Approved Code No. 391 Registry No. 615-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

INSECTICIDE 

AND DISINFECTANT 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 6, 1934. 

UNIV. OF FL LIi. 

OC!JME ft 

I I \ / \ 

U.I. DEf90e'iTO .. Y 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

( \ 

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

V 
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. : 504 Post Office Building. 

Birmingham, A.Ia.: 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

Chicago, Ill.: Suite 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, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla. : Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

M€'mphis, 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 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Ca1if.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 391 

CODE OF FAIR COMPETITION 

FOR 'IHE 

INSECTICIDE AND DISINFECTANT 

MANUFACTURING INDUSTRY 

As Approved on April 6, 1934 

ORDER 

CODE OF FAIR COMPETITION FOR THE INSECTICIDE AND DISINFECTANT 

MANUF AOTURING INDUSTRY 

An application having boon 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 Insecticide and Disinfectant Manufactur- . ing Industry, and hearings having been duly held thereon and the 

annexed report on said Code, containing findings with respect 

thereto, having been made and directed to the President : 

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

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

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

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

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved; provided, however, 

that the provisions of Article VII, Sections 1, 2 (a) and (b) inclusive, insofar as they prescribe a waiting period between the filing 

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

and the effective date of revised price lists or revised terms and conditions of sale, be and they are hereby stayed pending my further 

order. 

HUGH s. JOHNSON' 

Administrator for Indit,Strial Recovery. 

Approval recommended: 

GEO. L. BERRY, 

Division Ad1ninistrator. 

vVAsHINGToN, D.c., 

April 6, 1934. 

61571 °-482-36-34 (245) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

S'IR: A Public Hearing on the Code of Fair Competition for the 

Insecticide and Disinfectant Manufacturing Industry, submitted by 

the National Association of Insecticide and Disinfectant Manufacturers, Inc., was conducted in Washington on the 22nd of November 

1933, in accordance with the provisions of the National Industrial 

Recovery Act. This Association claims to represent seventy-five 

(75%) percent of the Industry. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

This Code specifies with the exceptions indicated that no employee 

shall be permitted to work in excess of eight (8) hours per day or 

forty ( 40) hours in any calendar week. Provision is made, however, 

that these limitations shall not apply during eight (8) weeks o:f the 

year in which seasonal or peak periods place an unusual and temporary burden upon the Industry. It is further provided that in no 

case shall the hours worked in any calendar week exceed .forty-eight 

( 48) hours during seasonal or peak periods and that in respect to 

emergency maintenance and repair shop crews, engineers, firemen 

and electricians, there should be allowed a tolerance of ten ( 10%) 

percent and further that watchmen shall not be permitted to work 

1n excess of fifty-six ( 56) hours in any calendar week. 

It is provided that there be excepted from the maximum hour provisions, executives, administration, technical, and supervisory employees receiving $35.00, or more per week, and outside salesmen 

and outside service crews. 

There is provision, that employees on an hourly rate of pay shall 

be paid not less than one and one-third times the regular hourly 

rate :for work in excess of eight (8) hours in any twenty-four (24) 

hour period. 

The Code provides a minimum wage of forty ( 40¢) cents per 

hour for male employees, and thirty-five (35¢) cents per hour for 

female employees. The minimum wage that shall be paid to all other 

employees, except commission sales people, shaU be not less than at 

the rate o:f $15.00 per week. 

Where female employees perform snhstantially the same work as 

male employees they shall receive the same rate of pay. 

It is provided that learners and apprentices, for a period not to 

exceed eight weeks, may be paid not less than 80 percent of the 

regular rates for the work performed, but there is a limitation on 

the total nnmber of such learners and apprentices which prescribes 

that they shall not at any tjme exceecl 5 percent of the total number 

of employees. 

(246) 
247 

The Code provides an equitable adjustment in all pay schedules 

of factory employees above the minimum shall be made not later 

than thirty days from the effective date by any employers who hn,ve 

not heretofore made such adjustment subsequent to June 16, 1933, 

and the first reports of wages required to be filed under this Code 

shall contain all wage increases made since June 16, 1933. 

Persons, who because of age or physical or mental handicap, 

are considered to be of limited earning capacity, may be employed 

by this Industry on light work at a wage below the minimum established by this Code if the employer obtains from the State Authority, designated by the United States Department of Labor, a 

certificate authorizing his employment at such wages and for such 

hours as shall be stated in the certificate. Each employer is directed, under the provisions of the Code, to file with the Code 

Authority a list of all such persons employed by him. 

