Registry No. 1720-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

EXTERMINATING, FUMIGATING, AND 

DISINFECTING SERVICE 

INDUSTRY 

AS SUBMITTED ON AUGUST 29, 1933 

1 t 

t • • • t -

u.s. 

The Code for the Exterminating, 

Fumigating, and Disinfecting Service 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 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For saJe by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 eents 

v 
SUBMITT'E'D BY 

THE DISINFECTING AND EXTERMINATING CORPORATION 

'rHE RAMI!Y_rH F;XTERMil T ATING co., INC. 

(ll) 
LETTER TR N MITTAL 

GENERAL HUGH . JOHN ON' 

Ad1ninistrato1', National Industrial R covery A t, 

Washington, D.O. 

IR: Pur uant to the Pro vi ion of Title I of the National Industrial Re overy Act The Di in£ cting and Exterminating Corporation, The ameth Ext rminating Company, Inc., hereby present a 

Cole of fair competition for the Exterminating, Fumigating, and 

Di infecting Service Industry. 

The rea ons that thi Code is filed by the e concern are the 

following: 

1. They do approximately 60 % of the entire busines . 

2. They are the large t employers of labor. 

3. Ther is no national or repre entative a · ociation 1n the 

industry. 

It is subimtted that this Code should be approved for the followwg reason : 

1. It sub tantially increases the number of employees. 

2. It improves the general working conditions of the employees. 

3. It materially shortens hours of labor. 

4. It tends to minimize unfair competition. 

5. It will improve the industry in general. 

6. It provides for fair competition among both the large and small 

-employers of labor and persons in the indu try. 

Re pectfully submitted that this Code should be approved. 

THE DisiNFECTING AND ExTERMINATING CoRPORATION, 

THE SAMETH ExTERMINATING CoMPANY, INc., 

(III) 
. 

I 
'CODE OF FAIR COMPETITION FOR THE EXTERMINATING, 

FUMIGATING, AND DISINFECTING SERVICE INDUSTRY 

To effectuate the policy or policies of Title I o.f the National 

Indu trial Recovery Act during the period of the emergency, to 

induce and maintain the united action of all elements of the Exterminating, Fumigating, and Disinfecting Service Industry under ade- ·quate governmental or private sanctions and supervisions to eliminate unfair competitive practices and to advance the public interest, 

to reduce and relieve unemployment, to improve standards of labor 

and living, and otherwise to rehabilitate the Exterminating, Fumigating, and Disinfecting Service Industry. 

The following provisions are established as a Code of Fair Competition for the Exterminating, Fumigating, and Disinfecting Service 

Industry: 

1. Definitions.- * * * the term "Exterminating, Fumigating, and Disinfecting Service Industry " as used herein is defined to 

mean the service of using Insecticides and Fumigants for the purpose ·of exterminating or controlling of rodents, vermin, and such other 

insects not generally classified as vermin, as well as the use of fumigants for the destruction of germs and other similar services required 

for the public's welfare. 

* * * the term" Exterminating, Fumigating, and Disinfecting 

Service Industry" is further defined to include all persons who perform such functions, including without limitation those persons 

commonly known and sometimes defined by Law a Exterminators, 

Exterminators' H elpers or Apprentices, Fumigators, Fumigators' 

Helpers or Apprentice , Disinfectors, Di infectors' Helpers or 

Apprentices. 

* * * the term " Per on " as used herein is to mean a natural 

person, partnership, corporation, company, association, or agency. * * * the term "Employers" shall mean all per ons who 

employ labor in the conduct of any branch of the Exterminating. 

Fumigating, and Disinfecting Service Industry as defined above. _ * * * the tern1 "Employees" shall mean all persons employed 

in the conduct of any branch of the Exterminating, Fumigating, and 

Di infecting Service Industry as defined above. 

* * * the term ' Insecticides " as used herein shall mean any 

preparation liquid, powder, pa te, or otherwi e commonly known a 

insecticides for the purpose of exterminating or controlling of 

vermin, rodents, and such other insect not generally cla sified as vermin. 

