For sale by the Superintendlent of Documents, Washington, D.C. Price 5 centsr
Registry No. 1648--06
Approved Code No. 450
NATIONAL RECOVERY ADM'lINISTRATIONJ
CODE OF FAIR COMPETITION
DOGjii FOOD INDUSTRY
AS APPROVED ON MAY 31, 1934
WB DO OUR PARf
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washinogton, D).C., and by district offices of the BEureau of Foreign
and Domestic Comnmerce.
DISTRICT OFFICES OF THE D)EPARTMlENT OF COIMMIERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Fedelrall Building.
Boston, Mass. : 1801 Customhouse.
Buffalo, N.Y'.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chlicago, Ill.: Suite 17006, 201 Norlthl Wells Street.
Cleveland, Ohio: Chamber of ~Commerce.
Dallas, Tex.: ChamberIIC( of Commerce B3uildlinF.
Detroit, J ichl.: 801 First National Bank Building.
Houston, T'ex.: Chlamber of Commerce Building.
Indtianapolis, Ind.: Chamnnber of Connerce'(-i Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Eniltimoire Avenue.
L~os Angeles, Calif.: 1163 South Broadway.~~y
Louisville, Ky.: 408 F~edera'l Buildling.
Memphis, Tenn.: 229 F'ederal Building.
Minneapolis, Mlinnl.: 213 Fiedleral Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customahouse.
Norfolk-, Va.: 406 East Plume Street.
Philadelphia, Pa.: -l"3 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce 'Building.
Portland, Oreg.: 215j New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Cuzstombouse.
Sevattle, Wash.: 800 Federal Offi -0 Building.
Approved Code No. 450
CODE OF FAIR COM~c~PETITION
DOG~ sFOOBD IND~USlliTRY
As Approved on M~ay 31, 1934
Are~I\'Norm CODE] OF FAIR UOMPEIT:r lION FOR THE UOG FOOD INDUSTRY
Anr application having~ been~r duly made pursuant to and in full
comprlllianc~e with the provisions of Title I of the N~ationzl. Industrial
Recovieryv Act, approved June 16, 1933, for approval of a Code of
Fair Compettiton for thle Dog Food Indurstryc\, and hlear~ings having
been, duly held thereon, and the annexed rep~lort on said Code con-
talining flindinlgs with respect theretoc hav\ing~ been duly made and
directed to the President:
NOW, THEREFORE, on behalf of the Presid~ent of the United
States, IC, H~ugh S. Johnson, Athnlini ctl ntor for Industrial ]Recovery,
palrsl!clt to authority vestedl in me by Executive OIrders of the
President, including Exerntive Order No. 654S3-A~, dalted December
30, 1933, do hereby in~rcorporal~te by r~cfejrence said uInnexed report
and do finll that said Cod(e complies in all I~r~espct.- wcith the petrtinent
prov'isionsi and will p~romrote thle policy and pu'rposes of said title
of the Act: anid do hereby order that said Cod(e of Fair Compei)(ti-
tion be and it is hereby~iS appr)Ioved: provided,~l that the provl\isionsl of
Article PIX, Section. 1, punga~rlaphl (c), in so far as they prescrliho'~c
a waiting~ period between the filing with the Code Author~ity and
the eff~c~ctivec date~ of rev\isedl schedules of pr~icsc, dli:;cou~ntsj, tenrm
and condltitio~ns of sale be and theyl are hlereby-,~ stayed p~enlingr my
flr~therc l oltrder either within sixty (60) dlays fr~om the e~ffectivet clnte
of the Code or after the canplel-ltiot n of a study of orpenl price amor~.ia-
tio~ns now\~ being conduci~cted~ byr the National Recovery Admllinistrat~f ion.
Hoonc~r S. JOHNsONr
Approval reco~~i niunended:
A.?L W.V RTILEY,
Watsu~lr wcrox D.C.,
Mlay 3_1, 1934.
REPORT TO T~HE PRESIDENTS`
The WT/hite Hioucse.
SIR : This is a report on the Hearing of the cCode of Fair Compe-
tition for the D~og Food Industry. This hear~1i~gr wa.- held in the
Burlington HoItel, Washington, D.,C., on F~ebruary 16, 1934, in ac-
cordance wiith provisions of the N1~ational Induslltriatl Recovery Act.
It is esrtillnutedl that this Industrly, m1alfe up of 105i plants, employs
approx-imely~ltcl 2,000 workers.
Thlis Industry enjoyed a rapid grrowthl during the past ten (10)
vears with sales for 1933 estimated in exs.ce-si of $1_00,000,000. The
Code co~nta~ins a. provision, providing for statndalrd of quality based
upon biological values, which should tendl to make for a uniformly
higher gradn~e dlog food.
PROVISIONS FOR; HOURS;!~ AND W.AGES
The Code establishes a normal;a cight (8) hourf day andc for~ty? (40)
hour week for factory and, c~lerical employees with thle uisual excep>-
tions for persons suplloyedrt~ in a ma~~nagerial,, executive, and super-
visory capacity, and outside salesmen. Route delivery anlesmenc
regularly receivingr thirty dollars ($30.00) per weeki averraget d over
a four (4) weekrl period are exempt f'rmul the hourly prov-i ions.
