr that one ancl one-third times 

the normal rate be paid for all hours worked in exces of forty ( 40) 

hour , per week. The minimum wages provided for office employees 

are from sixteen dollars ($16.00) to fourteen dollar ($14.00) ba~ cl 

on population diff rential, offi ce boy may be paid not le s than two 

dollars ($2.00) bolow the :1bove mentioned minima. The minimum 

wage provi ion f or factory employees is thirty-five cents (35¢) fo1· 

female and forty cents ( 40¢) for male employees. 

CIUI.D LABOR 

The minimum age of employees will be sixteen (16) years; except 

in hazardous occupations, where the minimum will be eighteen (18) 

years. 

ECONOMIC EFF:E T OF THE CODE 

The forty ( 40) hour normal week, with additional pay for overtime, should tend to ]evel empl yment peaks in this Industry and 

(98) 
99 

mat rially in r a e th number of w rk r . Th h ur. provi] d 

f r +-hi In lu try r 1 r nt a d crea · from f rty-f ur ( 44) hour 

in 1933 to forty (40) hour in the le, a r duction f nin (9) 

per ent fr liJ hour · worked j u t prior to P.R.A. Thi · m an · an 

in r a of ten ( 10) p 'r nt in employment. Fr m te timony 

ff r l b r repre entatiY ::; f th In lu try th a\ . rao- minimum \\(ere 

for a a1 1ple of thirty (30 firm \\a thirt -four nt · (34 for 

male· and t" ent. -fiTe nt (~- ) for female. in 1933 I ri 1· o 

P.R.A. and about the am in 1929. Th in ·r a d mpl 7men t 

r ulting from hort n l h ur will be a fa tor in incr a cl payroll. · 

for on tant pr ducti n. 

I find that: 

(a) Said Code i. w 11 de igned to promot the poli i · and 1 urp e · f Title I of the National Indu trial Recov ry A t in ludinoremoval of obstruction to the free flow of int r. tate and f r iyn 

ommer e which tend to dimini h the amount ther of an l will pl':"'O -

vi le for the general \Yelfare by promoting th oro·anization of indu try for the purpo. e of cooperative action among th trade aronps, 

by indu ing and mainb1jnina united action of labor an lmanagement 

und r adequate governm ntal anction and . upervi ion b~· eliminc ting unfair competitive pra ·tice , by promoting the fulle t I o " ible 

utilization of the pre ent productive capacity of indu trie , b avoidina undue restriction f pro luction (except as may be temporarily 

require l) by increasing th consumption of inclu trial and agricultural product through increasing purcha ino· power b. r du ing 

and relieving unemployment by improving tandar l f labor and 

by otherwise rehabilitating industry. 

(b) Said Indu try normally employs not more than 50 000 employee ; and is not cla ·ified by me a a major indu. try. 

( ) The Code a a1 proved complie in all re pect with the perinent provi ions of ·aid Title of said A t including without limitation Sub e tion (a) of Section 3, Sub e tion (a) of ection 7, 

r.nd ub ection (b) of ection 10 thereof· and that the applicant 

a . ciation i an in lu. trial as ·ociation truly repre ·entativ of the 

af re airl In 1u try; and that aid a ·ociation impo es no inequitable 

r . triction. on a 1mi ·ion to membership therein. 

( l) The Cod i n t cle, igned to and \\ill n t permit mon polie 

and monopoli tic practice . 

(e) The Code i not cle._ igned to and will not liminate or Ol pr 

. mall enterpri es and will not operate to eli criminate again them. 

(f) Tho e enaaae l in other steps of the economi pro ·e. s haYe 

not been deprived of the right to be heard prior to approval of said 

ode. 

For the abo e r a n · this Code ha been approved. 

Re pectfully 

~fAY 31 1934. 

H GH . J HN N, 

.Admini tratm•. 
CODE OF FAIR COMPETITION FOR THE DOG FOOD 

INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the N ationaJ Industrial 

Recovery Act, approved June 16, 1933, the following provisions are 

established as a Code of Fair Competition for the Dog Food Industry, and shall be the standards of fair competition for such Industry 

and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. As u ed in this Code-

( a) The term "PrP ident" means the President of the United 

States. 