ECONOMIC EFFECTS OF THE CODE 

Insecticide and Disinfectant :1'1anufacturing Industry may be considered as having two Divisions-one of which manufactures insecticides and the other disinfectant materials. vVhile there are 

differences in labor conditions in the two Divisions the marketing 

problems are verv similar. 

It is estimated' that there were over 1300 firms engaged in the 

Industry, but investigation has indicated that there are but approx:irnately 275 bona fide members. 

This Industry is one which is closely related to the health conditions of the country. Its products are used in checking the spread 

of diseases and insects which may be carriers. Government experts 

have estimated that the total loss from depredations of insects 

amounts to two billion dollars annually. From this stand-point 

the Industry performs a very real and valuable function. 

It has been reported that in 1929 the aggregate annual sales in 

dollars amounted to $18,350,000. At this time, 1500 employees were 

engaged in the work of this Industry. In 1933 sales for a six month 

period indicated a total annual sales production of $5,200,000 and 

but 1350 employees engaged in the Industry. 

The Industry is subject to two peak periods with the greatest 

demand coming in the spring and fall months. This demand appears to be affected by weather conditions and may become acute in 

case of epidemics. 

The Code provisions will reduce the hours worked per week about 

16 percent for factory employees and about 9 percent for office employees. Employment should be increased about 25 percent above 

the June, 1933 figures but may still be slightly less than the 1929 

average. The minimum ·wage rates proposed should result in substantially higher minimum earnings and somewhat higher average 

earnings than prevailed in 1929. It is estimated that payrolls will 

probably be increased about 33 percent above those of June, 1933. 

The Code provision of a $15.00 per week minimum ,vage for all 

except factory employees is substantially above the m-inimum wages 

paid office workers in 1929. 
248 

FINDINGS 

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

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

I find that: 

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

removal of obstructions to the free fl.ow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, 

by inducing and maintaining 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 power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

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

( c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limita. 

tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is a trade association truly representative of the aforesaid Industry; and that said association imposes no inequitable restrictions on 

admission to membership therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other ,steps of the economic process hav~ 

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

Code. 

For these reasons, this Code has been approved. 

&spectfully, 

APRIL 6, 1934. 

HuaH S. JoHNSoN, Admlinistrator. 
CODE OF FAIR COMPETITION FOR THE INSECTICIDE 

AND DISINFECTANT MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effect -the policies of Title I of the National Industrial Recovery 

Act, the following provisions are established as a Code of Fair 

Competition for the Insecticide and Disinfectant Manufacturing 

Industry, and upon approval by the President shall be the standard 

of fair competition for such Industry and shall be binding upon 

every member thereof. 

ARTICLE II-DEFIN'ITIONS 

1. The term " Industry", as used herein, includes the manufacture 

for sale of household and live stock insecticides, disinfectants, sanitary deodorants, tar oil and pine oil dips, and concentrates and/ or 

extracts used in the preparation of same. 

2. The term "Insecticide", as used in this Code, shall include any 

substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any insects which may 

infest animals, houSBhold or other buildings, excluding moth-proofing substances or compounds, borates, arsenicals, fluorides, cyanides, 

and fumigants. 

3. The term "Disinfectant", as used herein, means any chemical 

or drug or combination of chemicals or drugs intended to destroy 

one or more kinds of disease germs, or other harmful micro-organisms, (not including bacterial spores) when applied to all inanimate 

objects that might harbor disease germs. 

4. The term "minimum standard", as used herein, applies to 

liquid household insecticides for use against house flies, and shall 

mean not less than 60% kill, using the Peet-Grady test. 

5. The term "member of the Industry" includes any individual, 

partnership, association, corporation, or other form of enterprise 

engaged in the Industry, either as an employer or on his own behalf. 

6. The term "employee", as used herein, includes any and all 

persons engaged in the Industry, except a member of the Industry, 

however compensated. 

7. The terms "President", "Act", and "Administrator" as used 

herein, shall mean respectively the President of the United States, 

the National Industrial Recovery Act, and the Administrator for 

Industrial Recovery. 

8. The term "Association " as used herein means the National 

Association of Insecticide and Disinfectant Manufacturers, Inc., a 

trade association incorporated under the laws in the State of New 

York and having its headquarters office in New York, N.Y. 