Chaulffeur~s, truck and dfeli~very mnen are allow-~ed- a forty-eigh~t (48)
hour week. Engineersi- and firemen are allow~edl a fortyS-four (44)
hour week. There~t is also providled an exception for p-ealk production
limited to six (6) hours per weekr for a period not to exceedl eight
(8) weeks in1 a calendar year, providing that one and one-cth~ird times
the normal rate be paid for all hoursl' worked in exess of forty (40)
hour.,~ per wveekr. Th'e minimum wages prIovided for o~ffic~e empllloyees
are from sixteen dollars ($16.00) to fourteen, dollars ($14.00) based~l~
on population differential, office boys m~ay be paid not less than two
dollars ($2.0)0) belowt the aboove mentioned minima. Th~e minimum.
wagae provision for fueicr~y emnployes~c is thirty-five cents (35 ) for
female and forty cents (408) for male employees.
The nalinlimum~ age! of emp~Iloyee~ wPill be lsiteenr (16~) .ea rs; except
in haza-rldous occupations, where the minimum will be eighte-en (18)
ECONOMIC EFFECT OF THE OnDE)T
The forty (40) hour normal wveek, wit~h additional pay for over-
time, should tend to level employment peakrs in this Industry and.
manter!ially incr~ealse the numlber of workers. Thle hours provided
for this Indtustr~y relresenlt a eCreaseC~3 5 fromY forty-four (44) hlourls
in 19r3:3, to forty (40) hours in t~he Code, a reduction. of nine! (9)
per cent fro~re hoursl't worked' justf prior to P.R.AL. This meanslll an
mecrease of tenl (10) per 1.cnlt- in employment.lc~t From testimony
offe~lred by r!epresenrt~tatives of thle Inldustry the avecr;ge mlinimnum wagl~e
for a sample of thirty (30) firms wras thirty-fourl cenlts (34() for
mlnes andlc twrenty-five cents (PSi#) for females in 1:,33:, prior to
P.R.A., andic about. the sameir in. 1929. The increased~ emplloymen.rl't
retsulting~ from shlolrtlened hoursI will be a factory in incnc~sdc payroll('1s
for constant production.
I findi that:
(a) Said Codle is well designedl to p~cr~romte the policies ancd pur-
poses of Tfitle I: of the N~ationlal Industrial Reco~very Act, includting~
Itremoval o~f obstructions to the free flow of interstate and fol''crlig
commerce'I~_ which tend to diminish the amount thereo~cf and will pro-
videc for t~he general wetlfar~e by promoting the o~lrganizatio.n of in-
dus~tryS for the purpose of t.looperatIive action amongll the trade gramml~r
by ind~ucinrg and mari nta!i n ing ulnitedl action of labor and management rc!!t
ulnder adetquate! glverlnmentat~l sanc~tionsl and supervision, by eliminat-
ing unfair competitive prac"'tice by promllloting the fullest possible
ultilizationl of the present produlctiv-e enlac.ity of ind-ustr~ies. by avoidl-
ing undue restriction of production exceptt as may be tempor'~arilyy
r~equiredc), by' increasing the consumption of indu~str~ial and wr~i-
culturl prodlc~ts through increasing purchasing powerc1, by redclc-ing~
and relieving unemployment, b~y improving standards of labor, and
by o~therw~i~s rehabilitating~ industry.
(b) Said ]Indus~tryS normally employs not more than 150,000 ianl-
ploy~ees; and is not class~ifie by me as a major industry.
(c) The Code as approved complies in all reslpec~ts with thet p~er-
tinent provisions of said. Title of said Act, inc.llluing~ without limi-
tationl S~ubsection (a) of Section 3, Subsecctio~n (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that th~e applicant
alssoc~iatio-n is an indusltr~ial a~scociation truly represenlt~tatie of the
afor~esait Industry; and that said association imposes no inequlitablle
re~tstr~~ictins on admnission; to membership the~retin.
(d) Th~le Code is not dle igned to and will not permit mlonopo~~lies
and monopo-listic practices.
(e) T~he Codlce is not deisignedl to and will not elimlinate or ',pprleSs
small enterprises and will not operate: to diiscrimninate a~gainst thleml.
(f) Those elngaged in other steps of the economic process have
nolt been deprived of the r~ighlt to be heard prior to approval of said
For the above r~easons this Code has been appr~loved.
HIEanITI S. JoI-NSON,
MA4Y 31, lg84.
CODE OF` FAIR COMaPETITI[ON FOR T;HIE DOG FOOD~
To effectuate the policies of Title I. of the NiJational Industrial
Recovery Act, approved June 16, 1933, the followming provisions are
established as a Code of Fair Competition for the Dog Food Indcus-
try, and shall be the standards of fair competition fo~r such Industry
and shall be binding upon every13 memberl~~l thereof.
ARTICLE II EFINITIOcNS
SECTION 1. As used~1 inl this Codfe--
(a1) The term President meitansi the President of the United
(b) The terml "Admrinistrator means the Admlrlinistra~tovr for
(c) The term "Act means T'itle I of the National Industrial
Recovery Acet, approvedl June 16j, 1933.
(d) TPhe term '"State means anly State or TPerritory and the
District of Columnbia.
(e) The terml Code AuthorIty "' melans~ the Code Auth~ority pro-
vidled for in Ar~ticle Xr of this Code.~
(f ) The termrr "Association' means th~e National Dog Food M~anu-
(g) The terml "L export trade means a~ny sale for delivery outside
the continental United States.
(h) The terml1 "Dog~ Food Induslltry3) and the term "'industry"'
mean~ ~~ th auatrnpakn n mot of dog food and
sale thereof by the manufacturer, packer, or importer and sulch
r~elazted branchles or subdlivisions thereof as m~ay fr~om time to timle
be included under1 the provisions of this Code by the Presiditent, after
such notice and~t hainglill as he mlay prescribe.
(i) Tihe terml "DPog Food" meansuil any fEood malnulfacturedd and
inrtended~l' primarily as food for do.gs.