(b) The term "Administrator" means the Administrator for 

Industrial Recovery. 

(c) The term "Act " means Title I of the National Industrial 

Recovery Act, appr ved June 16, 1933. 

(d) The term '( State " mean · any State or Territory and the 

Di trict of Columbia. 

(e) The term "Code Aufhority" means the Code Authority provided for in Articl X of this Code. (f) The tern1 "A. ociation" mean.· the National Dog Food Manufacturers' As ·ociation. (g) The term " export trade" means any sale for delivery outside 

the continental United States. 

(h) The term " Dog Food Indu try" and the term "industry)' 

mean the manufacturing, packing and importing of dog food and 

sale thereof by the manufacturer, packer, Ol' irnport-r and such 

related branches or ubclivi ions thereof as may from time to time 

be included un ler the provisions of this Code by the President, after 

such notice and hearing as he may pre cribe. 

(i) The term "Dog Food" means any food manufactured and 

intended primarily as food for dog . 

(j) The term '·member of the indu try" include any individual, 

partnership, as o ·iation corporation, or other form of enterprise 

engaged in the industry, either as an employer or on his or its own 

behalf. 

(k) The term "employee" include any and all persons engaged 

in the industry, however compensated, except a member of the 

industry. 

(l) The term "employer " includes any person by whom any such 

employee is compensated or employed. (m) The term "wat hman" includes only employees, at least 

ninety per cent (90%) of whose workl.ng hours are devoted to watching and guarding the premises and property of any e tablishment in 

the industry. 

(100) 
101 

(n) The term "out ide nJ sman" in lude. any alesman, at 1 a. t 

ninety p r ent (90 ;Y£ ) f wh ·e workincr hour are d vot d to : !ling 

ut. i le f th tabli hment anl who do · not deliv r m r handi . 

( o) Th term route :al . man ' includ : an3 ale. man 'vho de- liv r hat which he ells at the time of ale. 

(p) Th term ' buy r ' mean · any buyer for ommer ial pnrpo. ·e ~ and not for the u e in feedino· of hi own dog or oth r 

animal . ( q) Population hall he clet rmined by referen e to the late t 

Federal cen u . 

ARTICLE III-HoURs 

SECTION 1. No en1ployee hall be permitted to work in exce . f 

forty ( 40) hour. in any one week or more than eight (8) hour in 

any day, with the following exc ption . The provi ion of thi S ction hall not apply to : 

(a) P er on employed in a managerial, supervisory executive or 

technical capacity, who regularly receive not les than thirty-five 

dollar. ($35.00) per week. 

(b) Outside salesmen. (c) R nte ale 1nen, provided that they regularly receive not le 

than thirty dollar ($30.00) per week averaged over a four (4) 

week period. (d) Watchmen provided that no watchman shall be permitte l to 

work in exce of fifty-six (56) hours in any week. 

(e) Chauffeur , truck drivers and delivery men, provided th at no 

chauffeur, truck driver, or delivery man shall be permitted to work 

in exce of forty-eight ( 48) hours in any week. 

(f) Engineer and firemen, provided that no engineer or fireman 

. hall be permitted to work in exce s of forty-four (44) hours in any 

week or more than nine (9) hour. in any one lay. 

SECTI01 2, I n ca es of peak production, eontinuou manufacturing 

proce n ces ary becau e it involves a perishable product inventory 

period financial clo. ing period and other unusual con lition beyon 1 

the control of the employer, employee may work in ext;e of the 

normal number of working hour per day or per week pre:cribed by 

this Code for th clas of work performed by , uch employee , but 

during not to exceed an agoTegate of eight ( ) week in the calen lar 

year, a. to canned doer food, and four ( 4) w eks as to dry dog f o l. 

Such overtime hall not exceed six ( 6) hour in any on week e:s:c pt 

in ca e. of emergency maintenance and emergency r pair work involving breakdown. or prote tion of ljfe and property, and ·hall be 

ompen.;ated by at lea t on and one-third times the normal rat . 