* * * the term " Fumigant " as used herein shall mean any 

preparation liquid powder, paste, or otherwi e, which when used 

either as an individual preparation or in combination with other 

9438--33 (1) 
products, will emit or liberate a gas fume or vapor either toxic or 

poisonous and used for the purpose of exterminating rodents, vermin, 

and such other insects not generally classified as vermin, as well 

as the destruction of germs. Insecticides and Fumigants shall mean 

for use in connection with service only in the conduct of any branch 

of the Exterminating, Fumigating, and Disinfecting Service Industry as defined above. 

2. P11

ovisions I ncorporated) jr01n National Industrial Recovery 

Act.-(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 self-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. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved or p"rescribed by the President. 

(d) This Code and all provision thereof are expressly made subject to the right of the President in accordance with the provisions . 

of Section 10 (b) of the National Industrial Recovery Act from time 

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

regulation issued with respect hereto under Title I of said Act. 

3. },lfinimum W'ages.-Employers in the Exterminating, Fumigating, and Disinfecting Service Industry shall pay wages: 

(a) Not less than the minimum rate of wages for skilled labor, 

hereby and as uch established, which shall not be less thanTwenty-four ($24.00) per week for an Exterminator 

Eighteen ($18.00) per week for an Exterminator's Helper or · 

Apprentice 

Thirty ($30.00) per week for a Fumigator or Disinfector 

Twenty-four ($24.00) per week for a Fumigators' Helper or 

Disinfector or Apprentice. 

in any area within a radius of fifty (50) miles of any City of over 

500,000 population. 

Twenty-two ($22.00) per week for an Exterminator 

Seventeen ($17.00) per week for an Exterminators' Helper or 

Apprentice 

Twenty-eight ($28.00) per. week for a Fumigator or Di infector 

Twenty-two ($22.00) per week for a Fumigators' or Disinfectors' Helper or Apprentice 

in any city of between 250,000 and 500,000 population or in the 

i1nmediate area of such a city : 

Twenty ($20.00) per week for an Exterminator 

Sixteen ($16.00) per week for an Exterminators' Helper or 

Apprentice 

Twenty- ix ($26.00) per week for a Fumigator or Di infector 

Twenty ($20.00) per week for a Fumigators' or Di infectors' · 

Helper or Apprentice 

in any city of between 2,500 and 250,000 population or in the immediate trade area of uch city. 
Eight en ($1 .00) p r w k for an Exterminator 

Fift( n ($1 .00) 1 r w k for an Ext nninator' Helper or 

Apprenti 

Tw nty-four ($24.00) p r w ek f r a Fumio·ator or Di infector 

Tw nty ($20.00) p r e k for a Fumio-ator or Di in£ ctors' 

H lper 

.in towns f le than 2,500 pol ulation. Population hall be determin l by th 1930 F cl ral n. u . (b) In l fini1.o- th t nn. of E.Ttermina tor Fumio-at r an l Di.·inf tor, it ·hall li tin ·tly und rstoo l that a fumigator or eli - inf tor may p rfo1 m xterminatino· . ervi but no xt rminator may 

p rform fumigating or li ·infe ting rvic and that. by virtue of 

th fa t that th u · of fumigant · i · on ·e l cl to be a cli.tinctly 

hazard u und 1-taking, a fumigator or di infector shall b camp n ated in proportion to the inherent ri ·k which he as umes when 

rforming thi · bran h of ervice whether oc upied a a fumio-ator 

or di infector on lay or three hundred and ixty-five lay in the 

year, and no plit alary will be permitted. 

(c) Not le than the minimum rate of wage for a counting, 

clerical, or office employee hereby establi heel, a follow : 

$15.00 per week in any city of over 500 000 population or in 

the immediate trade area of uch city 

$14.50 per w k in any city of b tween 250,000 and 500,000 

poi ulation, or in the immediate tra le area of nch ity 

$14.00 per week in any city of between 2,500 an l 2'"'0 000 por ulation, or in he immediate trade ar a of uch city 

$12.00 per week in towns of le than 2,500 population. Pol-; nlation hall be determined by the 1930 Federal c nsu . 

(d) Not less tha~ the minimun1 rate of Twenty-five ($25.00) dollar p r week, exclu ive of expense for any sale man or solicitor. 