(j) The term ": member of the industry includes any ind~ividual,
parltner~lship, asscC(iation,R corporaztion-, or o~th'er form.1 of enterprl~liSe
engagedt~l in the industrily, either as an employer or on his or its own
(k) The termr "' employee includes any and all persons engagedr~
in the in~dus~try, howevern compensated, except a member obf 3the
(1) The term '" employer includes any person by whrfom any such
employee is compensated or employed.
(m) The term watchman n" includes only employ~ees, at least
ninety per cent (900/'o) of whose working hours are dev~oted to wa~tch-
ing and guarding the premises and property of any establishment in
(n) The termII outsidee salesmaini includes~ any salesmanll, at least
ninet nper cePnt. (90) ofn whose~ wo~r~kingt hourslc aret devojted to selling
ourtslidle of the establisihmentll andcl who does not drl i ver m-enT rcad ise~.
(o) "The term Icrute, salesman includes~t any saF~lesman~~ whoe de-
livers that wh.Iichl he sells at the time of sale.
(p) Thle termn buyl\er mleansl anyr buyerCi for C(,lncnunerdal pur-
poses'-, andf not for the use in feeding of hlis own dlogs or other
(q) Populalltionl shall b~e determined bly r~efer~ence to the latest
SECTION 1. ~No employee shall be perusittedl to workr in excess of
fortyV (40) hlours in any one wee~tk, or molrelt than eight (8) hours in
an~y day, withn t~he followingr exceptions.. The prrc.visio~ns of this Sec-
tion shall not apply to:
(a) Person,~s emplloy'ed in a managerial, suprvlc\isoryl3', execu~tive.l or
technical capacity, who regularly receive not less than thirty-fi~ve
dollars ($f35.00(1) per week.
(b) Outside salesmen.
(c) Rtoute salesmen, provided that theyS regularly receive not less
than thiirty dollars ($30.00) per week a~veraged-~- over a four (4)
(d) Watchmen, provided that no watchman shall be perm~itte~d to
wor1k in xcess~~ of fifty-six (56) hours in any' week.
(e) Chanuffeurs, truck drivers and delivery mnen, provided that no
c~hau~ffeulr, t~uc-k driver, or delivery man shall be permittedc to work:
in excess of forty-ei~ght (48) hours in any wee~k.
(f) EnineerrllCI' and firemen, provided that no engrineer: L or firemalln.
shall be per~mitted to work in excess of forty-four (44) hours in any
weeck or morel1 than nine (9) hlours~ in anly one day.
rSlrC~cns 2, In cases of peak production, continuous manullfacturiingIl
pro'cess~ necessary~ because it involves a perishable product, invenltory~
peidfnacl closing period,anoheuuul ndtnsby d
the control of the emllployer~l, employees maly work3 in excess of thle
normal nmnliber1 of wor~~kingr hours per day or per week pres~cribed by
thi Code for the class of work performed by such'l emplloyee--, but
during not to exceed~l an aggrega~te~ of eight (8) week in the e~ntrlelnan
'ear1, as to canned clogr food, alryl four (4) weeks as to dry dog food.
Suchn ove;rtimle shall nort exceedr' six (6) hours in any one wee1~k ex-ept
in cases~c of emergency ma~inltenancc andlr emerge:~ ncy repair work: in-
vorlvinlg brlea7kd~owns or proctectlion of life and property, and. s-hall be
c~omlpen-atedi by at least onet andil one-thiird times the normn'11:1 ratle.
All1 cases of overctimelt workI in excess of the Ilnuximumltl houlr pre-
Fcribed byT this Code shall. be reported mon~thly~ to the Codle Aulthc-r-
ity. Office wrrclker~s reCeCivingllr thir~ty-fiv-e dollars ($335.001) p~er wecek,
orr more. nee not subject to overtime p~aymelnt.
SRETIno 3. No employee, except perl'ons. L emplll~oyed in a ma~nageriial
supe~rvis~ry, executive or technical e~lnpnity, who ret~cei-e r~egullarly
not less than thirty3-five( dolcllars ($35.00) per- wee~k, shall1 be~ p~ermlitted'
tc work~l mor~le than, sixr (6) days in anyr sevenc (7) (1ay3 per~iod.
SEenlo. v 4. NO employer.I shalill permit, ny! empllloyeeo to work: for
any timei which, w\henl toitaled~ with thai~t alreadn~y p~erform~led~l for an-
other employer, sexceeds the maimumin~r i perm~iittr d by thiis Codel.
ARTICLE 17- VAGES
S~ECTIO(:N 1. NO Clerical, ROcoHInting, or other office employee shall
be paid less than at the rate of :
Sixt~een dollars ($16.00) per wFeek; in any city of over 500,000 popu-
lation or in. the immediate trade area thereof.
Fifteen dollars ($15.00) per weekl in any city between 250,000 and
500,000 population or in the immediate trade area thereof.
Fourteen dollars ($14.00) .per weektl in any city rtw fls
than 250,000 population. However, office boys ando messn g esesners may
be employed at a rate of not less than two dollars ($2.00) below the
minimum wage otherwise applicable under this Code, provided that
not more than ten per cent (10%o) of the total number of office
employees in, any establishment in the industry shall be so classified,
except that any establishment may employ at least one office boy or
SECTION 2. No watchman shall be paid less than at the rnt~e of
eighteen dollars ($18.00) per week.
SECTION 3. NO male employee other than those covered by Sec-
tionrs 1 and 2 of this Article shall be paid less than at the rate of
forty cents (40d) per hour, and no female~ emplloyee o-ther than
those covered by Sections 1 anrd 2 of this Ar~ticle shall be paid less
than at the rate of thirty-fi~ve cents (354) per hour.