(249) 
250 

ARTICLE III-HoURs 

SECTION 1. No employee shall be permitted to work more than six 

(6) days, nor more than forty (40) hours in any calendar week, or 

eight (8) hours in any one day. Provided, however, that these limitations shall not apply during eight (8) weeks of the year in which 

seasonal or peak demands place an unusual and temporary burden 

upon the Industry; but in no case shall the hours worked in any 

calendar week exceed 48 hours during such seasonal or peak periods; 

and provided further, that with respect to emergency maintenance 

and repair shop crews, engineers, firemen and electricians there shall 

be allowed a tolerance of ten per cent; provided further, that watchmen shall not be permitted to work longer than 56 hours in any calendar week, and provided further, that nothing in the foregoing 

maximum hour provisions shall apply to executive, administrative, 

technical and supervisory employees who receive $35.00 or more per 

week; and outside salesmen and outside service crews. 

SECTION 2. If any employee on an hourly rate of pay works in 

excess of eight (8) hours in any twenty-four (24) hour period, the 

wage paid for excess hours shall not be less than one and one-third 

the regular hourly rate. 

SECTION 3. No employer shall knowingly engage any employee for 

any time which when totaled with that already performed with 

another employer, or employers, exceeds the maximum permitted 

herein. · 

ARTICLE IV-WAGES 

SECTION 1. The minimum wage that shall be paid factory employees shall be at the rate of forty ( 40) cents per hour for male 

employees, and at the rate of thirty-five (35) cents per hour for 

female employees. 

SECTION 2. The minimum wage that shall be pa.id to all other employees, except commission sales people, shall be not less than at the 

rate of $15.00 per week. 

SECTION 3. Learners and apprentices for a period of not to exceed 

eight weeks may be paid not less than 80% of the regular rates for 

the work performed, but in the case of any employer the total number 

of such learners and apprentices at any time shall not exceed 5% 

of the total number of employees. 

SECTION 4. Equitable adjustment in all pay schedules of factory 

employees above the minimum shall be made not later than 30 days 

from the effective date by any employers who have not heretofore 

made such adjustment subsequent to June 16, 1933, and the first 

reports of wages required to be filed under this Code shall contain 

all wage increases made since June 16, 1933. 

SECTION 5. This article establishes a minimum rate of pay which 

shall apply, irrespective of whether an employee is actually 

compensated on a time rate, piecework, or other basis. 

SECTION 6. Female employees performing substantially the same 

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

employees. 

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

age or physical or mental handicap may be employed on light work 
251 

at a wage below the minimum established by this Code if the employer obtains from the State Authority designated by the United 

States Department of Labor a certificate authorizing his employment 

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

Each employer shall file with the Code Authority a list o:f all such 

persons employed by him. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person ·under sixteen (16) years o:f 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 dangerou to health. The Code Authority shall 

submit to the Adininistrator as soon as possible a list of such operations or occupations. In any State an employer shall be deemed 

to have complied with this provision as to age if he shall have on 

file a certificate or permit duly signed by the Authority in such State 

empowered to issue employment or age certificates or permits showing that the employee is of the required age. 

SECTION 2. As required by Section 7 (a) of Title 1 of the Act, the 

following provisions are conditions of this Code : 

(a) 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 representatives or 

in sel:f-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection; 

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

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;· and 

( c) Employers c:ball comply with the niaximum hours of labor, 

minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President. 

SECTION 3. No employer shall reclassify employees or duties o:f 

occupations performed or engage in any other subterfuge for the purpose of defeating the provisions of the Act or of this Code. 

SECTION 4. The proYisions of this Code shall not supersede any 

law within any State which imposes more stringent requirements 

on employers as to age o:f employees, wages, hours o:f work, or as to 

safety, health, or sanitary conditions, or insurance, or fire protection, 

or general working conditions, than are imposed by this Code. 

SECTION 5. All employers shall post complete copies of the labor 

provisions of this Code in conspicuous places accessible to employees. 

SECTION 6. If any employer in this Industry is al-:so an employer 

in any other Industry, the provisions of this Code shall apply to, 

and affect only, that part of his business which is included in this 

Industry. 

