Approved Code No. 84-S~pplement No. 30 Registry No. 1136-05 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

MILK AND ICE CREAM CAN· 

MANUFACTURING INDUSTRY 

u.s 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON MAY 17, 1934 

W" DO OUR PART 

UNITED STATES 

GOVER!\TMENT PRINTING OFFICE 

WASHINGTON: 1934 

{ I I 

For sale by the Superintendent o! Documents, Washington, D.C. - - - - - - - - Price 5 cents 

y 
Tl;lis publication is for sale by the Sunerintendent of Documents, Government 

Printing Office, Washington, D. ., and by di trict offices of the Bureau of 

Foreign and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 25-7 Federal Building. 

Bo ton, Mass. : 1801 Customhouse. 

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

harJ e ton, S .. : Chamber of Commerce Building. 

Chicago, Ill.: uite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, In'd.: Chamber of Commerce Building. Jn ck onY ill e, Fla.: hamber of Commerce Building. 

Kan as ity, l\lo.: 1028 Baltimore Avenue. 

Lo Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky. : 408 F ederal Building. 

Memphi , Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 ustomhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, P a.: 422 Commercial Trust Building. 

Pittsburgh, Pa . : hamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco. Calif.: 310 Customhouse. 

Seattle. Wash.: 809 F ederal Office Building. 
Approved Code No. 8.1--Supplement No. 30 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

MILK AND ICE CREAM CAN MANUFACTURING 

INDUSTRY 

As Approved On May 17, 1934 

ORDER 

APPROVING SUPPLEMENTARY ConE OF FAIR CoMPETITION Fon THE 

l\1ILK AND IcE CREAM CAN MANUFACTURING INDUSTRY 

A. DIVISION Ol<' THE FABRICATED l\IETAL PRODUCTS 1\1 \.NUFACTURING AND 

METAL FINISHING AND METAL COATING 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, and in accordance with the 

provisions of Section 1 of Article VI of the Basic Code for the 

Fabricated Metal Products Manufacturing and Metal Finishing and 

Metal Coating Industry, approved November 2, 1933, for approval 

of a Supplementary Code of Fair Competition for the Milk and Ice 

Cream Can l\Ianufacturing Industry, and hearing having been duly 

held thereon; and the annexed report on said Supplementary Code, 

containing findings with respect thereto, having been made and 

directed to the President: 

NOvV, 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 Oraer No. 6543-A, dated December 30 

1933, and otherwise; do hereby incorporate by reference said annexed 

report and do find that said Supplementary 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 Supplementary Code of Fair Competition be and it is hereby 

approved; provided, however, that the provisions of Article V, Paragraph A, insofar as they provide that any existing price list shall 

remain in effect for a period of five ( 5) days following the filing 

of a revised price list, be and they hereby are stayed pending my 

further Order. 

Approval recommended : 

A. R. GLANCY, 

HuGH S. JoHNSON, 

Administrator for l ndWJt1ial R ecovery. 

Division Administrator. 

wASHINGTON. D.C., 

May 17, 1934. 

60076°----544-84----34 (1) 
REPORT TO THE PRESIDENT 

The PRE IDENT, 

The White II ouse. 

SrR: Thi i a report on the Supplementary Code of Fair Competition for the Milk and Ice Cream Can Manufacturing Industry, a 

divi ion of the Fabricated Metal Products Manufacturing and 

:Metal Fini hing and Metal Coating Industry, .the hearing having 

been conducted ther on in Washineton, D.C., December 19, 1933, 

in accordance with the provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Milk and Ice Cream Can Manufacturing Industry, being 

truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry has elected to avail itself of the option of submitting a Supplementary Code of Fair Practice, as provided for in Section 1 of 

Article VI of the Basic Code, for the Fabricated Metal Products 

Manufacturing and Metal Finishing and Metal Coating Industry 

approved by you on the second day of November, 1933. 

RESUME OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed rn the 

Supplementary Code. 

Article III. This Industry is a division of the Fabricated Metal 

Products Manufacturino· and Metal Finishing and Metal Coating 

Indu try and the labor provisions of its Basic Code as ap roved 

Nov mber 2, 1933, are the labor provisions of this Supplementary 

Code. 