SEC~cTIoN 4. This Article es-tab~lishles a mlinimnum ra~te of payr which.
shall apply, irrespective of whether an1 emlployee is nretually com~penl-
sated on a time rate, -piece workr, or other basis.
See.~rmS 5. Female employees p~erforming substantially th~e same
work as m~ale employees shall receive the samne rate of pay as mIale
employees, except that in emies~ where male employees do workl cus-
tomatrily perfo~~lrmed by wcPomen, only during hours when. women are
prohibited by lawv fromt working, this S~c~tio~n shall not apply.
SECTION 6. At least one and one-third times the normal rate shall
be paid for all time worked~ci by employees exceptt by p~ersons em-
ployedl in a malfnag~erial, supervi~l\sory, executive or -technical capacity,
who reg~ularly receive not less than thirty-five dollars ($35.00) per
weekr and outside ;alesman~r, and empllloy!ees engaged in the hand~cling~
of livestock) on Sunday and any national holiday.
SECTION 7. A perI'c-,1 whose earnings capacity is limited because of
age or' physical or mental handicap miay be employed on light work
at a wage~~ belowo the minimum m established by this Code, if thei em-
such wvages and for such hours as shall be stated in the certificate.
Each emp1,:cloye shall file with the Code Authority a list of all such
persons employed by him.
SECTION 8. No employee whose normal full time weekly hours,
after the approval of this Code, shall be sixteen and two-thirdsl per-
cent (162%%r), or lessX, below his normal full time weekly hours for
the four (4) months ending Many 1, 1933, shall have his full timne
wee~rkly earnings redu~lc~ed below the average~: wee-kly earn!-ingrs of such
employee during such four (4) months' perIiodc. In case the reduc-
tion in hours, as so mnea~sured, is more than sixteen and two-thildrds
p~rcent (16Y3%), employers shall make an equitable r~eadj ustment of
hourly wngae rates upwar~ds, provided that in each such case h~ourly
wcage rates shall be increased. by at last tw\enlty perlcent (20%b).
In no case shall hourly wagFe~rates be reduced.
SECTIION 9. After the effective date of this Code, wages ~hall be
exempt from any' fins; and~ fromn charges, or deductions, ecetcpt
charges andi dleduc~tions~ for emp~loyeei; voluntary contribution for
pension, insurance, or benefit. plans:, and~ chairges or leductions; re-
quired' by lawc, and agreemeltnts of hire shall1 provide that thne em-
ployer shall not w~itihhold wages except upon. service of legal p>rroces
or other paupersc lawfully r~equiringf such withholding. Dedurctions
for other purpioses; not heretofore stated may be made only wNhen the
contract is in wr~iting and is kept on file by the employ,3er open to
thre inspection of Government rep~rese~nnttives.
SECTION 10~. Empyloyers sha~ll make payment of all wsages due in.
laws fhieaful currencyo by negotiable check payable on demand. Agree-
ment of ire hal provide for payment of wages at least a fe
as at th~e endl of ench'~ two (2) weeks' period, and sala viers at least as
often as at the end of each month's period.
AnII~cu: 'VT--GEN: EIL1L Lanon Pnovisions
SECTION 1. No person under sixteenl (16) years of age shall be
employed in the industry. NPIo person under eightteenl (18) years of
age sha~ll be employ~e d at operations or occupations wPhich are hazard-
ous in nature or dangerous to h~eath. The Code Authority shall
submit, to the Admlninistratorl -wit-hin one month after the effective
date of this Code a list of such, operations or occupations. In anyT
State an employer shall be deemed to have complied wit~h the pro-
visionsl as to age if he shall hav-e on file a certificate or permit duly
signedl by the authflority inl such State empowered to issue employ-
mnent or age certificantes or permits showing that the emnployee is of
the reqluirecd age.
SECTION 2. In compliance with Section 7 (a) of the Act, it is
(a) That employees shall have thie right to organize and bargain
collectively through rep~lresentativevs of their own choosing, and shall1
be free froml t~he inlterfer~ence, restranint., or c-!e~c~ion of emplloy~ers: of
Inbor1, or t~heir- aernts, in the designation of slc~h r~epr~esetntative or
in self-organization or in other cnctier~ted activities -for the purpose
of collective bargaining or other mIlutuazl aid or protection.
(b) Trhat no emjploy-ee and no one seeking employment shalll be
req~uir~ed as a conditions of emp'loyment to join any Comnpany union
or to retframn from jomning, organizinlg, or assistmng a, labor organiza.-
tio-n o~f his owaLn choosing.
(c) Th~t. employers shall comply with the max~?imum hours of
labor, minimlumll rIates of pay, and other cond-itionls of empllloymnent,
a1ppfroed or precscribedt by the Pre~sident.
SUEctroN 3. No employer shall reekassify emlploy~ees or duties of
occupations p~erfolrmed by employees or change the meth~odl of pay'-
ment, of employees' comnpensation or engage in any other subterfuge
for the purpose of defeating the purposes or provisions of the Act
or of this Code.
SECTION 4. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during t~he
hours of their employment.
SEC'TION 5. NYo enipinlr-yee now employed at a rate in excess of the
minimum shall be discharged and reemnployed at a l~ow~er rate for
the piurpose' of evadling~ the provisions of this Code.
SECTION 6j. No provision of this Code shall supersede any Fitcederal
or State law which imposes on, employers more -tr~iingntl require-
mnents as to age of employees, wages, hours of labor, or as to safety,
health, sanitary, otr general working conditions, or insurance, or fire
plrotc~tionI, than, are imposedc~l by this Code.
