NATIONAL RECOVERY ADMINISTRATION
S UPPLE ME NTAR~Y
CODE OF FAIR COMPETITION
CARBON DIOXIDE INDUSTRY
For sale by the Superientenen f D~ocments, Washington, D.C. Price 5 ecntaf
Approved Code No. 2715--Supplement No. 2
Registry No. 699-250
(A Division of the Chemical 1Manufacturing Industry)
AS APPROVED ON MAY 4, 1934
WE DO OUR PARtf
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Approved Code No. 275~--Supplement No. 2
SUPIPLEMENTAIRY CODE OF FAIR COMPETITION
CARBION D%]r3IOXIDE INTDUSTRYT
As Approved onl May 4, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR TH-E CARBON
A DIVISION OF THEi CHIEMIICAL MAINUFABCTURING INDl'sT!:
A~n application having been dully 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 Supple-
mental Code of Fair Competition for the Carbon Dioxide I[ndustry
to the Code of Fair Competition. for the Chemical Mianufacturing
Industry, and hearings having been dully heldl thereon and. the a~n-
nexed report on said Suppleml~ental Code, containing findings with
respect thereto, having been made and directed to the `Presidient:
NOW~, THEREFORE, on behalf of the Presiden~lt of the United
States, I, H-ugh S. Johnson, A~dministrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6343-A4, dated D~ecemnber 30,
1933, and otherwise; do hereby incorporate bly reference said annexned-
report and do find that said Suppelemental Code complies in all re-
spects 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 Fa~ir Competition be and it is hereby ap-
proved; provided, however, that the provision of Article IV, Section
4, Contractual Relationship with Jobbers and/or Distributors, shall
remain in force only for a period beginning with the effec~tiv-e date
of this Code and ending on the last day of the sixth calenanr11 mlcnth~
thereafter unless such period shall be~-extended by the Adminiitra1-
tor; and provided further that the provisions of Article IV, Section
2, insofar as they: prescribe a waiting period between the filing with
t~he Code Aluthority (i.e. actual receipt by the Code Authority) and
the effective date of revised~l price lists or revised terms and conditions
of sale be and they are hereby stay-ed pending my- further order.
HuanH S. JoHNSOn,
Admlni~nistrator for Indust~r~iasl Recovery.
GEORGE L. BERRY,
Alay 4, 1934.
569ser 544-so-as-8 (1)
REPORT TO THE PRESIDENTT
Thle TWeite How~e.
Sm: This is a report on the SupIplemental Code of ]Fair Competi-
tion ftor tlhe Carbon D~ioxide Industry, a division of the Chemnical
Manufacturing Industry, the hearing having been conducted thereon
inr Wash~ington, D.C., February 21, 1934, in. accordance wpith the
provisions of Title I of the Natiional Inldustr~ial Recov~ery Alct.
The Carbon Dioxide Indulstry as represented by The Carbon Diox-
ide Inrstitute, being truly representative of this D~ivision of the
Chemical Mn~nnu facturing Industry, has elected to avail itself of the
opton f sbmitin a uplemnental Code of Fair Competition as
provided for in Articles X n I fteBscCd o h
Chemical Manlufne~turingr Industry approved by you on the tenth day
of February, 1934.
Riscur~oi O THE CODE
A~rtic~le. I states
"Arll prov'li"ios of the Code of Fair Comnpetition for the Chemical
MaInufactur~ing Industry, as ap~provedl byr the Presidlent on Fieb~ruary
10, 1934, are hereby incorlporatedc byr preference as though completely
set forth hecrein."'
Inasmulch. as the Basic Code for the Ch~emicazl Ma~nufacturing:
Industry, of which the Carbon Dioxicde Ilndustry is a division, con-
tains the labor~ provisions and as one? of the principal objects in
having a basic code for the Chemical M~anufacturingr IndusryT was
to furnish a master code for thie entire Indlcustry wshic~h covered wages
and hours for all chmcalllr~ products produced by the same company,
the labor prl~o\isions spec~ifi~ed in the B~asic Code for the Chemical
Manrufacrturling Inlu~stry aire those applyinlg to the ]Division of the
Cubat~cn Dioxid~e Indlustry.