(e) N thing herein contained shall be con trued to apply to emplo} ee who e rate · of wages are e tabli hed for specifi proj ct by 

compet nt governmental authority in accordance with law r with 

rate of wages e tabli hed by contracts now in force. 

(f) Temporary Employees in any cla ification a co' er d in Se - tion Three (3), Paragraph (a), shall receive a minimmn wage 

quivalent to one and one half time the prevailing cale, per day. 

(g) Emergency Service operation hall be compen ated for in the 

amount of one and one third tune the prevailing cale a covered 

in Section Three (3), Paragraph (a). 

(h) No " Per on ' a defined ill ' Definition ' hall b un ler the 

age of Twenty-one (21). Employee covered in Se tion Three (3) 

Para Taph (b), hall not b un ler the age of ixteen (16). 

4. Maximum hours.-(a) Employer in the ExterminatinG' FumigatinG' and Di infecting Ser ice Indu try hall not employ an 

ervice employee in exce of forty ( 40) hour p r week includinotraveling time from job to job or plac of employment to job or 

from employee home to job. 

(b) N r hall an one engaO' l in the exterminating, fumio·ating 

and eli in£ cting er ice indu try ren ler r ic in a imilar capacit 

a empl ee in xce of fort ( 40) hour per week including traveling time from job to job or pla e of e tabli hm nt to job. 

(c) Service required aft r the hour of 5 P.M. which are a part 

of contractural relation taking car of pecific ervice which can-
4 

not be performed between the hours of 8 A.M. and 5 P.M. shall not 

be construed as an emergency or overtime service and the time required for this service shall be included in the maximum of forty 

( 40) hours per week. 

(d) Emergency service which may arise and which is not part of 

a regular, defined schedule of operation or contractural relations of 

any branch of the exterminating, fumigating, and disinfecting service 

industry, shall be permitted; the resultant total of such emergency 

service time must not exceed one hundred and four (104) hours in 

any one year. 

(e) Executive, Administrative or Supervisory employees of ervice 

earning in excess of Thirty-five ($35.00) per week, shall be exempt 

from the provision of maximum hours and those in establishmentR 

employing not more than two persons, in towns of less than 2,500 

population. which towns are not part of a larger trade area. Population shall be determined by the 1930 Federal census. 

(£) Employers shall not e·mploy accounting, clerieal, office employees, salesmen in any office or in any place or manner for more 

than for~y ( 40) hours in any week, excluding en1ployees in managerial, executive, or sales capacities earning in excess of Thirty-five 

($35.00) Dollars per week, and those in establishments employing 

not more than two per ons in towns of less than 2,500 population, 

which towns are not part of a large trade area. Population hall be 

determined by the 1930 Federal census. 

(g) Nothing herein contained shall be c.onstrued to apply to employees whose hours of labor are established for specific projects 

by con1petent governmental authority acting in accordance with law 

or with hours of work established by contracts now in force. 

(h) On and after the effective date, no employe.r shall reduce the 

compensation for employment now in excess of the minimum wages 

tated in this Code (notwithstanding that the hours worked in such 

employment may be hereby reduced), and each employer shall make 

an equitable readjustment of all pay schedules. 

( i) No en1ployer shall use any subterfuge to frustrate the spirit 

and intent of this Code which is, among other things, to cooperate 

with the President in increasing employment by a universal covena?~' removing obstructions to commerce, shortening hours, and 

raiSing wages. 

( j) No employer shall deduct from the wages of employees, carfares, insurance premiums, or any other expenses incidental to his 

employment. 

5. Area Agreement for Hours and W ages.-Minimum rates of 

wages and maximum hours of l~bor may be established nationally 

or for a region or locality by mutual agreements reached through 

bona fide collective bargaining between truly representative national, 

regional, or local groups of employers and employees. 

In no event shall such minimum rates of wages be less than those 

established in Section 3 hereof, nor in any event shall such maximum 

hours of labor be more than those established in Section 4 hereof, 

excepting such minimum rates of wages and such maximum hours 

of labor as are established for specific project by competent governmental authority acting in accordance with the law. 
5 

6. Trade Practices.-On and after th effecti ve dat of thi ode, 

Ext rminators, Fumigator , and Disinf ctor shall abid by th following tandard of pra ti es in s lling xterminating fumigating, 

and di infecting rvi . F1·ee or Preli1n.inary ve1·vice.-(a) No Exterminator, Fumigator, or Di inf ctor hall off r or give free s rvice. The term " F ree Serv- i ' a n ed in this paragrar h means the rendering of any exterm.inatino-, fumigating, or di infecting service for anyone, either as an 

inducem nt to obtain a contract or to pre-date a contract for service 

to e perform d, nor shall free ervice be rendered as an accommodation. 