SECTION 7. All employers shall post complete copies of the por-
t~ions of this Code relating to wages,. hours and general labor pro
visionls in conspicuous places accessible to employees.
LCenoxI.() 8. The Code Authorit~y may, from time to time, present,
to the _Adtministrator recconintenrldat ions of the indusltry3 which will
tend, to effectuate the operation of and compliance with the labor
provisions of this Clode.
AnaKTcrE VI--STANDARD NET Y~7TEIGHTS FOR CANNED D)OG FOOD
SECTION 1. The following shall be the standard net weights ifor
caznnedi dolg food: eight (8) ounces, one (1) pound, two and one
half (21/2) pounds, and seven (7) pounds.
SECTION 2. All stock canls and labetls on hand on the date when
this Code becomes effective shall be exemlpted from this Article.
SECTION. 3. No member of the ind~ustry) shall sell cennned~r dog food
xceptcl' when packed in neeo~c~rdaince with this Article.
ARTICLE VII- DEFINITIONS AND STAlNDARDS OF IDENTITY
SECTIN 1. he Coe Autorityshal establish. reasonable defini-
t~icln alnd reasonable standards o dniyadbooia au o
canned dog food, necessary to precve~nt dclep.c~-tion, fraud, and unfair
c~ompretition in the sale of ennned~~c dog food. With~in. ninety (90) days
after the date when this Code b~comesr (iffct~ivec the Code Althor~li~ty-
shasll present to thle Admiinistra; ~lItor reconanendel~fc standards and a
p~lan for their enfo?~rlllnent.
SCEcTIONl 2. 116 COd~e Ahuthority shall es~tab~lishl such definitions and
standards in put o~lncec of such~ hearing procedure as may. be pre-
scribed by the A.ll)iIniinit~lrntor, and they shall be subject to apprloval
by the Aidministrator, and effective on a date approved by the
Adml.li n ist rant or.
SE("nowO 3. EaLch member of the industry shall comply with thne
deifinitions and standltards of ideniltity) estab~lished under this Article.
ARTICLE VIII--~:LIN( ux REQU3~IREMENTS
SECTION 1. The Code Authority shall establish subject to a~pprovall
by the Administrator, reasonable labeling requirements for cannedcr
dog food necessary to ~pr~event deception, fraud and unfair competi-
tion in the sale of conned~t dog food. WCithin ninety (90) days after
the date when this Code hiccrllnes effctcive the Code! Aulthcri~ty- shall
p~1resent. to the Ad\~minis~t~rator recommnaintiot~nsr for theseP Ilabelingr
requiilremets and a plan for their enfor~~~lcement.
Seenrow 2. Thne Code Authority shall establish such definitions and
standards in pursuance of such heariling~ Iprocedure as ruiny be pre-
ascribed by the; Administrator, and they shall be subject to approvaln
by thle Administrator, andl effec~tiv-e on a dalte approved by the~
SECTION 3. Each member of the industry shall comply w~ith~ the
labeling requrirements estabtlishedl undrl~ thiis Article.
An-rlC.LE IX-Unra Mc-rII~Uns or ConverEPIOno
SECTIONh 1. Price? Cncmessions.-(a ) No memberl~~l of the indcujtr~y
shall sell dog food to buyetrs except upon thle bisni of an open pncee
which is strictly adh~re~d to, while effc~tive. Tlhe? termn "" open p.ic~e "
as used in this Section means a ~r~ice! list (1) which is pu~blished for
the eqlual inform~llation of all buyers andr~ membel~trs of the indus~try,
and (2) which, detclines all the mem~lrbers" l' prvailing p~ic~es lnd~ termns
of sale for dlog foodl.
(b) No member of the indusritry shall mak~re any direct or indrir~ect
price concession. Direct or indlirect pr1ie coneession as usedr in
this Se~jction, means ny13 variationr byr a membr1I~r of thne industry fr~oml
his open price, whlether by a rebate~, allowance, payments, free deaul,
gi ft., or by any othler mlensj whatso~ever.
(c) WIithin ten (10) days after t~he ef~ec~tive date of this Coder each
memlber of thle industry shiall file his open price for dogf food,~ with
the Code Auithority, Sulchl~ op~en price shacll set forthc a comrlplete
schedule of sulch mnemlber's prices for all dog, food that he sells, to-
grethler with all discounts and full terms and c-ondcition.- of sale of
~n~y kind based upon .-such pr~ices~. TIher~n after each member of ther
industry shall Illnundiatelyy notify th~e Codef Auth~lority of any change
in such open pr1ice or of anyr ne~ o~pen pricep by telegraml or regis-
tered ma~il, and slc~h chanz~rged~ prir-ces shall no~t. b-comle effecctive until
same havre bee~n on file with t~he Code Authority for a pecriodtl of
five (5) days. The Cod~e Authority shall immediately~ inform. all
members of thne industry of each open pr;il.. or change: therein filed
with it. Thle Code Aultho~it~y shasll informu any~ buyer, upon rlequest
therefore, of any open price or c~hnnge therrin filed wciith~ it.l
,SECTION 2. PIiric D~isrimina~tionz.-No member of the in!dus t ry
shall discriminate. inr price be~twe~n buy!erst. The, terml "L dliscrminatent
in price "", as used~ in this Se~fction, mea~;ns directly or ind'ir~ectly~ ch!arg-
mng ad different price to buyers of products of the som~e qun lnt it y,
grade and quality, whl~o are locatedl in the samie compe~ttitive mlarkrtt
aInd whlo are members of th~e same buyerr class.