All ca of o-vertime work in exce . of the maximum hour pr - ... cribecl by thi Cod hall be r ported mon~hly to th ocl Authority. Office work r r eiving thirty-five dollar" ($35.00) per w ek, 

or mor are not ·ubject to overtime payment. f E TION 3. No employee, xcept per. ·on , m1Jlo. eel in a manag rial, 

ur ervi, ory executiv r t hni al capa it who r c i r r anlarly 

not le than thirty-five dollar · (:35.00) p r w ek . hall b 1 rn itt l 

to w rk m re than ix (G) lay · in an :ev n (7) cla period. 

E TI N 4. No mp1oy r :hall penni any mJlo. to '' ork for 

any tin which, wl n total cl with that alr acl. lJ rform l f r another mpl ls th ma.·imun 1 rmittecl by thi ocl . 
102 

AnTICLE IV-WAGES 

SECTION 1. No clerical, accounting, or other office employee shall 

be paid less than at the rate of: 

Sixteen dollars ($16.00) per week in any city of over 500,000 population or in the immediate trade area thereof. 

Fifteen dollars ($15.00) per week in any city between 250,000 and 

500,000 population or in the immediate trade area thereof. 

Fourteen dollars ($14.00) per week in any city or town of less 

than 250,000 population. 1-Iowever, office boys and messengers may 

be employed at a rate of not less than two dollars ($2.00) below the 

minimum wage otherwise applicable under this Code, provided that 

not more than ten per cent (10% ) of the total number of office 

employees in any establishment in the industry shall be so classified, 

except that any establishment may employ at least one office boy or 

messenger. 

SECTION 2. No watchman shall be paid le ·s than at the rate of 

eighteen dollars ($18.00) per week. 

SECTION 3. No male employee other than those covered by Sections 1 and 2 of this Article shall be paid less than at the rate of 

forty cents ( 40¢) per hour, and no f emale employee other than 

those covered by Sections 1 and 2 of this Article shall be paid less 

than at the rate of thirty-five cents (35¢) per hour. 

SECTION 4. This Article establishes a minimum rate of pay which 

shall apply, irrespective of whether an ·employee is actually compensated on a time rate, piece work, or other ba ·is. SECTION 5. F emale employees performing sub ta.ntially the same 

work as male employees shall receive the same rate of pay as male 

employees, except that in cases where male employe s lo work customarily performed by women, only during hours when women are 

prohibited by law from working, this Section . hall not apply. 

SECTION 6. At least one and one-third time the normal rate shall 

be paid for all time worked by employees (except by per ons em- ployed in a. managerial, supervisory, executive or technical capacity, 

who regularly receive not le .:; than thirty-five dollars ($35.00) per 

week and outside salesman, a.nl employee engaged in the handling 

of livestock) on Sunday and any national holiday. 

SECTION 7. A person whose earning capacity is limited because of 

age or physical or mental ha.ndicn.p may be employed on light work 

at a wage below the minimum established by this Code, if the employer obtains from the au thority desio·natecl by the United States 

Department of Labor a certificate authorizing his employment at 

such wages and for uch hours as shall be stated in the certificate. 

Each employer shall file with the Code- Authority a. list of all such 

persons employed by him. 

SECTION 8. No employee whos-e normal :full time weekly hours, 

after the approYa.l of this Code, shall be sixteen and two-thirds percent (16%% ), or less, below his normal full time weekly hours for 

the four ( 4) months ending May 1, 1933, shall have his full time 

weekly earning · reduced below the average weekly earnings of such 

employee during such four ( 4) months' period. In case the reduction in hours, as so measured, is more than sixteen and two-thirds 

percent ( 16% % ), employers shall make an equitable readjustment of 
103 

hourly wage rates upwards, provided that in ea h such case hourly 

wage rate· hall be increased by at lea t twenty percent (20% ). 

I n no ca e shall hourly wao-e -rates be reduced. 

SECTION 9. After the effective date of thi Code, wages hall be 

exempt from any fines; and from charo·es, or deductions, except 

charges and d ductions for employees' voluntary contribution for 

pension, insurance, or benefit plans, < nd charges or deduction r equired by law, and agreements of hire shall provi le that the employ r shall not withhold wages except upon service of legal process 

or other papers lawfully requiring such withholding. Deductions 

for other purposes not heretofore stated may be made only when the 

contract is in writing and is kept on file by the employer open to 

the inspection of Government representatives. 