ARTICLE VI-ADMINISTRATION 

SECTION 1. A Code Authority is hereby constituted to cooperate 

with the Administrator in the administration of this Code. SECTION 2. The Code Authority shall consist of nine (9) members 

to be selected as hereinafter provided, and in addition thereto there 
252 

may be three members without. vote, to be appointed by the Administrator to serve without compensation from the Industry. 

The Industry members shall be selected by a fair method, subject 

to the approval of the Administrator, under the following conditions: 

(a) Seven members by the members of the Industry who are members of the Association, two of whom shall be from the petroleum 

refining companies who Rre members of the Industry and members 

of the Association; and 

(b) Two members from members of the Industry who are not 

members of the Association. 

The members who may be appointed by the Administrator shalJ 

receive all notices of m,eetings given to members of the Code 

Authority. 

SECTION 3. The Association participating in the selection or activities of the Code Authority shall (1) impose no inequitable restrictions 

on membership, and (2) submit to the Administrator true copies of 

its articles of association, by-laws, regulations, and any amendments 

when made thereto, together with such other information as to 

membership, organization, and activities, as the Administrator may 

deem necessary to effectuate the purposes of the Act. 

SECTION 4. In order that the Code Authority shall at all times be 

truly representative of the Industry and in other respects comply 

with the provisions of the Code, the Administrator may prescribe 

such hearings as he may deem proper; and thereafter if he shall find 

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

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

an appropriate modification in the composition and method of 

selection of the Code Authority. 

SECTION 5. Members of the Industry shall be entitled to participate in and share the benefits of the activities of the Code Authority 

and to participate in the selection of the members thereof by becoming members of the Association, and/or by assenting to and complying with the requirements of this Code and sustaining their reasonable share of the expenses of its creation and administration. Such 

reasonable share of these expenses shall be determined by the Code 

Authority, subject to review by the Administrator, on the basis of 

volurbe of business and/or such other factors as may be deemed 

equitable. 

SECTION 6. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any mern.ber of the Code Authority be liable in any manner to 

anyone for any act of any other member, officer, agent, or employee 

of the Code Authority. Nor shall any member of the Code Authority exercising reasonable diligence in the conduct of his duties 

hereunder, be liable to anyone for any action or ommission to act 

under this Code, except for his own willful misfeasance or nonfeasance. 

SECTION 7. The Code Authority shall have the following further 

powers and duties : 

(a) To jnsure the execution of the provisions of this Code and 

to provide for the compliance therewith by the Industry under rules 

and regulations approved by the Administrator. 
253 

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

and :for the administration and enforcement of the Code. . ( c) To secure from mem.bers of the Industry such information 

and reports as are required for the administration of the Code. 

Such information and reports shall be submitted by members to such 

neutral agency or agencies as may be designated by the Code Authority. In addition to information required to be submitted to the 

Code Authority all or any of the persons subject to this Code shall 

furnish such satistical information as the Administrator may deem 

necessary for the purposes recited in Section 3 (a) of said Act to such 

Federal and State agencies as the Administrator may designate. 

Nothing in this Code shall relieve any person of any existing obligation to furnish reports to Government agencies. No individual reports shall be disclosed to any other member of the Industry or any 

other party except to such governmental agencies as may be directed 

by the Administrator. 

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

out of any of its activities provided for herein and to pay such 

agencies the cost thereof, provided that nothing herein shall relieve 

the Code Authority of its duties or responsibilities under this Code. 

( e) To secure from the members of the Industry an equitable and 

proportionate payment of the reasonable expenses of maintaining 

the Code Authority and its activities. 

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

of any N.R.A. insignia solely by those members of the Industry who 

have assented to, and are complying with, this Code. 

(g) To initiate, consider and make recommendations for the modification or amendment to this Code. 

SECTION 8. If the Administrator shall determine that any action of 

a Code Authority or any 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 

o:f the merits of such action and further consideration by such Code 

Authority or agency pending final action which shall not be effective 

unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with · such action in its original or modified form. 

ARTICLE VII-TRADE PRACTICES l 

SECTION 1. The Code Authority shall proceed to establish a uniform 

system of cost accounting in conformity with accepted standards, 

for use by the members of the Industry. Upon approval by the 

Administrator, such system of cost accounting shall be used by· each 

member of the Industry in determining his costs. The Code Authority shall survey the Industry to determine, subject to the approval of 

the Administrator, which members thereof are truly representative. 

