Approved Code No. :ns Reg-istry No. 1328-04 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

F.OR H~ 

COUNTER TYPE ICE-CREAM 

FREEZER INDUSTRY 

AS APPROVED ON MAY 5, 1934 

WE DO OUR ?ART 

I • 

, ..... , ,- ----

U.S. OEPOS\TO~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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

This publi cation is for Rale by the Superintendent of Document·, Government 

Printing Office, Washington, D. "., ancl by district office of the Bureau of 

Foreign and Dom stic mmerc . 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Bo~ton, Ma . : 1 01 Customhouse. Buffalo, N.Y.: hamb r of Commer e Building. 

Charl ton, S .. : liambe1· of Commer e Buildincr. 

Chica 0 ·0, Ill.: uite 1706, :201 orth W 11 Street. 

Cleveland, Ohio: bamber f Commerce. 

Dallas, T x. : hambe · of 'ommerce Building. 

Detroit, Mich.: 01 First National Bank Building. 

H ou. ton, Tex. : hamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerc Building. 

Ja k. onYille, Fla.: hamber of Commerce Building. 

Kan a City, 1\10. : 102 Baltimore Avenu . Lo Angele , Calif. : 1163 South Broadway. 

Loui ville, Ky.: 40 Federal Building. 

M mphis, Tenn.: 229 Federal Building. 

Minneapoli , l\1inn.: 213 Federal Buildin<Y. 

ew Orlean , La. : Room 225-A, Customh u e. 1 w York, N.Y.: 734 Cu tomhou e. 

orfolk, Ya. : 406 Ea t Plume treet. 

Phila lelphia, Pa. : 422 Commercial Tru t Building. 

Pittf;bur ·h, Pa. : hamber of ommerce uildiug. 

Portland, Or er. : 215 w Po t Offi e Building. 

St. Loui l\Io.: 506 Oli_ve tr t. 

San Franci ·<: , alif. : 310 u tomhou . 

eattle, Wa h.: 9 F ederal Office Building. 
.. Approved Code No. 418 

CODE OF FAIR COMPETITION 

FOR TH1'} 

COUNTER TYPE ICE-CREAM FREEZER INDUSTRY 

As Approved on May 5, 1934 

ORDER 

APPROVING CooE OF FAIR COMPETITION FOR THE CouNTER TYPE IcECREAM FREEZER 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, for approval of a Code of Fair 

Competition for the Counter Type I ce-Cream Freezer 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. 

HuoH S. JOHNSON, 

Adminutrator for Industrial Recovery. 

Approval recommended : 

A. R. GLANCY, 

Division Adminutrator. 

w ASHINGTON, D.C., 

May 5, 1934. 

57211°-544-36--34 (13) 

• 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The W liite H oiiJSe. 

Srn: This i a report on the Code of Fair Competition for the 

Counter Type Ice-Cream Freezer Industry, as revised after a public 

hearing conducted in Washington, D.C. on February 20 1934, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

LABOR PROVISIONS 

This Code provides for a maximum work week of 40 hour exceJ?t 

for employee on emergency maintenance and emergency repair 

work, and with certain other exceptions. During period of peak 

demand, employee may be permitted to work 4 hour per week 

in any six weeks in any six months' period. Office employee may 

be permitted to work 48 hours per week, provided that the average 

time worked by such employees, over any period of four week shall 

not exceed 40 hour per week. The limitations in working hours 

shall not apply to persons cngao-ed in executive or upervi ory work 

who receive $35.00 per week or more, or to out ide salesmen. "\Vatchmen shall be permitted to work not in exces of 56 hour p r w ek. 

This Code tablishes a minimum rate of pay of forty cen per 

hour, with certain exceptions, regardles of whether the compen ation is based on a time rate, piece-rate), or other ba is. Th minimum rat for offi worker shall be 4'15.00 per week in iti of 

over 500,000 population, with lesser rate in mall r citi th lowest being $14.00 per w ek. Office boys and o-irl and 1 arn r hall 

be paid not le than 80 per cent of the minimum wage coYerino- the 

·la s of work in which they are employe l, and hancli appecl 1 r ons 

ma be employe l on lio-ht work at a wag b 1 w the minimum with 

the sanction of the ap1 ropriate tat auth riti · but th numl er of 

uch employ is limited. Pr Yi i n i ma l for an 1uitnbl a -

ju tm nt of wa above th minimum. Th rate f r h ur w rk d 

over im hall be one and one-half time the normal ra e. Femal 

empl y performing ub. tantiall. th ~<lm w rk a mal mploye hall r c iv th amP rat f I ay. 

