NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR C·OMPETITION 

FOR THE 

LIQUEFIED GAS INDUSTRY 

AS SUBMITTED ON AUGUST 26, 1933 

. REGISTRY No. 706-01 

The Code for the Liquefied Gas Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein!are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1933 

\ 

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

CODE FOR THE LIQUEFIED GAS INDUSTRY 

PuRPOSES 

In order to insure the conservation of the ljquefiecl gas resources 

of the country, to eliminate unfair trade practices, to increase employment, to establish fair and adequate wages, to enlarge the purcha ing power of per ons related to this industry, to improve the 

standards of labor to o restore the liquefied gas industry that it 

may promote the general welfare and common prosperity of the 

American people, to give maximum safety protection to all consumers regardless of type, to eliminate unfair competition in the 

liquefied gas industry, and to accomplish and effectuate the policies 

set forth in the National Industrial Recovery Act, this Code of 

fair trade practices governing the liquefied gas industry is adopted. 

THIS CODE COVERS ONLY THE MARI(ETING OF 

LIQUEFIED GAS FOR ANY USE vVHATSOEVER, IN ANY 

QUANTITIES AND IN ANY SIZE OR TYPE OF CONTAINER vVHATSOEVER. 

Liquefied gas for the purpose of this Code is (a) an inflammable 

liquefied hydrocarbon material havino· an absolute vapor pressure 

exceeding twenty-five pounds per square inch gauge at 70° F. and/ or 

(b) any inflammable liquefied hydrocarbon material with a lesser 

vapor pressure, but not less than nine (9) pounds absolute vapor 

pressure at 70° F., when same is u eel as or in a similar manner to 

'bottled gas " for purposes such as cooking, water heating, and the 

like by the gas feed, liquid feed, or other utilization system, or as 

raw material in "pentane-air" machines and the like. 

A person, firm association, corporation, or a producer, distributor, jobber, wholesaler, or retailer shall herein be termed "marketer." 

ARTICLE I-LABOR 

Employees in this industry shall have the right to organize and 

bargain collectively through representatives of their own choosing, 

and shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representati' es or in self-organization, or in other concerted activities 

for the purpose of collective bargaining, or other mutual aid or 

protection. No employee in this industry, and no one seeking employment therein, shall be required as a condition of employment 

to join any company union or to refrain from joining a labor organization of his own choosing. Employers of labor in this industry 

shall comply with the maximum hours of labor, minimum rates of 

pa}, and other conditions of employment approved or prescribed 

by the President. 

l!J0-03 (1) 
2 

The selection retention and ad ancement of employees will be on 

the ba i of individual merit without regard to th ir affiliation or 

nonaffiliation with any labor or other organization. 

The emplo ee of the liquefied ga in lu ry except xecuti' es, 

supervi or , and their immediat clerical force and out id ale -

men, will work on an average of not more than 40 hours I r we k. 

Because of the exigencies and ea onal peak of the liquefi <Ya indu try it may be nece ary to work the mployees more than 40 

hours per week on occasion but the weekly work for each indivi lual 

for each six months' calendar period shall not exceed an av ra<Ye of 

40 hours per w ek nor exceed a total of 4 hours in any on w ek. 

The minimum wage to be I aid by employer in the indu try hall be 

forty cents ($0.40) per hour, excepting tho e employees w rking on a 

commis ion or drawing account basis in the direct sales activitie of 

the industry. 

The rate for other labor shall bear a fair relation to the foregoing, giving due consideration to the experience and knowledge of 

the employees affected and to the prevailing scale for similar work 

in the locality of the employment, but no attempt shall be made to 

introduce any classification according to the nature of the work 

involved which might tend to set a maximum as well as a minimum 

wage. 

N 0 " MARKETER " IN THIS INDUSTRY SHALL EMPLOY ANY MINOR J.. DER 

THE AGE OF IXTEEN ( 16) YEARS. 