Art ic~le II gives the nccessa ry defin itions applicable to this Division
of the Chemiiial Mai~nufacturing Industry. Although the B3asic
Codle for the Chemllicalj Manufacturingr Industry is a code for man~u-
factullres, this Supplemerntary Cotle defines jobbers and distributors
withi n the meit Iropotitaln areas of plant anld/or warrehouse cities and
this limited~ numbercI of jobbe~rs is bound byr te qulfCod to observes
certaiin of the rade plnl' Irnetfic'e provisions in hqulfemanrs
decscribcd latcr in this repor~t.
Article III establishes a Code Authority consisting of the Ex-
ecutive Committee of TIlhe Carbon Dioxides Institute and one member
of the Industry elected from those members of the Industry who
are not melmbers~ of The Institute or appo0inted3 by the Administrator
if they fail to elect not more than three members to represent, the
ALdministrator 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
given a great deal of consideration in order that the Industry's re-
quirements for eliminating destructive price competition may be
adequately met without conflicting with the policies of the various
advisory~ boards of th~e Administration.
In this connection, Section 4, Contractural Relationship with Job-
bers and/or Distributors, requires that every member of the Indus-
try shall enter into a written agreement with his robbers and/or
distributors as previously defined, whereby such Jobbers and/or
distributors agree to file price schedules in accordance with Sec-
tions 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' ACldvisory Board and of the D~ivision
of Research alnd Planning, pointing out the possible detriment to the
consumer in the application of this provisions, 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 sixthcalendar mont
thereafter unless such period shallbeetndbyheAmn
The Dephty 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:
(aZ Said Supplementary Code is well designed to promote the
policies and purposes of Title I of the National Industrial Rtecovery
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 orgatni-
zation of industry for the purposes of cooperative action among the
tande mngroup, bynducin and maintaining united action of labor
and anagmen undr aeqluate 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 pr~~roduct thro~LVUY ~LVugh increasing Ipurchasingr
power, by reducing and relieving unemployment by Improving
standards of labor and by otherwise rehabilitating industry.
(b) Said Industryr normally employs not more than 50,000 em-
ployees; and is not c-lassified by mle as a major industry.
(c) The Supplementary Code as app:r~oved complies in all respects
with thie pertinent provisions of said Title of said ~Act, including
without limitation Subse~ction (a) of Section 3, Sutbsection (a) of
Section 7, and Subsection (b) of Sct lon 10 thereof ; anid that the
applicant institute is an. industrial assoc.cinlt on truly representative
of the afor~e.:aid Industr; and that said institute imposes no in-
equitable re~strictionls on admission to membersh "~la'ipl ther eein.
(d) The Supplementary Code is not dlesinetoadwlnt
permit mnonopotlies or monopolistic practices.
(e) The Supplemnentary Code is not dlesigned to and will not
eliminate or oppress small enterprises and will not operated to
discriminate against theml.
(f) Thnose ln~gaged in. other steps of the economic process have
not been deprived of the Iiright to be heard prior to approval of said
For these reasons, therefore, I have approved this Supplemnentary
ThoJUG 8. JOIHNSON,
D A ~Adm2inistr~ator.
~MAY 4, 1934.
SUTPPLEMIENTARY COD>E, OF FAIR COMPETITION FORE
THE CARBO0N DIOXIDE INDUSTRY
A DIVISION OF THE CH-EMICAL~ MANUFACTURING INDUSTRY
~ARTICLE I -PURPOSES
To effectuate thle 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 Div~ision of
the Chemical Manufacturing Industry, supplemental to the Chemical
Manufacturing Industry Code, and upon approval by the Adminis-
trator shall be, in conjunction with the basic code of the Chemical
Manufacturing ]Industry, the standard of fair competition for this
All provisions of the Code of Fiair Competition for the Chemical
Manufa~cturing Industry, as approved by the President on February
10, 1934, are hereby incorporated by reference as though completely
set forth herein.
ARTICLE II -nEFINITIONS
The term Carbon Dioxide Industry as used hnerein means the
production or conversion for sale of Carbon Dioxidie in all of its
physical phases and/or forms.
T'he term Memnber of the Industry includes anyone engaged
in the industry as above defined, either as an employer or on. his ows~n
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 wvho pur-
chlases 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 IndustryT maintain plants and/or warehouses.