EFFE T F THE DE 
15 

in the application show an increase from 1,000 employees in 1929 

to 9,000 employees in 1933, while the Research and Planning analysis 

indicate· a maximum employment for any period of not more than 

200 employees. 

The data furnish 0 d to the Division of Research and Planning, 

based on questionnaire returns from the Industry, are insufficient to 

indicate the reemployment which might be effected if the present 

volume of business were continued. Based on the percentages of 

the number of ·wage earners receiving less than the minimum wage 

provided in the Code, the adoption of the proposed minimum will 

cause an increase in the payrolls of this Indu try. 

FINDI·NGS 

The Af:sistant 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 o:f 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 f or 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 normalJy 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 resl?ects with the pertinent provisions of said Title of said Act, incluchng without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (h) of Section 10 thereof; and that the applicant association is an industrial 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 have 

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

Code. 

For these reasons, this Code has been approved by me. 

Respectfully, 

MAY 5, 1934. 

HUGH S. JOHNSON' 

Ad!ministrator. 
CODE OF FAIR COMPETITION FOR THE COUNTER TYPE 

ICE-CREAM FREEZER INDUSTRY 

ARTIOLE I-PURPOSES 

To effectuate the polici s of Title I of the National Indu trial 

Recovery Act, the following provisions are e tablished a a Code 

of Fair Competition for the Counter Type Ice-Cream Freezer In- du try, and shall be the standard of fair competition for this 

Industry and shall be binding upon every m n ber thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " Counter Type le - ream Freez r Indus- try" or "Inclu try " a u ed herein include the manufacture for 

sale, the a embly for sale, and/ or in tallation (by the manufa - turer or a embler) of all type of Counter Ice-Cream Fre z rs 

and/or Comm rcial Freezer of five (5) gallon or le capacity 

or component parts thereof. . SECTION 2. The term "Member of the Indu try " or the t rm 

"employer " as u eel h rein inclu le , but without limitation, any 

individual, partnership, a ociation corporaton or oth r form of 

enterprise engao·ed in the Indu try, either a an mploy r or on 

his or its own behalf. 

E TION 3. The term 'employ e" a u eel h rein incln 1 any and 

all persons engao·ed in the Industry, however comp n at 1. x pt 

a 1ember of the Indu try. E TIO 4. The term ' A ocia tion ' as u e l herein i l fined to 

m an the ational A iation of ounter Fr ezer fannfa tur r . 

SECTION 5. The t rm "Pr sid nt ", "A t' and ' ln ini trator ', 

a u ed herein hall mean r ·pectiYely th Pre ident f th nit d 

S ates. Title I of the ational Indu trial Recovery t an th 

Admini trator for Indu trial Re ov ry. 

ECTION 6. "P pulation" for th puq of thi ·hall b 

d t rmined by r f r n to the lat t F 1 ral 

RTI LE III- H 

ECTI N 1. 

Ill-

(16) 
17 

in any twenty-four (24) hour period, or in excess of forty ( 40) hours 

in · any seven (7) day period. 

(b) The maximum hours fixed herein shall not apply to employees 

in case of necessity ari.sing from an unusual and temporary burden 

for production or installation as the result of seasonal or peak 

demands, in which special cases such number of hours may be 

worked as are required by the necessities of the situation but not 

to exceed forty-eight (48) hours per week in any six (6) weeks in 

any calendar six ( 6) months' period; provided, however, that em- ployees engaged in such work shall be paid at the rate of ·at least 

one and one-half (11⁄2) times the normal rate for hours worked in 

excess o:f eight (8) hours in any twenty-four (24) hour period or 

in excess of forty ( 40) hours in any seven (7) day period. 

( c) Persons employed in clerical or office work shall be permitted 

to work not in exce s of forty-eight ( 48) hours per week or nine 

(9) hours in any twenty-four (24) hours, provided that the average 

time worked by such employees, over any period of four (4) weeks, 

shall not exceed forty ( 40) hours per week. A normal work day 

shall not exceed eight ( 8) hours. 

( d) The maximum hours fixed herein shall not apply to employees 

engaged in executive or supervisory work, who receive thirty-five 

($35.00) dollars or more per week, or to outside salesmen. 