SECTION 10. Employers shall make payment of all wages due in 

lawful currency or by negotiable check payable on demand. Agreements of hire shall provide for payment of wages at least as often 

as at the end o:f each two (2) weeks' period, and salaries at least as 

often as at the end of each month's period. 

ARTICLE V-GENERAL L ABOR PROVISIONS 

SECTION 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 one month after the effective 

date of this Code :1 list of such operations or occupations. In any 

State an employer shall be deemed to have complied with the provision as to age if he shall have on file a certificate or permit duly 

signed by the authority in such State empowered to i sue employment or age certificates or permits showing that the employee is of 

the required age. SECTION 2. In complianc0 with Section 7 (a) of the Act it is 

provided: 

(a) That employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such repre ·entatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(b) That no employee and no one seeking employment shall be 

r equired as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing. 

(c) That employer shall comply with the maximum hours of 

labor, minimum rates of pay, and other con ditions of employment, 

approved or prescribed by the Pr-esident. 

SEcTION 3. No employer shall reclassify employees or dutie of 

occupations performed by employees or change the method of payment of employees' compensation or engage in any other subterfuge 

for the purpose of defeating the purpose or provisions of the Act 

or of this Code. 

SECTION 4. Every employ r shall make reasonable provision for 

the safety and health of hi employees at the place and during the 

hours of their employment. 
104 

SEcTION 5. No employee now employed at a rate in excess of the 

minimum shall be discharged and reemployed at a lower rate for 

the purpose of evading the provisions of this Code. 

SECTION 6. No provision of this Code shall supersede any Federal 

or Stflte law which imposes on employers more stringent requirements as to age of employees, wages, hours of labor, or as to s~tfety, 

health, sanitary, or general working conditions, or insurance, or fire 

protection, than are imposed by this Code. 

SEcTION 7. All employers shall post complete co.pies of the por~ 

tions of this Code relating to wages, ho urs and general labor pro 

visions in conspicuous places accessible to employees. SECTION 8. The Code Authority may, from time to time, present 

to the Administrator recommendations of the industry which will 

tend to effectuate the operation of and compliance with the labor 

provisions of this Code. 

ARTICLE VI-STANDARD NET \VEIGHTS FOR CANNED DoG Fooo 

SECTION 1. The following shall be the standard net weights for 

canned dog food : eight ( 8) ounces, one ( 1) pound, two and one 

half (21;2) pounds, and seven (7) pounds. 

SECTION 2. All stock cans and labels on hand on the date when 

this Code becomes effective shall be exempted from this Article. 

SECTION 3. No member of the industry shall sell canned dog food 

except when packed in accordance with this Article. 

ARTICLE VII-DEFINITIONS AND STANDARDS OF IDENTITY 

SECTION 1. The Code Authority shall establish reasonable definitions and reasonable standards of identity and biological value for 

canned dog food, necessary to prevent deception, fraud, and unfair 

competition in the sale of canned dog food. V\Tithin ninety (90) days 

after the elate when this Code becomes ,~ffective the Code Authority 

shall present to the Administrator recommended standards and a 

plan for their enforcement. 

SECTION 2. The Cocle Authority shall establish such definitions and 

standards in pursuance of such hearing procedure as may, be prescribed by the Administrator, and they shall be subject to approval 

by the Administrator, and effective on a date approved by the 

Administrator. 

SECTION 3. Each member of the industry shall comply with the 

definitions and standards of identity established under this Article. 

ARTICLE VIII-LABELING REQUIREMENTS 

SECTION 1. The Code Authority shall establish subject to approval 

by the Administrator, reasonable labeling requirements for canned 

dog food necessary to prevent deception, fraud and unfair competition in the sale of canned dog food. vVithin ninety (90) days after 

the date when this Code becomes effective the Code Authority shall 

present to the Administrator recommendations for these labeling 

requirements and a plan for their enforcement. 

SECTION 2. The Code Authority shall establish such definitions and 

standards in pursuance of such hearing procedure as may be pre-
105 

scribed by the Administrator, nd th y hall b ubject to approval 

by the Admini trator, and eff tive on a late approv d by the 

Administrator. 

SE TION 3. Ea.ch member of th industr~ hall comply with the 

labeling requirem nt establi he l un-ier thi Ar icle. 