THE LABOR PROVISIONS HEREIN SHALL NOT APPLY WHEN THE PRI :reiPAL BUSINE SOFA" MARKETER" COMING WITHIN THE ARTICLE OF THIS 

CODE IS OTHER THAN MARKETING OF LIQUEFIED GAS. A ' l\IARKETER ' 

WHOSE PRINCIPAL BUSINESS IS OTHER THAN THE MARKETING OF LIQUEFIED GAS SHALL BE PRIVILEGED TO ABIDE BY THE LABOR PROVI ION OF 

EITHER THI CODE OR THE CODE ADOPTED FOR ITS PRINCIPAL BU !NESS 

PROVIDING, HOWEVER, THAT IN NO CASE SHALL. SU H " MARKETER " 

MINIMUM WAGE SCALE OR MAXIMUM HOURS OF EMPLOYMENT BE MORE 

ADVANTAGEOUS TO SUCH" MARKETER" THAN THE PROVI ION ET FORTH 

HEREIN. 

In order that the Pre ident of the United States may be informed 

as to the observance or nonobservance of this Code and as to wh ther 

the liquefied gas industry is taking appropriate steps to ffectuate the 

declared policy of the National Industrial Recovery Act ach "marketer" engaged in any phase of the liquefied gas industry will furnish duly certified reports every month showing the actual hours 

worked by the various occupational groups of employ and the 

minimum hourly and/or weekly and/or monthly rat s of wag s in 

such form as may be hereafter requested. 

ARTICLE II-~1ARKETING 

RULE 1 

No ' mark t r engaged in the sal of liquefie ga product 

shall indu e a tempt t indue , r a i t a party to br ak a then 

exi ting written contract for the ale of liquefi d O'a proclu t or a 

th n exi ting lea e of the quipm nt u for the ale or utilization 

of liqu fied gas product between that part. an anoth r. 
3 

No marketer" ngao·ed in the sale of liquefied ga products shall 

knowingly enter into any agr ement to s ll r deliv r any liquefied 

gas to anyone where ale or delivery will violate or pre' ent the 

performance of a th n existing written contract between the person 

to whom the sale or delivery is made and another. 

No contracts in violation of this Code are protected under this 

rule. 

RULE 2 

When any equipment, tank, cylinder, or other device for the 

storage, consumption, handling, or sale of liquefied gas sold or 

leased prior or after the adoption of this Code bears the name, mark, 

trade mark, or trade name of any" marketer" engaged in the manufacture or ale of any uch commodity, no other "marketer", unless that "marketer" has been regularly serving such equipment 

immediately prior to the adoption of this Code, or unless such equipment is owned by Federal, State, or municipal governments or subdivisions thereof and no liquefied gas contract is in effect, shall deliver into or deliver for sale to such equipment tank, cylinder, or 

other device, or any tank or container connected therewith, any 

liquefied gas other than that manufactured, sold, and distributed 

by the" marketer" whose name, mark, trade mark, or trade name is 

so affixed and no "marketer" shall in any way knowingly be a party 

to the substitution of one brand of liquefied gas for another, or the 

removal or transportation of any equipment, tanks, cylinders, devices, or the like belonging to another "marketer." 

No "marketer" shall make any changes in, additions to, or substitutions from, any equipment installed by any "marketer", except where such other "marketer" has been regularly supplying 

liquefied gas for use in such equipment immediately prior to the 

adoption of this Code, or upon written permission of the owner 

thereof or the original "marketer" installing same. :Marks, trade 

marks, or trade names of any "marketer" engaged in the manufacturing or sale of any such commodity shall not be removed by 

any other "marketer" except on written authorization by such 

"marketer" and/or owner. 

RULE 3 

As the bottled gas branch of the liquefied gas industry is a growing industry and as it is still in its development period of creating 

new markets, marketing of appliances to consumers directly by the 

"marketer" is essential, and all "marketers" may sell appliances 

direct. Incentives such as load-building appliances, utensils, advertising novelties etc., shall be construed as assisting in building 

the industry and shall be allowed, only to consumers already using 

liquefied gas as compensation for services rendered, in a manner 

conducive to good business practices, and the value of such incentives 

shall not be excessive in comparison to business gained thereby. 