No Sales B elow 0 ost.-(b) No Exterminator, Fumigator, or Disin£ ctor hall sell or offer for sale, any service below the r a onable co t of rendering such service of a minimum standard. (c) The reasonable cost as used herein is defined to include the cur- . rent market cost of raw materials and supplies, fair wages for employees as provided in this Code, and a reasonable standard of allowance for each branch of the industry for the following: power, light, 

heat, water, and other miscellaneous operating expenses; repair and 

maintenance of buildings and equipment; executive, supervisory, 

engineering, experimental and development, sales and office salaries 

an l expenses; advertising and promotional expense; distribution 

and delivery expen e; rent; professional and collection expenses; 

bad debt los es, adequate depreciation and obsolecence of all buildings and equipment at prevailing standards; and incidental to the 

co t of rendering exterminating, fumigating, and disinfecting service. 

Ethics.-(d) No Exterminator, Fumigator, or Disinfector shall 

utter false or disparaging statements about his competitor or his 

business or shall unfairly interfere with his busines,s either by espionage upon him or the unfair enticing of his employees. 

(e) No Exterminator, Fumigator, or Disinfector shall be a party 

to inducing a breach of contract if such contract has been complied 

with and all provisions lived up to. 

(f) No Exterminator, Fumigator, or Disinfector shall give any 

gift .or gratuity to any buyer or his agent, repre.sentative or employee, nor hall he give any allowance or discount for advertising jn any 

newspaper or publication on behalf of any buyer to be used in the 

promotion of the sale of service to the consumer. Nothing herein 

contained shall prevent the employer fr.om advertising his own service in legitimate publications or by means of cuts, window card , circulars, or other similar articles. 

(g) No Exterminator, Fumigator, or Disinfector shall make or 

u e any false or misleading advertisement of any kind or through 

any medium deceive the public. 

(h) No Exterminator, Fumigator2 or Disinfector shall perform 

an.r exterminating, fumigating, or d1sin.fecting service in any City, 

Village, or Town governed by any laws, ordinances, or rules and 

regulations o.f a Board of Health or Sanitary Board requiring l.icen es for exterminator, fumigator, or disinfector unless such exterminator.; fumigator, or disinfector is duly licen,sed. 

7. tanrJiard Prices.-(a) Each E xterminator, Fumigator, and 

Di infector shall sell his service on the basis of a " minimum price ' 

( 1) which shall be uniform to all buyers of the same service 

located in the same competitive market (2) and which hall be 

trictl} adhered to while urh price are effective. 
6 

(b) The term " Minimum Prices " as u,sed in this article, means 

a price list (1) which is published or available £or the equal information o£ all trade buyers alike located in the same competitive market and (2) which states all the sellers prevailing terms o£ sale. 

(c) This minimum price prohibits any price concession through 

a rebate or allowance or commi sion or refund or payment or deal 

or by any other means whatsoever. 

(e) No Exterminator, Fumigator, or Disin£ector shall quote a 

a quantity price. 

(e) No Exterminator, Fumigator, or Disin£ector shall quote a 

£al e price which is intended to mislead or deceive the purchaser 

and through it unfairly injure a competitor. 

(£) No· Exterminator~ Fumigator, or Disin£ector shall issue any 

bill or invoice which shall not contain the true and exact terms 

o£ sale and service involved. 

(g) No Exterminator, Fumigator, or Disin£ector shall be a party · 

to the unfair practice commonly known throughout the industry 

as " Bid Peddling." 

8. Price List.-(a) There shall be submitted a a rider to this 

Code, a minimum price list to govern some branche of the exterminating, fumigating, and disinfecting service inasmuch as the practice 

o£ selling service below the actual cost o£ production, has been 

the major cause of low wages and general loss to the entire disinfecting, exterminating and fumi~a.ting service industry. 