ARTICLE I X-U NFAm .... lET ns OF o::uPETITION 

SE TI T 1. Price Concession ·.-(a) N rnember of the industry 

hall ell dog food to bnyers exc"'pt upon the ba ·is of an op n price 

which i strictly adhered to, while effective. Th term'· open price'' 

a u ed in this ection means a price li t ( 1) w hi h is publish d f r 

the equal information of all I uyers and member. of the indn try, 

and (2) which declares all th member·' prevailing I ricP and term· 

of ale for dog food. 

(b) No member of the indu-try shall make any direct or indir ct 

pri e conce sion. ' Direct or indire 't price concession ' a u ed in 

thi ection, mean any variation by a me1 1 ber of the indu. try from 

hi op n price, whethel' by a rebat allmvanc , payment, free deal, 

gift, or by any other means what oever. 

(c) vVithin ten (10) days after the eff ctive date of this Code E-ach 

member of the jndustry shall file hi open price for doo· food with 

the Code Authority. uch open 1 rice . hall . et forth a compl te 

schedule of 1ch member' price for all dog food that Le ··ell together with all discotmts and full term · and onditions of snle of 

any kind based upon uch prices. Thereaft r each member of the 

indu try hall immediate]y notify the Code Authority of any chan,o·e 

jn such open pri e or of any new open price, by telegram r registered mail, and ·uch changed price.-. shall not becom effectiYe until 

same have been on file with tho Code \..nthority for a peri cl of 

five (5) day . The Code Authority ·hall immediately inform all 

members of the indn try of each open pl'iC·.:! or chango tl erein file 

with it. The C d Authority hall inform any buyer, upon reqne t 

therefor, of any open price or change therein filed with it. 1 

ECTION 2. P1·ice Discri?n 'nation.-No member of the indu"try 

shall di criminate in price between buyers. The term "di criminat 

in price ', a u ed in thi Section, means directly or indirectlv churo·-

in<Y a. different price to buyer of product of the same quantity, 

grade and quality who ar locat l in the same "Ompe itiYC' market 

and who are memb rs of the ame buy r cla . 

ECTION 3. Unea-r'1ted ; rvi.cc Payment.-.... o member of the indu try shall pay a buyer for a ·pecinl advertising-or other eli tribution ervice by such buyer ( · ) except in pur uance f a written 

contract made in good faith and explicitly d fining the ervice to 

be rendered an l th payment for it; and (b) unle such ervice is 

rendered an l u h payment i r easonable an l not exce siv in amount 

an l (c) unle ·u ·h contract i separa tc and li tinct from any al 

contract and u h payment ~ separate and di tinct from any ~· al 

price and is not 1e io·ned or u ed to redu e a al pric · and (d) 

unl e a copy of each uch contra t i retain d on file f r a period 

of one year. Th Admini ti·ator or the Cod Authority m<. r quire 

a m mber of the indu~try to report any . ·u ·h contract by him made. 

1 ce pamgrapb 2 of Ol'der npproving tll i Cod . 
106 

SECTION 4. Dest?"Uctive Price Outting.-(a) No member of the 

industry shall engage in destructive price cutting. The term " destructive price cutting", as used in this Section, means (1) the 

offer or sale of dog food by any member below his individual cost; 

or (2) any price cutting purposed or effective unduly to suppress 

competition or to create a mon poly; or (3) the quotation of a 

fictitious price or the invoicing of a false price; or ( 4) the making 

of any price statement or price representation which is false or 

fraudulent. 

(b) This Section shall not be construed or applied to prevent any 

sale below cost in order to meet the price competition of a member 

in the same competitive market whose price is not in violation of 

ihis Code or a necessitous sale to dispose of distress stock, which sale 

is immediately report d to the Code Authority. 

SECTION 5. Quantity Price Abuse.-N o memb"r of the industry 

shall offer or make a quantity price unless it is based upon and reasonably measured by a substantial difference in the quantity sold 

and delivered, and unless it is equally available to all buyers of the 

same quantity; and unles it is set out in the open price schedule. 

SEcTION 6. Unearned Discount fm" Oash.-No member of the industry shall allow a discount for cash which is not earned by payment in accordance with the cash discount terms specified in his 

open price schedule. 