"~1arketers ' engaged in the sale of liquefied gas shall not give 

away any liquefied gas nor rmake any installation or lease free of 

charge or at less than posted prices. 
Thi rule hall not prevent (a) the g1v1ng of oth r rea ·onable 

prize at fair public demon tration and c okinD' cho l·: (b) the 

giving of other r a onable in entiv to indue atten lane at uch 

public d mon tra tion or to obtain nan1es of pro pecti e on mner . 

RULF. 4 

-4-ll ':marketer hall po t. at each J?Oint from which they make 

dehvel'l an l at rlace l' adily a e lble to th public all price 

for which liquefi d gases are old at retail. All marketers" engaged in the retail ale or l a ing of bottled-gas equipm nt shall 

post at each point from whi h they make deliverie an l at place 

readily a c ibl to the public all r tail pri e for "hich bottled 

gas equipment are old and/or leased. Upon adoption of this Code 

all ' mark ters" hall submit posted price schedules and any price 

changes rna le thereafter in written form to the National Bottled 

Ga A ociation, r any other as ociation designated by the Enlergency National Committee, within twenty-four hours after such 

change. All " marketers " shall have access to this information 

from the "Association" upon written request. All price shall r -

main in effect for at lea t twenty-four (24) hours after they are 

posted. Po ting shall include the following: (a) The retail prices 

for all cla es, type , methods, and quantities of deliveries of liquefied 

gas· (b) the prices andjor lea e or installation charges for all type 

and specification of liquefied gas equipment for retail use; (c) a 

chedule of all eli ount offered and the terms thereof; and (d) 

a statoo1ent of all terms as to freight rates, deliveries, and points 

of price basis. All retail ale or leased installations shall be made 

at the po ted price or lease charges and no " marketer " shall n1ake 

any deviation from his posted price by means of rebate allowances, conces ion , benefits, scrip books, quantity discounts, eli - counts to buyers of a class or by any plan, device, or scheme wher by 

any buyer obtains any liquefied gas or equipment, or lease or in tallation at a net cost lower than the ·posted price. 

RULE 5 

r o '' mark ter ' engaged directly or indirectly in th liquefied 

ga indu try hall ell any liqu fiecl ga b lo'' hi ost · nor hall ell 

at retail any liquefied gas equipment or applianc for l than hi 

cost; nor :hall lea e any utilization equipment at an in tallation 

charge. lea. e fee r an. ' other f rm of initial harg that i le in 

amount than uch marketers" full co ts of his tandar 1 utilization 

unit. 

RULE 6 

All utilization equipment requiring p rtable and/ r moYeabl container" hall be apr roved by and li ted with the n l rwriter Laboratori Inc., of National Board of Fire nd rwrit r andj or 

affiliat · and hall be in tailed, n1aintain d an 1 1 rat l in a or 1-

an e W"ith th rnl : an 1 r omm n lati n of n l rwrit r La boratori . .~... :r ati nal Boar 1 of Fir n l rwriter an l/ r affiliat a a 

mean of 1 r moting the greate t degree of afety. 
5 

All cylinders or drums purcha ed after the effective date of thi 

ode hall be built and maintained in accordance "ith the specification and regulations of the Interstate Commerce Commission. All 

cylinders or lrum pur ha e l an ljor in u e prior to the effective 

date of this Code, and used for storage and/ or transportation of 

liquefied gas, in interstate or intr tate service, by rail, truck or 

otherwise, shall if not constructed, marked, and maintained in accordance with specifications and regulations of the Interstate Comn1erce Commission, be either retired from any storage or transportation ervice or be test~d, and maintained in accordance with specification of the Interstate Commerce Commission within five years 

from the effective date of this Code. 