( e) The maximum hours fixed herein shall not apply to employees 

engaged as watchmen who shall be permitted to work not to exceed 

fifty-six ( 56) hours in any one week except to protect life or property in cases of emergency. In such cases at least one and one-half 

(11⁄2) times the normal rate of wage shall be paid for hours worked 

in excess of fifty-six (56) hours per week. Watchmen shall be 

permitted to work not in excess of six (6) days in any seven (7) 

day period. 

SECTION 2. o employer shall knowingly permit any employee 

to work for any time which, when totaled with that already performed for another employer or employers, in this or any other Industry, exceed the maximum permitted herein. 

SECTION 3. All over-time arising from emergency work or from 

seasonal or peak demands shall be reported to the Code Authority. 

ARTICLE IV-WAGES 

SECTION 1. No employee shall be paid at less than the rate of 

forty ( 40) cents per hour, except that: 

(a ) Learners, for a service period of not to exceed ninety (90) 

days, which shall be served not more than once in the lifetime of 

each learner, shall be paid not less than eighty (80) percent of the 

minimum wage herein established; provided, however, that the 

total number of such learners shall not exceed five (5) percent of the 

total number of employees employed by any Member of the Industry 

in any calendar month. 

(b) Accounting, clerical or office employees shall be paid not less 

than fifteen dollars ($15.00) per week in any city of over five hundred thousand (500,000) population, or in the immediate trade area 

of such city; nor less than fourteen and one-half dollars ($14.50) 

in any city of between two hundred and fifty thousand (250,000) 

and five hundred thousand (500,000) population, or in the immedi-
18 

at e trade area o:f such city; nor less than fourteen dollars ($14.00) 

per week in any other place. 

(c) Office boys and office girls shall be paid not 1 ss than eighty 

(80) percent of the above provided minimull). wage for accounting, 

clerical, and office employees, provided that the total number of such 

office boys and office girls receiving less than such minimum wage 

shall not exceed in any calendar month five ( 5) percent of the total 

number of office employees of the employer, except that any employer may employ at least one (1) such person as above provided. 

( d) A person who e earning capacity is limited because of age, 

physical, or mental handicap or other infirmity, may be emplo;yed on 

light work at a wage below the minimum establishe l by this Code 

if the employer obtains from the State Authority de ignat d by the 

United States Department of Labor, a certificate authorizing such 

person's employment at such wages and for such hour as hall be 

stated in the certificate. Such Authority shall be guided by the 

in tructions of the United States Department of Labor in i suing 

certificates to such persons. Provided, however, that the total number of such employees shall at no time exceed five ( 5) per cent of 

the total number of employees in the employ of any one Member of 

the Industry, but each Member of the Industry shall be allowed to 

employ at least one (1) such employee. Each employer shall file 

monthly with the Code Authority a list 0£ all such per on mployed 

by him, showing the wages paid to, and the maxirp.um hour of work 

of such employees. 

ECTION 2. This Article establishes a minimum rate of pa which 

shall apply, irrespective of whether an employee is actually compensated on a time rate, piece-work or other basis. 

SECTION 3. Female employees performing sub tantially the ame 

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

employees. 

SECTION 4. Employers shall pay all wages in lawful currenc r by 

negotiable check therefor, payable on demand. W a hall be paid 

at lea t s mi-monthly and salaries at least month! . \Vao-e . hall be 

ex mpt from any payments for pen ions, in uran e or ick n fits 

other than those voluntarily paid by tJ1e emplo e or r quir du law. 

The employer shall not accept, dir ctly or in lire tl ', any r bat n 

wao-e or give anything of alue or xtend any fav rt an mr l y 

dire tly or indir ctl. for th purpo e of influen"ing the rat of 

wag hour , or working conclit10ns of any empl y . 

E TIO 5. An equitable adju tm nt of all wao· ab v th minimum rate herein pr rib d shall b ma l b) all 1111 I r wh 

h~v . no~ h retofor mad such adju tm nt · and all mploy r ~ha ll 

w1th1n 1 · y ( 60) lay aft r th appro al f thi 1 u mit t h 

cl uthori for tran mittal to th lmini r, t r , r 1 rt in 

full one rnin uch a ju tm nts h th r mad r ub -

1u nt uch a1 pro al pr vicl cl h w v r tha h • .11 

hourly or pi work rat of I a b r lu d. 

TI LE - L 'EIL\L LAn R P 

E ;TI 1. 

th Inclu try. 
19 

operations or occupations which ~e hazardous _in nature or ~a!lgerous to health. The Code Authority shall submit to the Administrator, within sixty days after approval of this Code, 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 valid 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. In compliance with Section 7 (a) of the Act it is· 

provided: 

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

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers o:f 

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) That 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) That employers shall comply with the maximum 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 of 

occupations performed or engage in any other subterfuge for the 

purpose of defeating the purposes or provisions of the Act or of 

this Code. 