SECTION 7. 001npulsory Purrclwse.-No member of the industry 

shall compel a buyer to purchase any article as a prerequisite to 

the purchase of any other article. 

SECTION 8. Unfai?' Substit?.()tion.-No member of the industry shall 

substitute without due notice and consent of a buyer another product 

for that ordered from him. 

SECTION 9. Prize O?" 'Pre1niwm Abuse.-N o member of the industry 

shall offer any prize or premium or other gift in pursuance of a 

plan involving lottery or fraud or deception. 

SECTION 10. Free Deals.-N o member of the indu try shall offer 

or give a free deal to a buyer. The term "free deal ", as used in this 

Section, mean a free deal of any kind, except samples so labeled 

or marked, or dog food pre ented to any exhibitor at a dog or animal 

show. 

SECTION 11. Oom17?_.ercial Bribery.-No member of the industry 

shall give, permit to be given, or directly offer to give, anything of 

value for the purpose of influencing or rewarding the action of any 

employee, agent, or representativ-e 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. This provision 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 hereinabove defined. 

SECTION 12. Inaccurate Aclvertising.-No member of the industry 

shall publish advertising (whether printed, radio, display or of any 

other nature) which is misleading or inaccurate in any material 

particular, nor shall any member in any way misrepresent any goods 

(including, but without limitation, its use, trade-mark, grade, quality, quantity, origin, size, substance, character, nature, material con-
107 

tent or preparation) or cr dit t rms, value , policies, ervi es, or the 

nature or form of the bu in , conducted. 

ECTION 13. lnaccurat Lab ling.-No memb r of the indu try 

shall 1 rand or 1nark or pack any goods in any manner whi h i int nd d to or does deceive or mi lead purchas rs with respect to the 

brand, Tad , quality, orio-in, quantity, ize, sub tance, character, 

nat ure, fini h , material ontent or preparation of u h good . 

SE '],'ION 14. Deceptive Oonta:iners.-No member of the industry 

,shall u e a deceptively shaped or slack filled container or o·ive hort 

weio·ht or measure or ount. 

"ECTIO :r 15. Unf{])i?' Intm'ference 1.-oith Competitor's Business.-No 

member of the indu try shall unfairly interfere with a ompetitor's 

busine , by uttering false tatements about hi busines · or by unfairly di paraging hi,s bu ine or product or by inducing a breach 

of his contracts. SECTION 16. oordinati.on with Othe1· Oodes.-The indu. try recognizes the desirability of nniform trade practice provisions for all 

food and grocery manufacturing codes; and in the event the Administrator recommends uniform trade practice provisions designed to 

accomplish this purpose, the industry pledge,s itself to cooperate 

with him in securing the addition of such acceptable provisions to 

this Code, or in securing the amen 1ment of any acceptable trade 

practice provisions now in this Code which are different from those 

recom1nended by him. 

AnTICLE X-ORGANIZATION, PowERs, AND DuTrn OF THE m~ 

AuTHORITY 

SECTION 1. There shall forthwith be constituted a Code Authority 

of seven (7) members, truly Tepresentative of the indu, try, of which 

five ( 5) membeTs shall be selected by the member. of the Association and two (2) members shall be appointed by the Administrator 

to represent those members of the industry not member of the Association. Each member of the Code Authority ·hall serve for one 

year, unless within that time he submits his re ignation in writing to 

the Code Aut11oTity. In case of vacancy by death or reuio·nation of 

members the vacancy shall be filled by selection in the same manner 

as the original member whooe vacancy is being fille l was selected. 

In addition to membership of th8 Code Authority a· above provided, there may be one to three members, without vote, appointed by 

ihe Administrator, for such terms as he may designate. vVithin 

ninety (90) days after the effective date of this Code, the Cod Authority shall sub1nit for the approval of the Admini h·ator a plan 

for the election of the Code Authority for year followino· the fir t . Upon approval by th Admini tra+or this method of election shall 

become effective and hall be followed in all th election. after the 

one hereinbefore provided, and an ele tion may 1 c required thereunder within the first year if the Administrator ·hall ·o require. 