Article IV establi hes a Supplementary Code Authority con i ting 

of three m mber · and gives the Administrator the authority to appoint one additional member without vote and provides machinery 

for obtaining stati ti and the admini tration of the uppl mentary 

Code. 

Articl V etc; forth the unfair trade practice of thi upplementary Code which ha been e pecially d ign l to off t unfair · comp titian in this division 0f the Industry. 

Arti leVI contains the man lator I rovision contajned in ti n 

10 (b) and al ·o provides f r th ubmis ion of prop am n lment to the upplem ntary ode. 

Article VII provide again t monopoli s and m napoli 'tic practi e , and recognizes that pri incr a x pt . uch as may be 

r quired to me t in i vidual c t hould be d lay d. 

(2) 
3 

Article VIII states the effective date and duration of this Supp'lementary Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said Supplementary Code having found as herein set forth and on the basis of 

all the proceedings in this matter: 

I find that: 

(a) Said Supplementary Code is well designed to promote the 

policies and purposes o-£ Title I of the National Industrial Recovery 

Act, inclnding 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 purposes of cooperative actiop. among the. 

trade groups, by inducing and maintaining 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 temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power2 by reducing and relieving unemployment, by improving standards of 

labor, and by otherwise rehabilitatin,Q; industry. 

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

(c) The Supplementary 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 group is an industrial group truly representative of the 

aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Supplementary Code is not designed to and will not 

permit monopolies or monopolistic practices. 

(e) The Supplementary Code is not designed to and will not 

eliminate or oppress small enterprises and will not operate to discriminate against them. 

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

been depriYed of the right to be heard prior to 'approval of said 

Supplementary Code. 

For these reasons, therefore, I have approved this Supplementary 

Code. 

Respectfully, 

MAY 17, 1934. 

HuGH -8. JoHNsoN, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE MILl\: AND ICE CREAM CAN MANUFACTURING 

INDUSTRY 

A DIVI ION OF THE FABRIC TED 1\IETAL PROD CT 1\IAN •A T RING AND 

METAL FINISHING AND METAL COATING IND TRY 

ARTICLE I-PURPOSES 

To effectuate the policy of Title I of the N atiolllal Industrial 

Reco ery Act, the following provisions are e tabli he 1 a a Supplementary Code of Fair Competition for the Milk and Ice Cream 

Can Manufacturing Industry, pursuant to Article VI of the Basic 

Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved 

by the President of the United States on the second day of November 

1933, and the provisions of this Supplementary Code shall be the 

standards of Fair Competition for such Industry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term "Milk and Ice Cream Can Manufacturing Industry", 

hereinafter referred to as the Industry, is defined to mean the manufacture for sale of tinned steel railroad shipping milk cans and 

tinned steel hand -deli very milk cans used in the transportation and 

dispensing of milk and cream ; also, tinned steel ice cream cans used 

in the transportation and dispensing of ice cream ; all the above to 

be made of 22 gauge or heavier steel and to be tinned after forming. 

The term " member of the Industry " as used herein. includes, but 

without limitation, any individual, partnership associ '/tion, corporation or other form of enterprise engaged in the Indu try either as an 

employer or on his or its own behalf. 

The terms " Pre ident" "Act" and "Admini trat r" a u h rein shall mean respectively, ' the President ' of the United State Title 

I of the National Industrial Recovery A t, and the Aclmini trator 

for Indu trial R covery under Title I of aid Act. 

The term " Basic Code " as u eel herein i defin d to mean the 

Ba ic Col f Fair ompetition for the Fabricated Metal Proehl ts 

Manufacturincr an :Metal Fini hing and Metal ating Industry, 

a approved by the President on the econd day of N ove1nber 1933. 

The term "Ba ic Code uthori ' a u d h r in i l fin d to 

m an the Executive Committee of th Fabri ated l\Ietal Pr lucts 

F l ration. 

The term "In. titute ' a n e l her in i d fined to mean th :Milk 

and Ice ream an In titute 0r it ·ucce or. 

The tcnn u pl m ntar. Cocl Authority" a u. e l her in is 

defined t m an th acrency whi ·hi e. to adm1ni. tcr thi upr 1 m ntary 

Code, as hereina:ft r provided. 