SEOTION 4. Every employer shall make reasonable provisions for 

the safety and health of his employees at the place and' during 

the hours of their employment. Standards for safety and health 

shall be submitted by the Code Authority to the Administrator 

within sixty (60) days after the effective date of this Code. 

SECTION 5. No provision in this Code shall supersede any State 

or Federal law which imposes on employers more stringent requirements as to age of employees, wages, hours of work, or as to 

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

or fire protection, than are imposed by this Code. 

SECTION 6. All employers shall post and keep posted copies of this 

Code in conspicuous places easily accessible to employees. Every 

member of the industry shall comply with all rules and regulations 

relative to the posting of provisions of Codes of Fair Competition 

which may from time to time be prescribed by the Administrator. 

ARTICLE VI-ADl\IINISTRATION 

SECTION 1. Organization and O onstit'lf,tion.-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 Members of the 

Industry, to be selected as follows: 

Three (3) members of the Code Authority shall be elected by 

majority vote of the members of the Association, and two (2) members of the Code Authority shall be elected by majority vote of non-
20 

members of the Association from among non-members of the Associa- tion, if any, eligible to such representation as provided in Section 7 

of this Article. :Members of the Code Authority shall be elected to 

serve for a term of one (1) year or until their successors are elected 

at the next annual meeting of the Industry. In case, however, the 

non-members of the Association fail to elect either or both of the 

members of the Code Authority allotted to them, the Code Authority 

.shall, nevertheless, be authorized to function as such; provided, further, that the said Code Authority shall not consist of less than 

three (3) members or more than five ( 5). 

SECTION 3. The Association is hereby designated as the agency to 

conduct the first election of the In lu try members of the Code 

Authority, such election to be held within twenty (20) days after 

the effective date of this Code. Thereafter, the elections of members 

of the Code Authority shall be conducted by the Code uthority. 

In the event of any vacancy in the memb rship of the Code uthority, a pecial meeting of the Members of the Indu try for an election to fill the vacancy for the incomplete term of such membei 

shall be called. N oti e of the time and place of each election hall 

be sent by registered mail to all Members of the Indu tr at lea t ten 

(10) days in advance of such election, and voting ther at may be ir. 

person, or by proxy or letter ballot. Each Member of the Indu try 

shall have one (1) vote. 

SECTION 4. In addition to member~hip on the ode uthority as 

aboYe provided, ther~ may be not more than three (3) memb rs, 

"TT"ithout vote, to be known as administration members, to be appointed by the Administrator to serYe for such term as he may 

specify;. Such representatives, together with the Admini trator hall 

be giYen notice of, and may sit at, all meeting of the ode 

Authority. 

SECTION 5. Each trade or industrial association directly or indirectly participating in the selection or activitie of the d u hority shall (1) impose no inequitable r strictions on member~hiI and 

(2) ubmit to the Admini trator true copies of it arti le f a ociation, by-laws, regulations, and any amen lment wh n made th r -

to, too·ether with such other information a to member hip oro-anization, and activities as the Administrator may d m ne c ar o 

effe tuate the purpo es of the Act. 

SE TION 6. In order that the o l uthority hall a all tim b 

truly repr ntati, e of the in ln try an in th r re p t mpl,, 

with the provi ions of the ct the mini tra t r ma r ri u h 

hearino- as he may d m 1 r p r · and th reaft r if h hall fin that 

th ode uthority is not trul r r cntati Y r ll c n in th r 

r pe t comply with th prm i i n f th ~ t ma r uir 

appr priat 1no lifi ation in th m th d of 1 tion of th 

uth ri . E TI 7. (a) It b in CY f nn 1 n 

a lmini tration f thi 

mp titi n tabli h d b 

th t th uth ri 

f th dmini tr t r : 

(1) T in ur ·u h r a nabl 

I r p r f r th f r 
21 

of funds which may be raised as hereinafter provided and '"hich shall 

be held in trust for the purposes of the Code ; 

(2) To submit to the Administrator for his approval, ubject to 

such notice and opportunity to be heard a he may leem necessary, 

(a) an itemized budget of its estimated expenses for the foregoing 

purposes, and (b) an equitable basis upon which the fu11d nece. ary 

to support such budget shall be contributed by member of the 

Industry; 

(3) After such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable contribution as above set forth by all such Members of the Industry, 

and to that end, if necessary, to institute legal proceeding therefor 

in its own name. 

