Approved Code No. 275-Supplement No. 2 Registry No. 699-20 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

CARBON DIOXIDE INDUSTRY 

(A Division of the Chemical Manufacturing Industry) 

AS APPROVED ON MAY 4, 1934 

WE 00 OUR P.ur 

' • 

UNITED ST ATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 275-Supplement No. 2 

SUPPLEl\'lENTARY CODE OF FAIR COMPETITION 

FOR THE 

CARBON DIOXIDE INDUSTRY 

As Approved on May 4, 1934 

ORDER 

SuPPLE~IENTARY CoDE OF FAIR COMPETITION FOR THE CAnBON 

DIOXIDE INDUSTTIY 

A DIYISION OF THE CHEMICAL l\IANUFACTURING INDUSTRY 

An application having been duly made pur uant 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 Supplemental Code of Fair Competition for the Carbon Dioxide Industry 

to the Code of Fair Competition for the Chemical Manufacturing 

Indu try, and hearings having been duly held thereon and ~he ~nnexed report on said Supplemental Code, containing findings with 

respect thereto, having been made and directed to the Pre iclent: 

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 Jo. 6543-A, dated December 30, 

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

report and do find that said Supplemental 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 

Supplemental Code of Fair Competition be and it is hereby approved; provi led, ho-wever, that the provision of Article IV, Section 

4, Contractual Relationship with Jobbers and/ or Di tributors, shall 

remain in force only for a perjod beginning with the effective date 

of this Code and ending on the last day of the sixth calendar month 

thereafter unless such period shall be, extended by the Administrator; and provided further that the provisions of Article IV, Section 

2, 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, 

Adm.inistrator for Industrial Recovery. 

Approval recommended : 

GEORGE L. BERRY, 

Division Adm,inisfrator. 

w ASHINGTON, D.C. 

May 4, 1934. 

56967°-544-30-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. Sm: This is a report on the Supplemental Code of Fair Competi- tion for the Carbon Dioxide Industry, a division of the Chemical 

Manufacturing Indu try, the hearing having been conducted thereon 

in Washington, D.C., February 21, 1934, in accordance with the 

provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Carbon Dioxide Industry as represented by The Carbon Dioxide Institute, being truly representative of this Division of the 

Chemical Manufacturing Industry, has elected to avail its If of the 

option of submitting a Supplemental Code of Fair Competition as 

provided for in Articles XI and XII of the Ba ic Cod for the 

Chemical Manufacturing Industry approved by you on the tenth day 

of February, 1934. 

RESUME OF THE CODE 

LABOR PROVISIONS 

Article I states 

"All provi ions of the Code of Fair Competition for the Chemical 

Manufacturing Industry, as approved by the President on February 

10, 1934, are hereby incorporated by reference as thouo-h c mpletely 

et forth herein." 

Inasmuch a the Ba ic Code for the h mical Manufa turing 

Indu try of which the Carbon Di xid Indu tr i a di i i n on- tain the labor provi ions and a on of th prin ipal bj 

havino- a ba ic od for th Chemi al Manufa turino- Indu r 

o furni h a ma ter od for the ntir Indu tr whi h o r d wa 

and hour for all ch mical pr du ts produ ed ·by h am 

the lab r rovi ion sp cifiE d in th Ba i ode for th h mi al 

Manuf cturin Indu try are tho applyinO' to th Di i · on of th 

arb n Dioxi l Indu try. 

(2) 
3 

Article III establishes a Code Authority consisting of the Executive Committee of The Carbon Dioxide Institute and one member 

of the Industry elected from those members of the Industry who 

are not members of The Institute or appointed by the Administrator 

if they fail to elect not more than three members to represent the 

Ad1~1inistrator who, however, shall have no vote. . 

Article IV provides the trade practice provisions which shall 

apply to the Carbon Dioxide Industry. These provisions have been 

gi vcn a great deal of consideration in order that the Industry's requirements for eliminating destructive price competition may be 

adequately met without conflicting with the policies of the various 

advisory boards of the Administration. 

In this connection, Section 41 Contractural Relationship with Jobbers and/ or Distributors, reqmres that every member of the Industry shall enter into a written agreement with his jobbers and/ or 

distributors as previously defined, whereby such Jobbers and / or 

distributors agree to file price schedules in accordance with Sections 1 and 2 of Article IV, and to abide by certain other fair trade 

practice provisions and it requires that each member of the Industry 

file a copy of each agreement which he makes with a jobber and/or 

distributor with the Code Authority. 

This provision is regarded as essential by the Industry but in view 

of the reports of the Consumers' Advisory Board and of the Division 

of Research and Planning, pointing out the possible detriment to the 

consumer in the application of this provision, the order approving 

this Supplementary Code contains the following proviso : 

"* * * provided, however, that Section 4, Article IV, shall 

remain in force only for a period beginning with the effective date 

of this Code and ending on the last day of the sixth calendar month 

thereafter unless such period shall be extended by the Administrator." 