(4) 
5 

The term "Duly Authorized Ag nt" or "Agent" of the Supplementary Code Authority, as used herein, is defin d to mean the. 

commissioner of the Milk and Ice Cream Can Institute, or his succes or in office, or such other person as the Supplementary Code 

Authority may designate. Said agent, in order to qualify as such, 

shall be entirely free from any interest in or connection with any 

company engaged in the manufacture or sale of the products of the 

Industry. 

The term "Federation" as used herein is defined to mean the 

Fabricated Metal Products Federation or its succe3sor. 

ARTICLE III-EMPLOYME~T PROVISIONS 

This Industry is a division of the Fabricated Metal Products 

Manufacturing and l\1etal Finishing and Metal Coating Industry 

and7 without limitation, the wage, hour and labor provisions in 

Art1cle III of its Basic Code as approved by the President on N ovember 2, 1933, including Section 1 of said Article III by which the 

provisions of Subsections ( 1), (2) and (3) of Section 7 (a) of Title 

I of the Act are made conditions of the Code, are specifically incorporated herein and made a part hereof as the wage, hour and 

labor provisions of this Supplementary Code. 

AnTICLE IV-ORGANIZATION AND ADMINISTRATION 

SECTION 1. During the period not to exceed sixty ( 60) days following the effective date, the duly authorized agent shall constitute 

a temporary Supplementary Code Authority until the Supplementary Code Authority, consisting of three (3) members, is elected by 

the members of the Industry assenting to this Supplementary Code, 

as hereinafter provided, at a meeting called by the t emporary Supplementary Code Authority upon ten (10) days' notice sent by 

registered mail to all members of the Industry whose names may 

be ascertained after a diligent search;. who may vote either in person 

or by proxy. The members of the bupplementary Code Authority 

shall serve for a period of one year from the date of their election, 

and subsequent elections shall be on the same basis as above provided. Immediately after the annual election of said Supplementary 

Code Authority, the members therein shall appoint a duly authorized agent to administer the provisions of this Supplementary Code. 

The members of the Supplementary Code Authority shall be 

elected in the following manner : 

1. One member, who shall be a member of the Industry, not a 

member of the Institute (provided there are such members of the 

Indu try who are not members of the Institute), to be elected by a 

majority vote of the qualified members of the Industry who are 

not members of the Institute present in person or by proxy, each 

member to have one vote. Such one member to be nominated by 

the members of the Industry who are not members of the Institute. 

2. Two members, who are members of the Industry and members 

of the Institute, to be elected by a majority vote of the qualified 

members of the Industry, who ai'e members of the Institute, present 
6 

in person or by proxy ach m mber t have one vote. u h two 

member to be nominated by the memb r of the In titute. 

3. A vacan y in the member hip of the uppl mentary Code 

Authority may b filled by a majority vot of the remaining members of the Suppl mentary de Authority. The m mb r of the 

Supplementary Code Authority who i ho n to fill u ·h acancy 

shall be elected from the cla of m mber hip in whi h h va ancy 

ha occurred. 

4. In addition th .reto the Admini trator may appoint a m t:nber 

of the Suppl mentary Code Authority without vote. The repreentative who may be appointed b the Admini trat r hall be 

given rea onable notice of. and may sit at all meeting of th Supplementary ode Authority. 

SECTION 2. The Trade Association directly or indirectly participatin<Y in the selection or activities of the Supplementary Code 

Authority shall 

1. Impose no inequitable restrictions on admission to m mbership. 

2. Submit to the Administrator true copies of their Articles of 

Association, By-Laws, Regulations and any Amendments when made 

theret , together with such other information as to membership, 

organization, and activities as the Administrator may deem necessary to effectuate the purpose of the Act. 

SECTION 3. In order that the Supplementary Code Authority shall 

at all times be truly representative of the Industry, and in other 

respects comply with the provisions of the Act, the Administrator 

may prescribe such hearings as he may deem proper; and thereafter 

if he shall find that the Supplementary Code Authority or its agent 

is not truly representative, or does not in other respects comply with 

the provisions of the Act, may require an appropriate modification 

of the method of selection of the Supplementary Code Authority. 