No deliveries of liquefied gas in or by cylinders or otherwise shall 

be made to any installations either temporary or permanent for 

domestic or commercial bottled gas uses such as cooking, hot water 

heating, lighting and space heating, which installations are located 

inside building , basements or other dangerous or hazardous locations, excepting only buildings designed and erected specifically 

and exclu ively for hou ing such installation . 

Liquefied gas cylinders or drums shall be warehoused and.for 

stored only in a safe location and in a safe manner, in accordance 

with recognized safety practices and under the rule or recommendations of insurance companies or recognized authorities, and shall not 

be warehoused andj or stored in stores or locations used or frequented 

by the public. 

All deliveries of liquefied gas made to buyers or consumers for 

domestic use shall be limited to the capacity of the liquefied gas 

equipment installed on the premises of said user or buyer. 

All tanks, containers, piping, devices, and utilization equipment 

shall be built in accordance with the rules or specifications covering 

that class promulgated by National Board of Fire Underwriters, 

National Fire Protection Association, andj or affiliates, and shall be 

installed, maintained, and operated in strict accordance with the 

rules and recommendations of the National Board of Fire Underwriters, National Fire Protection Association, and/ or affiliates. 

RULE 7 

' Marketers " engaged in the sale of liquefied gas or sale or lease 

of liquefied gas equipment, being cognizant of the need for safety 

in equipment and installation, hall not sell, lease, or install any 

reclaimed or second-hand equipment, except where such equipment 

has been reconditioned so as to be equivalent from a safety standpoint to new equipment of the ame type and specification. Such 

equipment shall not be sold, leased, or installed below the posted 

price of unused equipment. 

RULE 8 

"Marketers" shall permit any duly authorized en1ployee, agent or 

representative of the Commission delegated under the National Industrial' Recovery Act to make any inspection or examination of 

books, records, contracts, plant , or stocks of merchandise to determine if there has been any failure to comply with the provisions of 

this Code. 
6 

RULE 9 

The broadcasting or publishing, in any manner of a claim representation, or implication which might be reasonably construed to 

lead to a false or incorrect conclusion in regard to the goods prices, 

or service of the advertiser, or in regard to the goods, price , or 

service of a competitor, or which lay claim to a policy or a continuing practice of generally underselling competitors, is prohibited. 

RULE 10 

This Code shall also apply to renewals or extensions of contracts 

made prior to the effective date of this Code. 

The provisions of this Code shall not apply to transactions between subsidiary or affiliated companies. Companies shall be considered to be affiliated when one owns the majority of the outstanding 

capital stock of the other and when the majority of the outstanding 

capital stock of each is held by the same individual, corporation, or 

association. 

The provisions of this Code shall not apply in respect to sales 

made in the United States for export to foreign countries. 

RULE 11 

The unauthorized use by any" marketer" of the trade mark, trade 

slogan, insignia, or emblem of any other "marketer" or of any 

trade association in the liquefied gas industry, or the assertion or 

claim, by advertisement or otherwise, by any "marketer" that he is 

a member of any such association when in fact not a member 

thereof, is prohibited. 

RULE 12 

All consuming appliances not manufactured for liquefied gas 

shall be properly adapted or converted for the safe and efficient u e 

of liquefied gas, and no " marketer " shall render such conversion 

service, on appliances being connected to a liquefied gas installation 

made by such "marketer", at prices below cost of labor and 

material. 

RULE 13 

The marketing provisions of this Code sha;ll apply to all " marketers " of liquefied gas as hereinbefore define 1· regardles of any of 

their trade associations or other industrial affiliations. 

RULE 14 

A violation of any of the rules of thi Code shall con titut an 

unfair trade practice. 

In the event any rule of this Code should be di appro ed or held 

invalid, such action shall in no way affect any other rule her of. 
7 

ARTICLE III 

EMERGENCY NATIONAL COMMITTEE 

SE TION 1. There hall be an Emergency National Committee of 

the liquefied gas industry to consist of eleven (11) committeemen, 

selections to be rna le so that every section of the United States will 

be fairly represented. Of this committee there shall be a Chairman, 

selected by a majority vote of the Committee from the Committee 

n1em bershi p. 