ECTION 2. Each trade or indu trial a.._so iation lire tlv or indir ctly participating in the "' le tion or activitie of the 'Cod Authority shall (1) impo ·e no inequitable restriction · on membership, 

and (2) submit to the Admini trator true copie of it .Arti le f 

as ociation, bylaws, regulations, and any amendment · wh n made 

thereto, together with uch other information a to member hip, 
108 

organization, and activities as the Administrator may deem neces- sary to effectuate the purposes of the Act. 

SECTION 3. In order that the Code Authority shall at all times be 

truly representative of the indu try and in other respects comply 

with the provi ions of the Act, the Admini trator may prescribe 

such hearinas as he may deem proper; and therea.ft r if he shall find 

that the Code Authority is not truly representative or does not in 

other respects comply with the provisions of the Act, may require 

nn appropriate modification in the method of selection of the Code 

Authority. 

SEcTION 4. Nothing contained in this Code shall constitute the 

member of the Code Authority partners for any purpose. Nor 

shall any member of the Code Authority be liable in any manner to 

anyone for any act of any other member, officer, ao·ent, or employee 

of the Code Authority. Nor shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties here- under, be liable to anyone for any action or omi ion to act under this 

Code, except for his own wilful misfeasance or nonfeasance. SECTION 5. Powers and Dtdies.-Subject to snch rules and regula- ti n a may be issued by the Admini trator, the 0 ode Authority 

~hall have the following power and duties, in addition to those authorized by other provisions of this Code. 

(a) To insure the execution of the provisions of thi · Code an l to 

pr vide for the compliance of the industry with the provisions of 

th Act. 

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

(c) The Code Authority hall cau ·e to be formulate 1 an accounting system defining the elem nts of cost and the methods of cost 

finding and/ or estimating, suitable for the industry and capable of 

use by all member· o:E the inductry, ani shall inform them thereof. 

Upon the approval of such y tem by the Administrator each member of the industry hall use the principle thereof to determine the 

cost of his dog food under this Code. 

(d) To obtain from member of the indu -try such information 

and reports a are required for the admini -tration of the Code. In 

addition to information required to be submitted to the Code Authority, member · of the indu try . ubject to thi Code shall furnish 

such statistical information as the Admini tr·ator may deem neces- sary for the purposes recited in Section 3 (a) of the Act to such 

F ederal and State agencies as he may de ignate; provided that nothing in thi Code shall relieve any member of the indu try of any 

xi ting obligations to furni ·h report to any Government agency. 

No individual report shall be di ·closed to any other member of the 

industry or any other party except to such other Governmental 

agencies a may be directed by the Aclmini. trator. 

(e) To elect a representativ , to ·erv.a on any conference or ad- vi ory committee which may be _, tablished by the Administrator for 

the entire grocery manufacturing inllustry, and to con ider recom- m ndn.tion formulated by uch committe~ and approved by the 

Administrator, for the modification of this vode. 

(f) (1) It being found necessary to support the Administration 

of this Code, in order to eff·ectuate the policy of the Act and to 

maintain the standards of fair competition established hereunder, the Code Authority is authorized: 
(a) 

(b) 

' I 

I. 

(c) 

109 

To incur uch reasonable obliaati ns as are nece · ary and 

proper for the foregoing purp e and to m et uch obligations out of fund which hall be held in tru t f r the 

purpo e · of the Code and rai ·eel a hereinaft r pr vid· ; 

To submit to the Admini tl·ator f r hi approval subject to 

uch notic and opportunity to b heard as he may deem 

neces ·ary: 

1. An it mizecl budo·et of it. e -timated xp n es for the 

for o·oing purpo e , and 

2. An quitable basis upon which the fund n ce sary to ·upport such budget hall be contributed by all 

members of the Industry entitled to the benefits 

accruing from the maintenance of such standards, 

and the admini tration thereof; 

After uch budget and ba ·is of contribution have b en approved by the Admini trator to determine and collect 

equitable contributions as above set forth, and to that end, 

if necessary, to institute legal proceeding therefor in its 

own name. 