SEOTION 4. (1) It being found necessary to support the Administration of this Supplementary Code, in order tD effectuate the policy 

of the Act and to maintain the standards of fair competition established hereunder, the Supplementary Code Authority is authorized: 

(a) To incur such reasonable obligations as are neces ary and 

proper f r thn foregoing purposes and to meet such obligations out 

of fun 1S which shall be held in trust for the purpo es f the Supplementary Code and raised as hereinafter provided; 

(b) To submit to the Administrator for hi approval subj t to 

such noti e and opportunity to be heard a he may deem nece sary: 

1. An itemized budget of its e timated expens for the for going 

purposes, and 

2. An equitable basi ~ ur on which the fund n ce ary to upp rt 

such budget hall be contributed by all m mbers of th Indu try 

ntitl d to the benefits accruin<Y from the maintenanc f uch 

standar l an th admini trati_9n thereof; 

(c) After u ·h bu l<Yet an l ba. i of contribution } av b n appr eel y the A ministrator to d termine and coll t equitable 

contribution as above t forth, and to that end if ne e ary to 

in titute legal procee lin()' th r for in it own nam . (2) Each n moor of the indu try shall be liabl f r his or its 

equitable contribution th xpen s of the maintnan e of the 

Supplementary o l uthority a h r inab ve provi l d. nly 
7 

members of the industry complying with the Supplementary Code 

and makinO' such contribution shall be entitled to participate in the 

selection of the •members of the Supplementary Code Authority or 

to receive the benefits of its voluntary activities or to make u. e of 

any N .R.A. insignia. 

SE.CTION 5. The Supplementary Code Authority hall have the 

following further powers and duties: 

(a) To insure the execution of the provisions of this Supplementary Code. 

(b) To obtain from the members of the Industry such information 

and reports as the Supplementary Code Authority may require for 

the administration of this Supplementary Code, and to provide for 

submission to the Administrator by members of the Industry o.f 

such information and reports as may be necessary for the purposes 

recited in Section 3 (a) of the Act; provided that nothing in this 

Supplementary Code shall relieve any members of the Industry of 

any existing obligations to furnish reports to any Government 

agency. No individual reports shall oo disclosed to any members 

of the Industry or to anyone other than the Administrator or his 

duly authorized representative, and as hereinafter provided. 

(c) To use such agencies as it deems proper for the carrying out 

of any of the activities provided for herein; provided that nothing 

herein shall relieve the Supplementary Code Authority of its duties 

or responsibilities under this Supplementary Code, and that such 

agencies shall at all times be subject to and comply with the provisions hereof. 

(d) To make recommendations to the Ad·ministrator for the coordination of the administration of this Supplementary Code with 

such other codes, if any, as may be related to the Industry. 

(e) To cooperate with the Administrator in regulating the use 

of any NRA insignia solely by those members of the Industry who 

have as ented to and are complying with this Su:pplementary Code. 

(f) To furnish from time to time to the Bas1c Code Authority 

designated in said Basic Code such information as may be required 

to be furnished under the terms of the Basic Code. 

SECTION 6. To the extent permitted by the Act, and pursuant to 

such rules and regulations as the Administrator may prescribe, any 

and all information furnished to the Supplementary Code Authority 

by any members of the Indu try pur uant to the provisions of the 

Supplementary Code, shall be subject to verification by an impartial agent appointed by the Supplementary Code Authority, and 

each member of the Industry shall furnish to such impartial agent 

so much of his pertinent books, accounts and records a may be required to verify the accuracy of the information submitted. 

SECTION 7. Every employer shall provide £or the safety and health 

of employees during the hours and at the place of their employment. 

Standards for safety and health hall be submitted by the Code Authority to the Administrator within six ( 6) months after the effective 

date of the Supplementary Code. 