FINDINGS 

The Deputy Administrator in his final report to me on said 

Supplementary Code having found as herein set forth and on the 

basis of all the proceedings in this matter: 

I find that: 

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

policies and purposes of Title I of the National Industrial Recovery 

Act, including removal of obstructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof 

and will provide for the general welfare by promoting the organization of industry for the purposes of cooperative action among the 

trade groups, by inducing and maintaining united action of labor 

and management under adequate governmental sanctions and super- vision, 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 purchas!ng 

power, by reducino- and relieving unemployment, by improving 

standards of labor ~nd by otherwise rehabilitating industry. 
4 

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

( c) The Supplementary Code as approved complies in all respects 

with the pertinent provi ions of aid Title of said A t, including 

without limitation Sub ection (a) of Section 3 Subsection (a) of 

Section 7 and Subsection (b) of Section 10 thereof; and that the 

applicant institute is an industrial a ociation truly repre entative 

of the aforesaid Industry; and that aid in titute impo e no inequitable restrictions on admis ion to m mber hip therein. 

( d) The Supplementary Code i not de igned to and will not 

permit monopolies or monopolistic practice . ( e) The Supplementary Code is not de ·igned to and will not 

eliminate or oppress small enterpri es and will not operate to 

discriminate again t them. 

(f) Those engaged in other step of the economic process have 

not been deprived of the right to be hen.rd prior to approval of ail· Supplementary Code. 

For these reasons, therefore, I have approYed thi Supplem ntary 

Code. 

Respectfully, 

l\1AY 4, 1934. 

HUGH s. JOHN ON, 

Acl1ninist,rator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE CARBON DIOXIDE INDUSTRY 

A DIVISION OF THE CHEMICAL MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the Carbon Dioxide Industry, a Division of 

the Chemical Manufacturing Industry, supplemental to the Chemical 

Manufacturing Industry Code, and upon approval by the Administrator shall be, in conjunction with the basic code of the Chemical 

Manufacturing Industry, the standard of fair competition for this 

Industry. 

All provisions of the Code of Fair Competition for the Chemical 

Manufacturing Industry, as approved by the President on February 

10, 1934, are hereby incorporated by reference as though completely 

set forth herein. · 

ARTICLE II-DEFINITIONS 

The term "Carbon Dioxide Industry" as used herein means the 

production or conversion for sale of Carbon Dioxide in all of its 

physical phases and/ or forms. 

The term "Member of the Industry" includes anyone engaged 

in the industry as above defined, either as an employer or on his own 

behalf. 

The term "jobbers and/ or distributors within the metropolitan 

areas of plant and/ or warehouse cities" shall be interpreted to mean 

any firm, corporation, partnership, association or person who purchases Carbon Dioxide from a Member of the Industry, and who 

resells said Carbon Dioxide to either the wholesale or retail trade 

located within the metropolitan areas of cities where Members of 

the Industry maintain plants and/ or warehouses. 

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

herein shall mean respectively the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

The term " Institute" as used herein shall mean the Carbon Dioxide Institute, Inc., a corporation organized and existing pursuant to 

the Membership Corporation Law of the State of New York, having 

its office at 75 East 45th Street, New York, N.Y. 

The "Executive Committee" shall mean the Executive Committee 

of the Institute, which consists of seven members elected by and fron1 

the Board of Directors of said Institute. 

This Code shall become effective on the tenth day after it shall 

have been approved by the Administrator. 

(5) 
6 

ARTICLE III-ADMINISTRATION 
7 

SECTION 8. The Code Authority shall obtain from members o:f the 

Industry such data and statistics, which shall be submitted by each 

member, upon its request or upon the request o:f the Administrator, 

as are required for the administration o:f this Code, except those in 

relation to number o:f employees, hours of labor and rates o:f pay, 

which are collected by the Chemical Alliance, Inc., in accordance; 

with Article V, Section (a) o:f the Code of Fair Competition :for the 

Chemical Manufacturing Industry. The data and statistics called 

for by the Code Authority which are of a confidential nature shall 

be collected by a disinterested agency or confidential agent and shall 

be revealed by such agency or agent only in summary :form; provided 

that when an alleged violation o:f any code provision occurs which 

requires the collection o:f data and stati tics o:f a confidential nature, 

the disinterested agency or confidential agent shall reveal the data 

and statistics :furnished by the alleged violator i:f the alleged violation is sustained or is in doubt. 

SECTION 9. I:f the Administrator shall determine that any action 

o:f the Code Authority or any agency thereof may be unfair or unjust 

or ontrary 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 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 IV-GENERAL TRADE PRACTICE PROVISIONS 

SECTION 1. Price Luts.-Within fifteen days after the effective 

date o:f this Code each member of the Industry shall publish and 

file with the Code Authority, upon forms and under rules and regulations prescribed by the Code Authority subject to review by the 

Administrator, its price lists for Carbon Dioxide. Such price lists 

shall show the current price per pound, discounts, terms of payment 

and conditions o:f sale for Carbon Dioxide, including the terms 

which apply to cylinders and/ or other containers. The Code Authority shall immediately send copies thereof to all known members 

of the Industry in the regions where the aforesaid price lists apply. 