Upon such determination, the Code Authority shall proceed to gather 

cost data from such members, determined under such cost finding 

procedure, and when such cost data is ascertained the results shall 

be made lmown to members of the Industry and thereafter, subject 

1 See paragraph 2 of order approving this Code. 
254 

to the approval oi the Administrator, it shall be unfair competition 

to sell products of the Industry below the lowest reasonable cost 

so determined from such data. 

SECTION 2 (a) Since it has been the recognized practice of the 

Industry to sell it products on the basis of printed net price lists, 

or price lists with di count sheets which are distributed to the trade, 

each member of the Industry shall, within ten days after the effective 

date, file with the Code Authority a net price list, or a price list and 

discount heet, as the case may be, individually prepared by him, and 

the Code Authority shall iirunediately send copies thereof to all members of the Industry concerned. 

Revised net price lists or revised price lists with discount sheets, 

may be filed from time to time thereafter with the Code Authority 

by any member of the Industry, to become e:ffectfre upon the date 

specified therein, but such revised price lists and discount sheets shall 

be filed with the Code Authority five days in advance of the effective 

date thereof, unless the Code Authority shall authorize a shorter 

period. Copies of revised price lists and discount sheets, with the 

effective date specified, shall immediately be sent to all members of 

the Industry concerned, who thereupon ma.y file, if they so desire, 

revisions of their price lists and/ or discount sheets, which shall 

become effective upon the date when the revised price list or discount 

sheet first filed shall go into effect. 

(b) Such price lists and discount sheets shall definitely specify 

the prices, discounts and terms which shall apply in all sales except 

as otherwise herein provided. 

( c) All quantity discounts hall be true quantity discounts, based 

on each sale, and sales shall not be accumulated for the purpose of 

applying quantity discounts. No quantity discount shall be allowed 

on any order for insecticides amounting to less than $45.00 except 

under conditions prescribed or approved by the Code Authority. (d) No member of the Industry shall sell any products of the 

Industry at a price or prices lower than or upon terms or conditions 

more favorable than stated in his price schedule filed as hereinbefore 

provided. 

( e) Nothing in Sections 1 and 2 of this Article shall be interpreted 

to prevent any sale in good faith of any products that any member 

of the Industry may be discontinuing in his line, or damaged goods 

or inventories which must be converted into cash to meet emergency 

needs, upon such terms and conditions and in such amounts as the 

Code Authority may approve. 

SECTION 3. It shall be unfair competition for any member of the 

Industry to pay a buyer for a special advertising, merchandising or 

distribution service by such buyer except (a) in pursuant of a written 

contract made in good faith and explicitly defining the service to 

be rendered and the payment therefor, and (b) after such service 

is duly rend·ered and payment is reasonable. Such payment js 

reasonable in amount if in the case of a printed advertisement the 

payment does not exceed the actual cost of the adverti ement, calculated on a lineage basis which shall not exceed the actual rate paid 

and shall not exceed the cost of advertising on a lineage basis as 

set forth in the current national rate and data book. In the case 

of circulars, window poster and/or similar printed matter, no allow-
255 

ance shall exceed the actual cost o:f printing. No such payment 

shall be made for a counter, shelf, floor, or window display, in excess 

of the r_egular rate established by the local window display service 

companies. 

SECTION 4. It shall be unfair competition for any member of the 

Industry to use advertising ( whether printed, radio, display or o:f 

any other nature) or other representation which is inaccurate in any 

material particular or in any way misrepresent any commodity 

(including its use, trade-mark, grade, quality, quantity, origin, size, 

substance, character, nature, finish, material content or preparation), 

credit terms, values, policies, services, or the nature or form of the 

business conducted. 

SECTION 5. It shall be unfair competition for any member of the 

Industry to exchange or off.er to exchange its merchandise for the 

merchandise of another member of the Industry, or for any other 

merchandise other than that of similar ingredient or name. 

SECTION 6. Requiring a buyer to purchase one product of the 

Industry to influence or force the sale of another product of the 

Industry, or any substitution of a product for one that is ordered 

by the buyer, without his consent or approval, or the imposing on 

the buyer of any unjust or uneconomic term or condition of sale, is 

unfair competition; however, nothing in this section shall be deemed 

to prevent the sale of combination packages of products of the 

Industry and special service appliances therefor. 