SECTION 8. Complaints made by members of the Indu try to the 

agent of the Supplementary Code Authority of alleged violations of 

any of the provisions of this Supplementary Code, shall be in writing. 
8 

In th event of a mplaint b in<Y r CYi tered ao·ainst any corporate 

m mber of th In lu try alleCYil10' a i lation of this up lementary 

Code, th upplem ntary d uth rity may ause an inv tigation 

to be mad by a per n mutuall r agr d upon by the uppl mentary 

Code Authority an 1 the member of the Indu try a,CYain. t whom the 

complaint is filed, or if ih . ar unabl to agre within a r asonable 

time, by a disinter -t d p r n appointed ·by the Admini tt·ator upon 

r que t by the Suprl m~ntary ode Authority. The Supr l mentary 

Code Authority may require the m mber complained aCYain t to file 

with such investi ·ator within such rea onable time aft r r ceipt of 

a copy of the complaint a the Supplem ntary Code Auth rity shall 

determin , an answer to uch complaint accompanied by supporting 

data. Both answer and data shall be verified by affidavit. The inve tigator may examine so much of the pertinent books and records 

of such member as may be required to verify the statements contained 

in said ans,ver andjor the accuracy of the data supporting such 

statements. If the matter cannot thereafter be satisfactorily adjusted within the Industry, the facts may be placed before the Basic 

Code Authority to be presented to the Administrator for such 

procedure as he may deem advisable under the Act. 

S.ECTION 9. The Supplementary Code Authority shall not be liable 

in any manner to anyone for any act of any agent or employee of the 

Supplementary Code Authority, nor shall the Supplementary Code 

Authority or its duly authorized Agent, exercising reasonable diligence in the conduct of their duties hereunder, be liable to anyone 

for any action or omission to act under this Supplementary Code, 

except for their own wilful malfeasance or non-feasance. 

SEcTioN 10. If the Administrator sha1l determine that any action 

of a Code Authority or agency thereof may be 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 for the consideration by such ode 

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 the original or modified form. 

SECTION 11. After a six (6) months' trial period, in case any 

provision of the Supplementary Code shall impo e an unusual or 

undue hard hip on any member of the Indu try, uch provi ion may 

be suspended, for review, fo.r a p~rio of sixty (60) days by. t~e 

Supplementary Code Author1ty, w1th the approYal of th dmuu -

trator. After the review, hearino-s may be held by the Admini trator 

to modify the pro i ion in que tion. 

ARTICLE V-RULE oF FAIR Col\fPETITION IN J\1aNUFACTUIUNG A ~o 

MARKETING 

(Super dina all Trade Practi cs ct forth in Article V of th na i Cod ) 

Any m .mber of the Indu try who hall dire tly or indir tly 

throu·o·h any officer empl , acr nt, r r pre ·cntati , fail t comr ly 

with any of the followino- rul of Fair Comr titi n in 1anufacturino- and J\1arketing hall be d emed to have Yi lat d this Suppl -

mentary Code. 
9 

A. No products of the Industry, in whole or in part, shall be 

sold or exchanged at prices less than the Seller's cost of such products; such cost to be based on a formula which shall be at least 

as detailed and complete as the formula to be prepared by the 

Supplementary Code Authority and approved by the Administrator; provided, however, that upon five ( 5) days' notice to the Agent 

of the Supplementary Code Authority, any member of the Industry 

may sell below his costs, in order that he may meet competitive prices 

on articles of similar style, grade and/ or specification filed in 

accordance with the provisions of this section. 

vVhen the Supplementary Code Authority determines that an 

emergency exists in this Industry and that the cause thereof is destructive price-cutting such as to render ineffective or seriously 

endanger the maintenance of the provisions of this Supplementary 

Code the .Supplementary Code Authority may cause to be determined the lowest reasonable cost of the products of this Industry, 

such det€rmination to be subject to such notice and hearing as the 

Administrator may require. The Administrator may approve, disapprove, or modify the det€rmination. Thereafter, during the 

period of the emergency, it shall be an unfair trade practice for any 

member of the Industry to sell or offer to sell any products of the 

Industry for which the lowest reasonable cost has been detennined 

at such prices or upon such terms or conditions of sale that the 

buyer will pay less therefor than the lowest reasonable cost of such 

products. 

When it appears that conditions have changed, the Supplementary 

Code Authority, upon its own initiative or upon the request of any 

interested party, shall cause the determination to be reviewed. 

All members of the Industry shall, within ten (10) days after the 

effective date of this Supplementary Code, publish for the benefit of 

all interested parties and file with the Agent of the Supplementary 

Code Authority price lists setting forth the prices, terms, and other 

conditions at wh1ch they will sell the products of the Industry to the 

several classes of trade. Said price lists and any revisions thereof 

shall be made available to all intere ted parties. 