SECTION 2. Revised Price Lists.-Revised price lists may be filed 

from time to time thereafter with the Code Authority by any Member of the Industry to become effective five ( 5) days from the date of 

receipt of the revised price list. A copy of each revised price list, 

with notice of the effective date thereof, shall be sent promptly by 

the Code Authority to every known Member of the Industry in the 

regions where the aforesaid revised price lists apply. Any Member 

of the Industry may file a new or changed price list to meet the 

terms of a competitor's price list a.nd to become effective upon the 

date that the competitor's price list becomes effective if a copy of 

the new price list is filed with the Code Authority before such 

effective date. 1 

SECTION 3. Adherence to Price Li-sts.-N o Member of the Industry 

shall sell, directly or indirectly, by any means whatsoever, Carbon 

1 See paragraph 2 of order approving this Code. 
8 

Dioxide at a price lower or at discounts greater than those published 

by him nor shall he sell on terms of payment or conditions of sale 

which differ in any respect from those provided in his current price 

lists. 

SECTION 4. Oontractwal R elationship with Jobbers and/or Distributors.-Every Member of the Industry shall enter into a written 

agreement with his jobbers and/ or distributors within the Metropolitan areas of plant and/ or warehouse cities whereby such jobbers 

and/or distributors agree to file price schedules in accordance with 

Sections 1 and 2 of Article IV of this Code and to abide by Sections 

3, 5, 6, 7 and 8 of Article IV and Section 2 of Article V and Sec- tion 2 of Article VI. The Code Authority shall require each Member of the Industry to file a copy of each agreement which he may 

make with a jobber and/ or distributor. 2 

SECTION 5. Lvlisrepresentation 01· False or Misleading Advertising.-To fal ely or mi leadingly adverti e, label or brand any Solid 

Carbon Dioxi-de or container of Carbon Dioxide hall be an unfair 

trade practice. 

SECTION 6. False Ma1·king or Brandin g.-To place deceptive 

brands or trade marks, or brands or trade marks similar to those of 

other Members of the Industry on any Solid Carbon Dioxide or any 

container of Carbon Dioxide shall be an unfair trade practice. 

SECTION 7. / nterf e1·ence with Oontraotual R elations.-To maliciously induce or attempt to induce the breach of an exi ting contract 

between a competitor and his cu tomer or sonrce of upply r t 

maliciou ly interfere with or obstruct the. performan e of any ·uch 

contractual duties or services shall be an unfair trade practi . 

SECTION 8. Se&ret R ebates.-No Member of th Indu try hall 

secretly offer to make or make to any customer any payment or all wance of a r ebate, refund, commi ion or credit; or o-ive any un arn d 

discount or excess allowances, -whether in the form of mon y or 

otherwi e except as published in their price list, nor hall a f emb r 

of the Industry off er or extend to any u tomer an pecial r i e 

or privilege not extended to all cu tomer of the am cla f r tho 

purpo e of influencing a sale. 

Ann LE \ -SOLID CAnnoN DIOXIDE E TIO TR.\DE Pn 

1 c po.ragrapb 2 f ord r approving thi od . 
9 

SECTION 2. M-isuse of Containers.-To furnish Solid Carbon Dioxide for use in containers which bear another's identification marks 

without the permission of such other l\1ember of the Industry evidenced by a bill of sale, lease or other in trument in writing shall 

be an unfair trade practice. 

ARTICLE VI-LIQUID° CARBON DIOXIDE SECTION TRADE PRACTICES 

SECTION 1. Delinquent Cylinder and Container Accownts.-Each 

Member of the Industry of the Liquid Carbon Dioxide Section shall, 

once in each period of ninety days, file with the Code Authority a 

list stating the name and address of each customer who has failed to 

conform to the terms under which its cylinder property has been 

furnished to such customer. 

SECTION 2. Misuse of Containers.-To fill withi or use in the transportation of, Liquid Carbon Dioxide any container which does not 

have the official approval which may be required by any Federal, 

State, Municipal and other Governmental agencies or departments, 

or those which bear a competitor's identification mark without the 

permission of such competitor evidenced by a bill of sale, lease or 

other instrument in writing, shall be an unfair trade practice. 

ARTICLE VII-MooIFICA TION 

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

approval, license, rule or regulation issued under Title I of the 

National Industrial Recovery Act. 

Such of the provisions of this Code as are not req_uired by the 

National Industrial Recovery Act to be included herein may, with 

the approval of the Administrator, be modified or eliminated as 

changed circumstances or experience may dictate. A study of the 

trade practices of the Carbon Dioxide Industry will be made by the 

Code Authority with the intention of submitting from time to time 

amendments to this Code applicable to one or more subdivisions 0£ 

the Carbon Dioxide Industry. 

Approved Code No. 275-Supplement No. 2. 

Registry 699-20. 

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