The terms President ", A~ct ", and Administrator as used
herein shall mean respectively the President of the U~nited States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
TIhe term I~nstitute as used herein shall mean the Carbon Diox-
ide Institute, Inc., a corporation organized alnd existing pursuant to
the MIembership 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 atnd from
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.
ARTICLE I[II--ADMINI Is TRATION
SEc"TIONs 1. The Exc~cutive Comm~ittee an~d one Miember of the
I[ndu~stry,1 who may be elected from those Members of the Industry
who are not memb~er~s of the I~nstitute or appointed by the Admimis-
trattor if they fail to elect, is hereby constituted the Code Authority
for naminis~te~ring, s~upervising r and promolncting the performance and
observance of the provisio-ns of this Code.
SECTION 2. The Administrator mnay nam~e, without compensation
fr~om the Industry, not more thnan three (3) m~ember~s who shall have
the right to attend~ all meetings of the Code Aulthor~ity dealing: with
quesc~tions~ concerning the admlinistra~tion of the Code, but such repre-
senta~tive shall have no vote.
SECTION 3. The Code Authority mazy use such trale, associations
and other agencies as it deems proper for the carrying out of anry of
its activities provided for herein, provided that nIothing herein shall
relieve the Code Authority of its duties or responsibilities under this
PECTION 4. Members of the Industry shall be entitled to participate
in and share benelrfits of thne adm-linlist ratio~n of this Code and ini any
revisions or addlitions~ there~to by assenting to and comnplying wijth
the requirements of this Code and sus~taining their I~resonable share
of the expenses of its admninisrtrnt io-n, by becoming a member of The
Institute, and/or by paying to the Code Authority his pro rata share
of the cost of c re t inIg and of adm IIi nIi ter i ng this Code. Such pro rata
Thn re of the expenses shall be determined by the Code Au~thority on
the basis of volume~t of business and/or such other factors as may be
dleemed~c equitable, subject to review by th~e Admlinistrator.
SCECTION 5. Each~ trade or industrial, association directlyg or indi-
rectly participant ing in the selection or activities of the Codek Author-
tyshall 1)ipenoilequlitabll e restrictions on miembleriship, andl
()submit to the Admrinistrator for his ap~proval true copies of its
articles of a~sscinflon, by-laws, regulations, and any amuenime ents
when mladle thereto, toge~therl with such lt~her information as to
membe~lirship> organization, andi activities as thne A8dministrator may
dleeml n~ce~ssary to effectuate the pur'poses of the Act.
SECTION 6. 1In order that the Code Authority shall at all times be
truly represet~;cntativ~e of the~ I~ndulstry~ and in other respects comply
with the prov\isjion s of the! Code andc of the AI)ct, the Amin-:Istrator
may pr~escribe such hearings as he may7 deeml proper; and thlereafter
if he shall find that the Code Authorjity is not truly replresentative~ or
doeits not in. other respects comply w-ith the pr~ovisions of t~he Codle and
of 12the Act, may require an appyrolr~iate mod~tification in th~e comnposi-
tion and mnethod of selection of the Code Atuth~orityS .
SEC'TIONS 7. NOflling~ cOintlned 18i 6111 Cotle shall cONlStitultr tl10
memberlH'Is of theC Code YAuthority partners for any purpose. Nor shall
any nIICInher'I of the! Code Atuthority be liable in any" malnner to anyone
for anyl~ a~t~ of any7 other members,, officer, agent or employee of the
Ctrdl Authorit~y. Nor shall any mem~ber o~f the Code Au~thority,
exe(rcis~in Ire no.lr l~ble IIiligc~ncer in. the condicuct of hiis duties hereunder,
hie liable to anyn~c e for any anctionl or tmiisision to act undetlr this Code,
ecepclt forI his own wtillful mnisfensancelc~ or noln-feasance.