Each manufacturer's existing price list shall remain in effect for 

a period of five (5) days following the filing of a revised price list 

and upon the filing of such revised list by any member of the 

Indu try, the Agent of the Supplementary Code Authority shall 

immediately fu:rnish copies of such revised list to all other members 

of the Industry. Any other member or members of the Industry 

desiring to file revised lists to become effective on the same date may 

do so provided that the prices set out in such revised lists are not 

lower than those in the first revised list filed and that they are filed 

prior to said effective date. 

When filing price lists, as set forth in this Section A, a sufficient 

number of lists shall be furnished to the Agent of the Supplementary 

Code Authority to enable him to supply a copy to each member of 

the Indu try, and in addition thereto six (6) copies for the use of 

the Agent of the Supplementary Code Authority. 

Nothing in thi Section A contained shall prevent the sale of 

" e ond "or cans of obsolete pattern on any ba i formulated by the 

Supplementary Code Authority and approved by the A lministrator. 
10 

All such propo eu ales hall be reported to the Sur plem ntary Code 

Authority and shall be reported by it to all members of the Industry. 1 

B. Withholding from, or inserting in, any invoice a false record 1 

wholly or in part, of the tran action r pre en ted on the face thereof, 

and the payment or allowance of secret r bates, ecret refun secret 

credits, unearned di counts (whether in the form of money or otherwise), or the xtension to certain purchasers of prices, ser ices, or 

privileges not ext nded to all other purcha er in the arne lass of 

trade, except as prices may be affected by differen·c s in quality, 

quantity in any one shipm nt, and/ or tran portation co t, ar unfair 

trade practices. 

In order to prevent discrimination, a definite classification of trade 

shall be created as soon as practicable after the effective date of this 

Supplementary Code and, for the purpo es of this Supplem ntary 

Code, the following definitions are establi hed: 

.JOBBER OR WHOLESALER 

A jobber or wholesaler. is defined to mean, but without limitation, 

an individual, firm, partnership~ corporation, association, or other 

form of enterprise organized for profit who or which . sells to 

processors and marketers of dairy products and other trade outlets. 

Such individual, firm, partnership, corporation, association, or 

other form of enterprise must also assume the credit risk of his or its 

sales and have at least the following facilities: 

(a) A warehouse and the necessary facilities for operating am e. 

(b) An adequate stock of milk and/ or ice cream cans to serve the 

trade in the territory which he or it covers. 

RETAILER 

A retailer is defined to mean, but without limitation, any individual, firm, partnership, corporation, association, or· other form of 

enterprise organized for profit who or which does not come within 

the above definition but who or which does not manufacture milk 

and/ or ice cream cans but sells milk and/ or ice creams cans for 

profit. 

CONSUMER 

A con umer is defined to mean, but without limitation, any in ividual, firn1: partnership, corporation, association, or other form of 

enterprise who or which buys milk and/ or ice cr am cans for use by 

himself or itself or his or its patrons. 

Nothing in this ection B hall be con trued by any member of 

the Indu try as a device for n1aintainin0 re ale prices. 

C. To defame or di parage a comp titor directly or indire tly by 

words or a ts which untruthfully impugn his bu ine s int grity hi 

ability to ke p his contra ts, his credit tanding, or the quali y of his 

produ t , is an unfair trade prac ice. 

D. To imitate r imulate the tra e mark trade name, packag , wrapp r, or label of a competitors produ t to such a degr as to 

1 See paragraph 2 of order approving this Code. 
11 

deceive or have a tendency to deceive customers is an unfair trade 

practice. 

E. To ~ive, permit to be given, or directly offer to gjve, anything 

of value for the purpo e 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, is an unfair trade practice. Provided, 

however, that nothing in this Section contained shall be so construed as 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. 

F. The false marking or branding of any product of the Industry 

which has the tendency to mislead or deceive customers or prospective customers, whether as to the grade, quality, quantity, substance, 

character, nature, origin, size, finish, or preparation of any product 

of the Industry, or otherwise, is an unfair trade practice. 