SECTION 3. UnIernedCI Srvt)'icer Paymen~t.-N- o mnembrcl of the in-
dustry shall pay~ a buyer for a, special ad'vertising-or olther distribu-
tion service by such buyer (a) except in pursuannee of a written
contract made' in groodi faith and explicitly defining the services to
be rendered andc the payment for it; and. (b) unless such, service is
rendered andl such payment is reasonable and not excessiv-e in amount
and (c) unless such contract. is sepasrate and dtist~inct from uniy salts
contract andl sulch payment is separate andt distinct from any sales
price and is not designed or uised~ to reduce a sales price; aiicd (d)
unlless a copy of each such contract is retained onr file for a period
of one year. The Administrator or the Code Authority mnay require
a member of the industry to report anly such contract by hiim mande.
is" Se aragraph 2 of order approving this Code.
SECTION 4. 68Ff~t~ivGt.Ze Price Cutting.--(a) No member of the
industry shall engage in destructive price cutting. The term "L de-
structive price cutting ", as used in this Section, nienns (1) the
offer or sale of dog food by any member below his individual cost;
or (2) anly price cutting purposed or effective unduly to suppress
competition or to create a, monopoly; or (3) the quotation of a
fictitious Iprice or the invoicing of a false price; or (4) the making
of any price statement or price representation which is false or
(b) TPhis S~c.tion shall not be construed or applied to prevent any
sale below cost in order to meet the price competition of a member
in. the same competitive market whose price is not in violation of
this Code or a ntcesl;ito.us sale to dispose of distress stock, which sale
is immediately reported to the Code Aiuthority.
SECTION 5. Quant~ity Price Abuse.--No member of the indus~~tryI
shall offer or make a quantity price unless it is based upon and rea-
sonably measured by a substantial difference in the quantity sold
and deliveredl, and unless it is equally available to all buyers of the
same quantity; and unlless it is set out in the open price schedule.
SECTION 6. Unelarned Disco an / jfor Cash.--No- member of the in-
dustry shall allow a discount; for cash which is not earned by paly-
ment in neerdanc~~11~e with the cash discount sterns specified in his
open price schedule.
SECTION 7. Com1pulSory Purcha~se.--No member of the industry
shall compel a buyer to purchase any article as a prerequisite to
the purchase of any other article.
SECTION 8. E//G~if Subts///u//an,).---NO Illelllh~er of the industry shall
bsllititutet without due notice and consent of a buyer another product
for that ordered~c from himl.
Seennrr-s 9. Prize or PIremniun Abuse.--No member of! the industry
shall offer any prize or p-remiumu or other gift in pursuance of a
plan involving lottery or fraud or deception.
SECTION 10. Free Deatls.-No member of the industry shall offer
or give a Jfree <10anl to a buyer. The term free deal "', as used in th~is
Section, mecans a free deal;7 of ainy kind, except samples so labeled
or Illarkefd~, or dog food presen~~-ted to any exhibitor at a dog or animal
SECTION 11. Commercial Bribery.--No member of the industry
shall give, per-mit to be given, or directly offer to g~ive, anything of
value for the purpose of influencing or rewardingh the action of anyf
employee, ageent, or repre'i'lt~-entatie of another in relation to the busi-
ness of the employer of such employee, the principal of such agent
or the represented party, without the k~nowrledgre of such employer,
principal, or party. This provision shall not be construed to prohibit
free and general distribution of articles commonly used for adver1-
tisingf except so far as such articles are actually used for c~onunlerdc~al
bribery as hereinabove defined.
S6ECTION 12. Inaccurate AZd(lfrt;! isi.---No member of the industry
shall publish advertising (whether printed, radio, diisplay or of any
other nature) which is mlisleadtingr or inaccurate in any material
particular, nor shall any member in any way misrepresent any goods
(including, but without limitation, its use, trade-mark, grade, qual-
ity, quantity, origin, size, substance, character, nature, material con-
tent or p~reparation) or credit terms, values, policies, servicese, or the
nature or form of the business conducted.
SECTION 13. m97CC-ltrrate Lak;Te72lng.-No- member o~f thre industry
shall brand or mark~l or pack' any goods in any maznner which is in-
tendedt to or doe~s decerive or mislead pu~rchasers with r~esp~c~t. to the
brand, grade, quality, origin, quantity, size, suibstancee charancter,
naturre, finish, manteria~l content or pr~eparationl of suich goodl.
SECTION 14. LJ(Lecefit .'d COnfedne71Cr..-NJo members of thle industry
shall uise a dece~ptivelyr sha~e~d o~r slack~ filled conta~inler or give short
wreighlt or measure or count.
SEC'TION 15. Un71fa~ir In2terfer"ence withrn Com yetitor's Business.--No
members of the? indlustryr shall unfairly interfere with a rcompetito-r's
business, by uttering false statemni~ts about his buisiniesis or by un-
fairly dispa~ragingr his bu~inless or p~rod!uCt or` by indlucing a breacrh
of his contracts.
SEC'TION 16. 601Coorination1 with Othr~l Codes.S.-The indus~try recog~-
nizes the desirability of uniform trade practice provisiorls for all
food and grocery manlufac~turing codes; and in the -event thle LAdmnin-
istrator recommends uniifor~m trade practice prov,\isions designedd to
accomplish thiis purpose, the: industry pledg~es itself to coopera~rte
withI himt in, secur~ing the addcit.ion of such acceptable provisions to
this Code, or in securing th ame~ndmnent of any~ acceptable trade
practice provisions now in this Code which are dlift~relt, fr~om those
recomzmenided by him.