(b) Only Members of the Industry complying with the Code and 

contributing to the expenses of its administration as provided in 

paragraph (a) hereof shall be entitled to participate in the sPle tion 

of the members of the Code Authority or to receive the benefit of its 

voluntary activities or to make use of any emblem or insignia of the 

National Recovery Administration. 

SECTION 8. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor shall 

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

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

Code Authority. Nor shall any n1ember of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any action or omission to act .under 

this Code, except for his own wilful misfeasance or non-feasance. 

SECTION 9. The Code Authority shall have the following further 

powers and duties: 

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

provide for the compliance of the In lustry with the provisions 0£ 

the Act. 

(b) To adopt by-laws and rules and regulations for its own procedure and for the administration and enforcement of the Code. 

( c) To obtain from Members of the Industry such information 

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

addition to information required to be submitted to the Code 

Authority, members of the i11dustry subject to this Code shall furnish such statistical infonnation as the administrator n1ay deem 

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

such Federal and State agencies as he may designate; provided that 

nothing in this Code shall relieve any Member of the Industry of 

any existing obligations to furnish reports to any government 

agency. No individual reports shall be disclosed to any other ~1ember of the Industry or any other party except to such governmental 

agencies as may be directed by the Administrator. 

( d) To use snch trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such 

trade Associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 
22 

( e) To make recommendations to the Administrator for the 

coordination of the administration of this Code with such other 

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

(f) To secure from Members of the Industry an equitable and 

proportionate payment of the reasonable expenses of maintaining 

the Code Authority and its activities. 

(g) To cooperate with the Administrator in regulating the u e 

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

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

(h) To re 01nmend to the Administrator further fair trade practice provisions to govern Members of the Industry in their relations 

with each other or with other indu tries and to r commend to the 

Admini trator measures for industrial planning, including stabilization of employment. 

(i) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes as 

may be related to the Industry for the purpose of formulating 

fair trade practices to govern the relation hips between production 

and distribution employers under this Code and under such thers 

to the end that such fair trade practices may be propo ed to the 

Administrator as amendments to this Code and such oth r od,es. SECTION 10. If the Administrator shall determine that any action 

of the 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 of the merits of such action and further con ideration 

by the Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unle s he shall 

fail to disapprove after thirty days' notices to him of intention to 

proceed with such action in its original or modified form. 

ARTICLE VII-TRADE PRACTICE RULES 
23 

nance of the provisions of this Code, the Code Authority may cause 

to be determined the lowest reasonable co t of the products of this 

Industry, such determination to be subject to such notice ·and hearing 

as the Administrator may require. The Administrator may approve, 

disapprove, or modify the determination. 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 determined 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 Code Authority, upon its own initiative or upon the request of any interested 

party, shall cause the determination to be reviewed. 

( c) Notwithstanding the provisions of Rule 1 above, obsolete patterns, discontinued models, repossessed or surplus stock may be sold 

at such prices as are necessary to effect a sale, subject, however, to 

rules established or modified from time to time by the Code Authority. All such sales must be reported in advance, if possible, to the 

Code Authority. Any sale made under the provisions of this paragraph for the purpose of evading Rule 1 of this Article is an unfair 

method of competition. 

RULE 2. Misrepresentation.-The intentional misrepresentation 

or the making, or causing, or permitting to be made or published, of. 

any false, misleading, or deceptive statements by way of advertising, invoice, or otherwise, concerning the size, quantity, quality, 

or character, or nature of, any product of the Industry, bought or 

sold. 

RULE 3. False Billing.-Withholding from or inserting in any 

invoice words or figures which make or tend to make such invoice a: 

false record, wholly or in part, of the transaction represented on the 

face thereof; and the secret payment or allowance of rebates, refunds, 

credits or unearned discounts, whether in the form of money or 

otherwise. 

RULE 4. Misleading Statements.-The making of, or causing or 

permitting to be made, any false or deceptive statements, either written or oral, concerning installations or sales previously made, or the 

claiming by any Member of the Industry that equipment actually 

supplied and installed by others was supplied and installed by him, 

or the making of any misleading or deceptive statements in regard 

thereto. 

RULE 5. lmdtation of Trade M arks.-Imitating or simulating the 

trade mark, trade name, package, wrapper, slogan, label, or other 

marks of identification of a competitor or his product to such a degree as to have the tendency and capacity to mislead or deceive purchasers or prospective purchasers. · 

RULE 6. Inducing Breach of Oontracts.-Inclucing or attempting: 

to induce by any means or device whatsoever a breach of contract 

between a customer and a competitor during the term of such a, 

contract. 