G. The making, or causing, or knowingly permitting to be made 

or published any false, materially inaccurate, or deceptive statement, 

by way of advertisement or otherwise, whether concerning the gTade, 

quality, quantity, substance, character, nature, origin, size, finish, or 

preparation of any product of the Industry, or the credit terms, 

values, policies, or services of any member of the Industry, or otherwise, having the tendency or capacity to mislead or deceive customers 

or prospective customers, is an unfair trade practice. 

H. All members of the Industry, when selling on a time-contract 

basis, shall use a standard form of sales contract which shall include 

maximum and minimum quantities (with the maximum quantity 

being no greater than twenty-five (25) percent above the minimum 

quantity), definite terms of time coverage, adequate description of 

the product and all other items necessary to form a complete, unambiguous agreement between seller and buyer; said standard form 

of sales contract to be subject to the approval of the Administrator. 

I. All members of the Industry shall confirm to prospective buyers in writing all verbal contractual quotations within five ( 5) days 

so that defirute evidence of such quotations may be on record, and 

such confirmations must embody all terms and considerations of the 

proposal. No additional verbal understandings shall be entered into. 

J. Inducing, or attempting to induce, the breach of any contract 

between a competitor and his customer, or the repudiation of contracts or the acceptance of repudiations of contracts, are unfair trade 

practices. 

IC Shipping goods on consignment is an unfair trade practice. 

The term "consignment", as used in this Section, means the supplying of goods to a consignee for use or sale by the consignee under 

any contract, agreement, or understanding whereby title to the goods 

remains in the consignor until such time as they are withdrawn 

from the consigned stock and/ or used or sold by the consignee and 

under which no liability for the purchase price of said goods arises 

on the part of the consignee until such withdrawal and/ or use or 

sale by him. 

L. The terms of payment of the Industry shall not be in excess 

of two (2) percent for cash in ten (10) days, net thirty (30) days, 
12 

from date Gf invoice and date of in oi e shall be no later than date 

of shipment; rovided, howe er, that in cases here numerous invoices are ren er d to a cu tomer during a month, tho ~ in oices 

dated from th first to the fifteenth of a month inclusive may be 

discounted on the 25th f the ame month and invoices dated from 

the 16th to the end of a month inclu i e may be discounted on the 

lOth of the next follov ing month. 

M. The o·ivin<Y of any guarantee a<Yainst d cline in pric , xcept 

as against the sellers own decline up to date of shipment, is an 

unfair trade practice. 

ARTICLE VI-JYIODIFIGATIONS 

SECTION 1. This Clupplementary Code and all the provis~ons thereof are expressly made subject to the right of the President, in accordance with the I?rovisions of sub-section (b) of Section ~0 of the Act, 

from time to time to cancel or modify any order, approval, license, 

rule, or regulation issued under said Act. 

SECTION 2. This Supplementary Code, except as to provi ions required by the Act, may be modified and/ or amended on the basis of 

experience or changes in circumstances, such modifications and/or 

amendments to oo based upon application by the Supplementary 

Code Authority or other representative group within the Industry 

to the Administrator and such notice and hearing as he shall specify 

and to become effective as part of this Supplementary Code on approval by the President and/or the Administrator. 

ARTicLE VII-MoNOPOLIES 

SECTION 1. No provision of this Supplementary Code shall be so 

applied as to permit monopolies or monopolistic practices, or to 

eliminate, oppress, or discriminate against small enterprises. 

SECTION 2. vVhereas the policy of the Act to increase real purchasing power will be made more difficult of consummation if J?rices of 

goods and services increase as rapidly as wages, it is recognized that 

price increases except such as ma.y be required to meet individual 

cost should be delayed, but when made such increa es should so far 

as po sible, be limited to actual additional increases in the eller's 

costs. 

ARTICLE VIII-EFFECTIVE DATE .AND DURATION 

This Supplementary Code shall bee me effective at 12: 01 o' lock 

A. M. on the tenth day after it is a! proved by the President and 

shall continue in effect until J un~ 16, 1935, or the earli t date pri r 

th reto on which the President hall, by pr lamation, or the ongre shall, by joint resolution de lare that th 1nero-ency reco<Ynized 

by Section 1 of the N ati nal In u trial Rec ery Act, has end d. 

Approv d Co 1 No. 84-Supplement No. 30. 

Regi try No. 113u.....:b5. 

0 

UNIVER S ITY OF FLORIDA 

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