~Anncia X--Onaa~uizArIon, Powns,~R6 asN DUrrrES OP TH~E: CODE:
SECTION 1. There shall forthwnithf boe constituted a Code Aiuthor'ity
of seven (7) mlemnbers, truly .repr~esentati-e -of the indullstr~y, of which
.five (5) member shatll be seleet.e~d by> t-he members of thle Associa-
tio and twoC (2) members shall be~ appoinite d by the Aldministratior
to represent those members of the indlustry no~t mn~llembe of the Asso-
ciation. Each member of thei Code Auth.~ority~ ,chall servet for oe
yer, unless w1ithin thant time he submitsi his resiginat ioni in writinlg to
the Cod~e Authority. In case of vacancyl~ by dleath or res~ignation of
members the vacancy shall be filledl by selection in the samle malnner
as thle or~iginal lmember whose vacancy is being filled w7as selcc~tedl.
In addlition to mnember~ship of thne Code Aulthor~ity as above pro-
v~ided, there m~ay be ons to three mnemb~ers, without vote, alppoi nted b~y
the Admlinisjtrator, for su~ch terms aEs hef may~ dlesignate. Within
ninety (90) days after the effective dlt~e, of this Ctode, the CodeC ALu-
t~hority shall submit for th~e appr~oval of the Administr~ator a plan
for the election of the rCodle Author~ityS fol3r yars followngln the fir-;t.
Upon approval by thte Administ~rator this mneth~od of elections shall
beconge effective and shall be followedi in all thle selection~ after thle
one hereinbefore provided, and an election may1S h1 -required~c tler~e-
ulnder within tihei first y'ear if the Administrator shall so re~quir~e.
Sr.cnowN 2. Each trade or industrial associationn dlirectly or indli-
r~ectly participating in the selection or activities of thelCiode Aul-
tho rit~y shall (1) impose no inequitable restrictions o~n mlember~ship,,
and (~2) submit to the Administrator true copies of -its Articles o~f
association, bylaws, reiulat~ions, anrd any atmendments when madle
thereto, together with such other information as to membershiip,
organization, and activities as the Administrator mnay deem neces-
sar~y to effectuate the purposes of the _Act.
SECTION 3. In order that the Code Authority shall at all times be
truly rep!rccresetative of the industry and in other respects comply
with the provisions of thne ~Act, the Admnini-tratorl may prescribe,
such hearings lI- he may deem proper; and thereafter if he shall fintd
that the Code Authority is not truly representative or does not in
other respectscl- comply with the provisions of thie Act, ma~y require
an appropr'liaite modification in the mnethrod of selection of the C~ode
SECTION 4. Nothingn conlrtained~ in this Code shall constitute the
members of the Code Autlhority partners for any purpose. Nor
shall any mlember of the Code Ahuthority be liable in any manlner to
a~nyone for any act of anyr other member, officer, nee~nt. or employee
of th-e Code. Authority. Nor shall anly member of the Code Author-
ity, exer~lci ing~ reasonable diligence in the conduct of h~is duties h~ere-
under, be liable to anyone for any action or omission. to act under this
Code, except for his own wilfully misfeasance or nonfeasanlc~e.
SECTION 5. Powers and Dur;Le.s.-Subject to such rules and regula-
tioans as may be insured by thie Administrator, the Code Authority
shall have thle following~ powers and duties, in addition to those au-
t~horized by other provisions of this Code.
(a) TFo insure the execution of the provisionsI1 of thlis Code and to
provide for the compliance of the indus~ltry? with thle provisioons of
(b) To adopt by-laws and rules and regulationsl for its procedure.
(c) Thle Code Atuthority shall cause to be formulated an necocunt-
ing system defining the elemrl~nts of cost and the methods of cost
finding andl/or esctima~ting suitable for the ind~ustry3 and capable of
use by all members~ll' of the industry, andc shall inform them thereof.
Upon the approval of such system by the Administrator each mnem-
ber of the indtustry shall use the principles thereof to cleterminle the
cost of hlis dog" foodt under this Code.
(d) T'o obtain from membert of the indrlstr~y such information
andi reports as are Icjreqiredl( for the administration of the Code. In.
addition to informatl~ionl required to be submitted to the Code ~Au-
thority, members of the indlrctry~ subject to this Codte shazll furnish
such statistic al information, as the Adminiis I;trator mayT dleen neces-
sar~y for the purposes rec.i~~te in Section 3 (a) of the Act to such
Federal a~nd Stat~e agencies as~ he may darignate~f; provided thaut noth-
ing in this Code shall re:ieve any mn~llembe of th~e indlustry of any
existing obligations to furnish reports to a~ny Government agency.
NoT~ individual report shall be disc~lo ed~ to any other member of the
industry or anly other party except to weC' 1 )ll oth Governmental
open~c~ies as may be dir~c~tedt by thte A~dministrator.
(e) To elect a representative to serve on anly conference or ad-
visory'3 consrlittee~ which, may' be established by the Admlinistratof Cr for
the entire grocery m~anulfac.turlling industry, and to consider recom-
mendt ~li:,ns formulated by such. committee and approved by the
Adttmi nistratorl, for thfe modification of this Clode.