SECTION 7. It shall be unfair competition for any member of the 

Industry to sell, or offer to sell, products of this Industry on the 

basis of guaranteed sales, or any bill-back or charge-back arrangement 

whatsoever. 

SECTION 8. No member of the Industry shall ship goods on consignment except under circumstances to be defined by the Code Authority 

where peculiar circumstances of the Industry may require the 

practice. 

SECTION 9. Furnishing special containers, preparing special formulae for individual buyers or consignees, or using special ingredients in standard formulae, as an inducement to the making of a 

contract and/or sale, without adequate charge therefor, is unfair 

competition. 

SECTION 10. No member of the Industry shall give, permit to be 

~iven, or directly offer to give, any thing of value for the purpose of 

1nfluencing 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. 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 11. The sale or offering for sale of any liquid household 

insecticides, for use against fli es, below the " minimum standard " 

as defined in this Code, or of any Pyrethrum products below the 

standards defined by the United States Department of Agriculture, 

is unfair competition. 
256 

SECTION 12. No member of the Industry shall use advertising or 

other representation whjcl1 refers inaccurately in any material particular to any competitors or their commodities, prices, values, credit 

terms, policies, or services. 

SECTION 13. The dating of any inYoice other than the date of ship. 

ment, and the withholding from, or inserting in the invoice, facts 

which make the in-voice a false record, wholly or in part of the 

transaction represented on the face thereof, is unfair competition, 

however, June 1st dating may be allowed on all shipments from 

January 1st to June 1st. 

SECTION 14. The payment or allowance of secret rebates, refunds, 

credits, unearned discounts, or other special concessions or allowances, including donations or gifts of any nature, whether in the 

form of money, free goods, or otherwise, is unfair competition. 

SECTION 15. Allowing terms of payment more favorable than 2% 

cash discount 10th proximo or more favorable than net 30th proxjmo, is unfair competition; however, members of the industry may 

make special terms to public or semi-public institutions. 

SECTION 16. No member of the Industry shall maliciously attempt 

to induce the breach of an existing contract between a competitor 

and his employee or customer or source of supply; nor shall any 

such member maliciously interfere with or obstruct the performance 

of such contractual duties or services. 

SECTION 17. Imitating or simulating any design, label or trade 

name used by other members of the Industry, is unfair competition. 

SECTION 18. It shall be an unfair trade oractice to so alter the 

physical characteristics of any advertised o; guaranteed product of 

the Industry for the purpose of resale thereof in such a way that 

the effect of such alteration i,s to deceive and/or mislead the purchaser thereof as to the kind, quality, character, or effectiveness of 

such product. 

SECTION 19. A tar disinfectant or pine disinfectant or mixture of 

both, shall bear a label containing a plain, conspicuous, correct and 

definite statement of the Bacillus typhosis phenol coefficient thereof, 

as determined by the methods pre.scribed and promulgated by the 

Secretary of Agriculture. No phenol coefficient shall be required 

upon a label or accompanying printed matter of other than tar 

disinfectant or J?ine disinfectants, or mixture of both, but may be 

permitted on disinfectants or germicides other than tar disinfectants 

or pine disinfectants under such rules and regulation,s as may be 

promulgated by the Secretary of Agriculture. Any violation of the 

provisions of this section is unfair competition. 

ARTICLE VIII-EXPORT TRADE 

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

of selling, shipping, or marketing shall apply to sale,s or shipments 

for export trade. 

SECTION 2. Subject to the approval of the Code Authority, the 

exceptions established by this article shall apply also to sales or 

shipments of materials actually used in the manufacture for export 

trade. 
257 

ARTICLE IX-MODIFICATIONS 

SECTION 1. As required by Section 10 (b) of Title I of the Act, 

the President may, from time to time, cancel or modify any order, 

approval license, rule, or regulation issued under said Title. 

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

may be modified on the basis of experience or change in circumstances, such modification to be based upon application by the Code 

Authority, or other interested parties, to the Administrator and after 

such notice and hearing as he shall specify, and become effective 

upon his approval. 

ARTICLE X-Mo :roPOLIES 

No provision of this Code shall be so applied as to permit 

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

discriminate against small enterprise,s. 

ARTICLE XI-EFFECTIVE DA TE 

This Code shall become effective on the eleventh day after its 

approval by the President. 

Approved Code No. 391. 

Registry No. 615---01. 

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UNIVER SITY OF FLOR IDA 

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