RULE 7. Securing Information from. Oompetitors.-Securing information from competitors concerning their business by false or 

misleading statements or representations, or by false impersonation 
24 

of one in authority, and the wrongful use thereof unduly to hinder or 

stifle the bu~iness or competition of such competitors. 

RuLE 8. Oon.signrnent of Unordered Eqwiprnent.-The consigning 

of unordered counter type freezer equipment, accessories or parts to 

any persoR, firm, corporation or other form of enterprize, and the 

forwarding of such products when not actually sold on a bona fide 

purchase contract or leased on a bona fide lease or rental agreement. 

RULE 9. T erms of Sale.-Terms of sale shall be definite and hall 

be plainly set out in the purchase contract, and no Member of the 

Industry hall olicit for, or accept purcha e contra t without a 

minimum fixed down payment, and, in the case of deferred payment 

plan, without a minimum fixed monthly payment. 

RuLE 10. 001nm,ercial Bribery.-No :Member of the Industry shall 

give, permit to be given, or directly offer to o-ive, anything of value 

for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in r elation to the business 

of the employer of such employee, the principal of such acrent or the 

represented party, without the knowledge of such employer, principal or party. Commercial bribery provi ions hall not be constru d 

to prohibit free and general di tribution of articles commonly used 

for advertising except so far as such articles are actually used for 

commercial bribery as hereinabove d fined. 

RuLE 11. R ebates.-N o Member of the Industry or it agent shall 

secretly off er or make any payment or allowance of a rebate, refund, 

commission, credit, unearned discount, or excess allowance whether 

in the form of money or otherwise, for the purpose of influencing a 

sale, nor shall a member secretly extend to any customer any special 

service or privilege not extended to all customers of the ame class. 

RULE 12. Combined Quotation.s.-No member of the Industry shall 

combine any quotation for any product of this Indu try with any 

quotation for any other material, product, labor, or senrice, for 

the purpose and with the intent of concealing the true ellin cr price 

of the products of thjs Industry. 

ARTI LE VIII- MoorFICATIO 

SECTION 1. This Co 1 and all the provi i ns tl reof are expr 1 

ma le subject to the right of the Pre ident, in accordanc with th 

pro isions of subsection (b) of Section 10 of th a i nal In lu trial 

R overy ct, from time to time to ancel or modif an or l r a I - pro al, license, rule, or r gulation i ue l under Titl I f th aid 

t and sp cifically, but with ut limitati n, to th righ of th Pr id nt to cancel or modify his approval of thi od r an onditi n 

impo ed by him upon his appro al h reof. 

E TIO 2. This Code, x pt as to pro i ion r quir d b th 

ma be modi.fl d on the ba is of :xp ri n r han in ir umstan es, su h modificati n to be ba cd upon appli ati n t th 1mini trator an l u h noti e an h aring a h hall p if. , and t, 

b me ff ti on a1 pr val of the dmini rat r. \..11 ' u h a1 plica ion may be mad by the Code uthority. 
25 

ARTICLE IX-NOTIFICATION 

Any notice, demand, or request required or permitted to be given 

to or made upon any member of the Industry shall be ufficiently 

given or made if mailed, postage pr paid, addressed to such member 

at his or its address on file with the Code Authority. A waiver in 

writing, signed by any ·Member of the Industry of any uch notice, 

demand, or request delivered to the Code Authority, shall be deemed 

to be the equiYalent of a notice, demand, or reque t duly given or 

made. 

ARTICLE X-J URISDICTION 

If any employer of labor in this Industry is also an employer in 

any other industry, the provisions of this Code shall apply to and 

affect only that part of his business which is a part of the Counte:i; 

Type Ice-Cream Freezer Industry. 

ARTICLE XI-EXPORT TRADE 

No provisions of this Code relating to prices or terms of ·elling, 

shipping, or marketing, shall apply to export trade or sales or shipments for export trade. 

ARTICLE XII-:MoNOPOLIEs 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XIII-PRICE INCREASES 

Whereas, the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if the prices of goods 

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

increases except such as may be required to meet indivi lual cost 

should be delayed, but, when made, such increases should, o far as 

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

ARTICLE XIV-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 418. 

Registryi No. 132S-04. 

0 
UNIVER S ITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIII IIIIII II IIII IIIII Ill llll lllll I I 

3 1262 08853 8268