(f) (1) It being found necessary to support the Administration
of this Codle, in order to effectuate the policy of the Act and to
maintain the standards of fair competitions established hIer~eunder,
the Code Authority is aulth~orizedc:
(a) To incur sucrh reso~nable~P obhligAt~ions as are necessary and
proper for the fol~reoing ur~poiies and to meet such obli-
goations out of funds whl i shall be held in thrust for the
pu'rp'oses of the Code and raisedt as hereinafter p~rov\ided;
(b) To submit to the Admninistlrator for hnis approval subject to
such n~otice and opportunity to be! heard as he may deem
", 1. A~n itemlizedl budget of its estimated expenses for the
foregoingr purploses, andI
2. Atn equitable basis uplon which the funds necessary to
supplort such budgl~et shall be colntribulte d byr all
members of the Indlustry entlitled to the benefits
sneering from the maninteniance of such. standards,
and thne administrantion thereof ;
:(c) .After such budget and basis of conltr~ibution have been ap-
; proved by the Admninistra~to r, to dleterm~ine and collect
equlitable contributions as above set forth, and to that endr,
if necessary, to institute legazl proceedings therefore in its
(2)~ Eachl member of the industry shall boe liable for his or its equi-
table contribuitionl to thre expenses of the maintenance of the Code
Authority as hereinlabov-e provided. Onlly members o~f thle industry
compling with the Code and mak3inlg such co~ntr~ibution shall be
entitled to participate in the selections of the members of the Code
ALuthority or to rIeceive th~e benefits- of its volurntaryT activities or to
make use of any N.R.A. insig~nia.
(g) To cooperate with the Admin~ iistrator) in regulatinrg thie use of
any N.R.A. insignia solely by those membrslc of the industry w~ho have
assent~ed to, andl are comnplying with, this Code.
(h) T'o r~ecommendn to the Admlinis;trantor further fair trade prac-
tice provisions to govern mlembers of the industry in, their relations
wit~h other industries andi to rec~ollnunend to the Administr~ator meas-
ures for indlustr~ial plannningr, including Stab~ilizationl of employment.
Nothing in the fo~egroing, shall ]lmit, the r~~yiht of any member ofi
the industry directly to r~econu~nend~ any addcitionr to or modificaz-
t~ion of this Cod~e.
(i) To investigate, subject to such? rules and regullatio~ns as mjay b~e
established bny the Admrinistrator, alleged violations of this Code,
and~ to present to the Adml~inisjtrato r reports of its invrestigations of
such alleged viola~tionls. Nothinlg in the foregaoing sh~ll limit th~e
rigt o an meberof he ndutrydirectly to appeal to the Adl-
mi nistrofator f m an y ction of ~e i thes Co d e A ult horit y.
(j) Tro appoint such executives, to engag1e such assistalts, andt to
orgamnze such committees as may bte appropriate~ to admiiniste~r this
Code. The Administrator may appoint a representaive to attend
the meetings of such committee without vote and without expense
to the industry.
(k) To invlestigrate and inform the Pr~esident as to thle effect of
im~portation of competitive products into the United State~s.
(1) Standards for safety and health shall be suibmitted by the
Code Authority to the Admrinistrator withiin six (6) months after
the effective date of the Code.
SECTION 6. If the Admninistrator shall determine that aniy action
of the C~ode Author~ity or any agency thlereof many be unfair or
UNIVERSITY OF FLORIDA
1111 I illlllll III UllIIllll II I
110 3 1262 08594 5755
unjust or colntraryy to the public interests, the Administratto r may
require that such action be so1--penlrule to affordt an opiportulnityfr
investigation of the melrrits of such action and further c~onsidlerationl
by such Code Authzority or agency pending final action, which shallI
not be effecltivet unless the ALu,-inII1tra~tor approves or unless he shall
fail to disapprove after thirty (30) days notice to him of intention
to pr~ceedi~c with such. actions in its or~iginall or modified form.
SECTION 1. This Code shall not apply to export trade or to sales
or shipments for expor~lt trade, except that the employment prlo-
visionsl, wage, ]hour and generatl labor c~ond'itioln s of this Code shall
apply to t~he domesit~tir- manlufacture of dog1 food for export.
ARTICLE X;IT-1/~TI-MnICer\I ONs
SECTION 1. This Code and all the provisions thereof are expre~csslyr
made subject to tlhe right of the Presidenrt, in. accordance w\ithl the
provisions of Section 10 (b) of the Act, from. time to t ime, to cancel
or modify any order, approval, licenses, rule or regrulation issued
under the A-ct.
SCEC`TIc ON 2. ThiS Code, except as to prov,\isionrs r~equired~ by the Act,
may be modified! on the b~acis of experience or changes in c~ircumn-
stances, such modifications to be based urpon-application to the Adc-
ministrator and such notice and hearing aps he shall s~ec~ifyr, andi to
become effective on approval.
AuRICuE: XIII-MOcrNU.POLIJES, ETC.
SECTION 1. No provisions of this Code shall be so app~liedl to per-
mit monopohies or monopohistic prac~ tices, or to ell~nunate, oppr,'es or
di.s:l~rlruninate against small ntllerp~rises.
INKTIC'LE XIV INTERPRETATIONS
SECTION 1. The Administrator or t~he Codre AuthorityI, with the ap-
proval of the ~Administrator, muay fl(roml fitim to time issue such ad-
ministrative interpre~trt illns of the prov,\is~ionsl of this Codle as may?
be necessary or advisable for the effectuantion or clar~ifie~ntionl of it's
SECTION 1. WhBereas the policy of the Act to increase r~eal pur~chas-
ing power will be Ilacde impossible of cocnsumulllntion if prices of
goods~l and services in~crnc~.-e as rapidly as wages, it is Irecognizedl that
price inleass excepj~.t such.I as mlay be required to meet individual cost
should be declaryed, but when made such increases should so far as
possible be limited' to actual additional increases in the seller'~s costs.
AhTCICE XVI-EF~IFEC.TIV'E ,ATEI
SECTION 1. Thi~s Clod~e shall become effective: on the second M~onday
after its appr~oval.
All-rc;\ (1 C~od~ No. 450.
Registry No. 10.!. -(ri.