(b) The price of serv.ice in the price list is based upon the reasonable co t as defined in Section 6, Paragraph C, plus an added profit 

of not le s than 15%. Other prices not covered in the list sha.Il be 

based upon the same formula. 

9. Adrnrinistration.-( a) Inasmuch as there is no As ociation of 

National character truly representative o£ the best interests in the 

Exterminating, Fumigating, and Disinfecting indu try and expre · -

ing a national opinion regarding practices o£ this industry, the· 

'Administrator shall appoint a Code Committee o£ ix members 

drafted from the representative " persons " within the industry and 

three nonvoting members not within the indu try. 

(b) This committee shall have authority to establish uch ubcommittees and state, regional, or local committees, subcommittees 

or agencies with such delegated powers, as it may deem nece ary, 

and this committee may at any time and £rom tin1e to time require of 

any employer, trade association, or professional body in the Exterminating, Fumigating, and Disinfecting Service Industry any information relating to wages o£ employees hours o£ labor, or other 

conditions o£ or in the Exterminating, Fumigating, & Disinfecting 

Service Indu try pertaining to the provision or the operation of 

this Code, and may, and at the request o£ the Admini trator hall 

£rom time to time present to him such information or rer orts a he 

may require; and this committee may, and at the reque t o£ the 

Administrator shall, present to him such recom1nendation as to conditions in the Exterminating, Fumigating, and Disinfecting Service 

Industry as they may develop, as he may specify togeth r with u h 

other recommendations as in the opinion o£ the committee may tend 

to effectuate the operation of the provisions o£ thi Code or any 

supplemental code propo ed or made a part o£ thi Code or the 

policy of the National Industrial Re overy Act. 
7 

10 . .Ad1nini t1·ativ xp nse.-All employer and per on a defined in this ode hall b ar their equitable shar f the expen e 

incident to the admini tration of thi Code of Fair Comp tition 

under uch rule and regulations as may be approved by the President 

under Section 10 (a) of Title 1 of th National In lu. trial 

Recovery Act. 

11. General Provisions.-(a) No provi ion of this Code shall be 

interpreted, applied, or practiced in such manner as to promote or 

permit monopoly or monopolistic practices, or to eliminate or oppre s mall ent rpri es, or to di criminate again t them. 

(b) The Yiolation of any of the provision · of thi · Code or of any 

rul or regulation issued ther under approved by the Pre:ident of 

the United tate shall be deemed to be unfajr method of comp tition. 

(c) None of the } rovisions of thi Code shall become eff cti v or 

practiced by anyone in the Industry until the Code is approved by 

the President of the United States. 

(d) If an3 provisions of the Code be declared invalid or unenforceable, the remaining provisions hall nevertheless continue in 

full force and effect, the an1e as if they had been separately presented for approval and approved by the President of the United 

States. 

(e) This Code shall be in effect beginning ten ( 10) day after its 

approval by the President of the United States and shall remain 

in effect unless and until modified or re-voked, and until the expiration of the National Industrial Recovery Act. 

12 . .A 1nendments.-(a) This Code and all the provisions thereof 

are expressly .made subject to the power of the President, in accordance with the provision of Clause 10 (b) of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, 

appro-val, license, rule, or regulation issued under Title 1 of said 

Act and specifically to the power of the President to cancel or 

modify his approval of this Code or any conditions imposed by him 

upon his appro-val hereof. 

(b) Such o-f the pro-visions of this Code as are not required to be 

included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated, as changes 

in circumstances or experiences may indicate, by method to be 

prescribed by the Code Committee of the Exterminating, Fumigating & Disinfecting Industry. It is contemplated that from time to 

time supplementary pro-visions to this Code or additional Codes 

will be submitted for the approval of the President to prevent unfair 

competition in price and other unfair and destructive competitive 

practices and to effectuate the other purpose and policies of Title 1 

of the National Industrial Recovery Act consistent with the provisions hereof. 

Respectifully submitted. 

THE DisiNFECTING AND ExTERMINATING CoRPORATION 

THE SAMETH ExTERMINATING CoMPANY, INc., 

0 


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UN IVERSITY OF FLOR IDA 

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