EMERGENCY EXECUTIVE COMMITTEE 

SEc. 2. The Emergency National Committee shall select from its 

membership an Emergency Executive Committee composed of the 

Chairman of the Emergency National Committee, who shall be also 

the Chairman of the Emergency Executive Committee, and two 

others. The Emergency Executive Committee thus constituted shall 

have all the authority and power of the Emergency National Committee when the Emergency National Committee is not in session. 

POWERS AND DUTIES OF COMMITTEES 

SEc. 3. (a) The Emergency National Committee shall be the general planning and coordinating agency for the industry. It shall 

make rules and regulations and gather such statistics as it may deem 

necessary, and upon complaint of interested parties or upon its own 

initiative may make inquiry and investigation into the operation of 

this Code, and shall aid the President and his delegates in the administration of this Code and the National Industrial Recovery Act. 

(b) The Committee shall make and publish, from time to time, 

such forecasts on these subjects as it may deem advisable. It may 

.call upon and require "marketers" and all others engaged in the 

liquefied gas industry for information and reports, to enable it not 

only to make the findings required by this Code, but when the restrictions herein provided are in force to know the extent to which 

such restrictions are operative and who are violating the rules and 

regulations, and failure of any" marketer" to comply with the Committee's request for data and information in the form prescribed 

shall constitute a violation of this Code. 

(c) The Committee shall utilize to the fullest extent possible the 

facilities of any and all existing trade associations, national, regional, 

or local, in the liquefied gas industry in such manner as may seem 

most useful to the work of the Committee. It may form or 

cause to be formed advisory committees and committees to cooperate 

in the administration of this Code, the National Industrial Recovery Act, and the rules and regulations thereunder. 

THE CHAIR:M:A~ 

SEc. 4. The Chairman of the Committee shall have and exercise 

such authority as may be delegated to him by the Committee. All 

communications and conferences of the liquefied gas industry with 
8 

the Pre ident or with hi agent concerning the approval r am n -

m nt of thi o 1 or any of it pr ision or any matter relative 

ther to hall be through the ommittee. 

C N IE 

SEc. 5. All vacanci s in the Emergency National Commit and 

the Emerg ncy Executive ommitt e shall be fill d by the Emergenc National ommittee. ~1emb r of all ommittees hall erve 

until \.ugu t 1o 193-±, when their term shall expire. 

QUOR l\I AND PROCEDURE 

E • 6. The Emergency National Committee shall determine fron1 

tim to time the number of its member requisite to a quorum, and the 

number of member of the Emergency Executive ommittee requisite to a quorum. It shall al o a lopt rules of procedure for both 

Committees. Each ommittee shall fix it own meeting dates and 

place of m eting. Member of the Committee may de ignate alternates to act for them at meetings of the Committee . 

FEE A -D A E Sl\iENTS 

SEc. 7. No initiation or entrance fee hall be charged but to cover 

the actual expenses of admini tration, as essment hall be mad 

by the Emergency National Committee of the liquefied gas indu try 

hereinbefore provided for, which assessments shall be on a fair and 

equitable ba. is, considering the nature and extent of operations 

carried on by tho e subject to as e sments, and as e ment shall 

be paid promptly when due by tho e a sesse l. 

AMENDMENTS 

SEc. 8. Thi Code may be amended by two-thirds vote of the entire 

membership of the Emergency National Committee and the amendment shall tak effect when approve 1 by the Pr ident provided 

that reasonable public noti for t n day hall be giYen to the indu try of the proposed amendment. 

Approved at o-eneral m eting of the Liquefied Gas Indu try Hotel 

Commodore New York City. 

Augu t 15 1933. 

0 

UNIVERSITY OF FLORIDA 

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