(2) Each member of the industry shall be liable for hi· or its equi- _ table contribution to the expen es of the maintenance of the Code 

Authority as hereinabove provided. Only me-mber of the indu try 

complying with the Code and making such contribution shall be 

entitled to participate in the sele tion of the members of the Code 

Authority or to receive the benefit of its voluntary activities or to 

make u e of any N.R.A. insignia. 

(g) To cooperate with the Administrator in regulating the use of 

any N.H.A. in ignia solely by tho e members of the industry who have 

a ented to, and are complying with, this Code. . (h) To recommend to the Administrator further fair trade practice provisions to govern member of the indu try in their relations 

with other industries and to recommend to the Admini ti·ator measures for in lustrial planning, including stabilization of employment. 

Nothing in the foregoing shall limit the right of any member of 

the indu try directly to recommend any addition to or modification of this Code. 

(i) To investigate, ubject to such rule and regulation as may be 

e tablished by the Administrator, alleo·ed violations of this Code, 

ancl to present to the Administrator report of its investigation · of 

such alleged violation . N othin o· in the foreaoing shall limit the 

right of any member of the indu try directly to appeal to the Admini trator L m any action o£ the Code Authority. 

(j) To appoint such x:ecutiv to engage uch a i tant ·, and to 

1·o·anize such committ e as may be appropriate to a lmini ter this 

ode. The Admini trator may appoint a representati' e to attend 

the meetino· of such c mmitte. · without vote- and without expenc 

to the ind u try. 

(k) To inv tio·ate and inform the Pre i lent us to the effect of 

importation of comr etitive product into the Unit d tate . {I) Standard for afety and health hall be . ubmitt d by the 

Code Authority t the Admini trat r within ix (6) month aft r 

the effective date of the Code. 

SECTION 6. If th Admini. trator . hall d t rmine that any a tion 

of the Code Authority or any agency ther of may be unfair or 

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• 

UNIVERSITY OF FLORIDA 

110 lllllllllllllllll lllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08594 57 55 

unjust or c ntrary to the public interests, the Administrator may 

r equire that such action be ·nspended to afford an opportunity for 

investigation of the merits of such action an l further consideration 

by such Code Authol'ity or agency pending final action, which shall 

not be effective unlo .- tho Administrator approves or unle s he shall 

fail to disapprove after thirty (30) days notice to him of intentio11 

to proceed with such actim1 in its original or modified form. 

ARTICLE XI-ExPORTS 

SEcTION 1. Th!s Code shall not apply to export trade or to sales 

or shipment for export Ll' a.de, except that the employment provisions, wage, hour and o·enaral labor conditions of this Code shall 

apply to the dome tic manufacture of dog food for export. 

ARTICLE XII-MODIFICATIONS 

SECTION 1. This Code and all the provision thereof are expre sly 

made subject to the right of the President, in accordance with the 

provision of Section 10 (b) of the Act, from time to time, to cancel 

or modify any order, approval, license, rule or r egulation i sued 

und er the Act. 

SECTION 2. This Code, except as to provisions r equired by the Act, 

may be modified on the ba is of experience or change in circumstances, such modifications to be ba eel upon · application to the Administrator and such notice and hearing as he shall specify, and to 

become e:ffecti ve on a 1 pro val. 

ARTICLE XIII-MONOPOLIES, ETC. 

SECTION 1. No provisions of this Code shall be so applied to permit monopolies or monop li tic practices, or to eliminate, oppress, or 

discriminate again 't small ent rprises. 

ARTICLE XIV-INTERPRETATION 

SECTION 1. The Admini trator or the Code Authority, with the approval of the Admini trator, may from time to time issue such administrative interpretations of the provisions of this Code as may 

be neces ary or advisable for the effectuation or clarification of its 

purposes. 

ARTICLE XV 

SECTION 1. Wher as the policy of the Act to increase real purchasing power will be made impo sible of consummation if prices of 

goods and ervices increase as rapidly as wages, it is r ecognized that 

price increases except such a. may be required to 1neet individual cost 

should he delayed, but when made such increa es should so far as 

possible be limited to actual additional increases in the seller's costs. 

ARTICLE, XVI-EFFECTIVE D,ATE 

SECTION 1. This Code shall be ·ome effective on the second Monday 

after its approval. 

Apr roved Cod e No. 4i1 0. 

e~istry No. 1 !1)- 06. 

0