SECTION 8. The Code AuthorityS shall obtain. from memnber1s of the
Industry such data and statistics, which shall be submitted by each
member, upon its request or upon the request of the Admlinistrator,
as are! required for t~he administration of this Code, except those in
relation to number of employ-ees, hours of labor and rates of pay-,
which are collected by the Chem~ical Alliance, Inc., in accordance
with Article V, Section (a) of th~e Code of F'air Competition for the
Chemical Manufacturing Inldustry. The data and statistics called
for by thze Code A~uthorityr whichr are of a confidential nature shall
be collected by a disinter~estedl agency or confidential agent and shall
be revealed by such agency or agent only in summary form.; provided
that when an alleged violation of any code provision occurs which
requires the collection of data and statistics of a confidential nature,
the disinterested agency or confidential agent shall reveal the data
and statistics furnished by the alleged violator if thte alleged viola-
tion is sustained or is in doubt.
SECTION 9. I~f the ~A~dministrator shall determine that any action
of thie 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 inlvestiga-
tion 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 Admninis~tr~ator approves or unless he shall fail to
disapprove after thirty days' notice to himt of intention to proceedl
with such action. in its original or modified form.
ARIrrCLE I[7-- GENERAL; TRADE PRcACTICE PROVISIONS
SECTION 1. Price Lists.-Within fifteen days arf~ter the effective
dlate of this Code each member of the Industry shall publish and
file with th Code Authority, upon forms and under rules and regu-
lations 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 of sale for Carbon Dioxide, including the terms
which apply to cylinders anld/or other containers. The Code Au-
thority shall immediately send copies thereof to all known members
of the [Industry in the regions where the aforesaid price lists apply.
SECTIN 2. HeR~'iseCd Price L~ists.--Revised price lists mnay be filed
fromt time to time thereafter with. the Code ~Authority- by any Mreml-
ber of the Industry to become effective five (5) days from the dates of
receipt of the revised price list. A copy of eachl re~vised price list,
with notice of the effective date thereof, shall be sent promptly by
the Code Authority to every known Member ofi the ]Industry in the
regions wclhere the aforesaid revised price lists apply. ASny Member
of the Industryr may file a new or changed prilce list to met~et the
terms of a competitor's price list and to become effective upon the
date that the competitor's price list becomes effective if a copy of
the new pries list is filed with the Code Authority before such
SECTION 3. ddheec to C6 ZO LFtsC 'f.---NO Member of the Industr~y
shall sell, directly or indirectly, by any means whatsoever, Carbon
SBee paragraph 2 of order approving this Code.
Dioxide at a price lower or at discounts greater than those published
by him nlor shall he sell on terms of payment or conditions of sale
which differ in any respect from. those provided inl his current price
SECTION 4. COntfadctula Rlationship with Jobbers and/or Dis-
tribiutors.--Every Member of the Industry shall enter into a written
agreement with his jobbers an~d/or distributors within thle M~etro-
politan areas of plant and/or warehouse cities wh~lerebyr such jobbers
and/or distributors agree to file price schedules in accordalnce wlith
Sections 1 and 2 of Article IV of this Code and to abide by Sections
3, 5, 6, 7 a~nd 8 of Article IV and Section 2 of Article VI an~d Sec-
tion 2 of Atlrticle VI[. TPhe Code Authorityr shall require each. MSem-
ber of the Industry to file a copy of each agreement which he may
make with a jobber and/or distributor.2
SECTION 5. Misrepreseli ntation or False or MideadcinLg Adverths-
ing.-To falsely or misleadingly advertise, label or brand any Solid
Carbon D~ioxide or container of Carbon Dioxide shall be an unfair
SECTION 6. False iMarkXing or Brnig-oplace d~eceptivel
brands or trade marks, or brands or trade maarks similar to those of
other Memllbers of the Industr~y on anyv Solid Carbon D~ioxidle or anly
container of Carblon Dioxide shall be an unfair tlnrade practice.
SCECTION 7. Inteff670cP/c/ II'///L COlzrafualW REc7lfaGO.;--TO IBlil-
ciousIly induIce or attemp-t to indulce tPhe reach of a1n ex;;istin conltraBct
between a competitor and his customenlr or source of supply or to
maliciously interfere with or obstruct the performance of any such
contractuali duties or services shall be an unfair trade practice.
SECTION 8. Secret RobEates.--No Mlember of the Indullstry shall
secretly offer to make or mlake to any customer anmy payment or allow-
anlce of a rebate, refund, commission or credit; or give any unear~nedl
discount or excess allowances, whether in th~e form of money or
otherwise, except as published in their price list, nor shall a M~ember
of the Industry offer or extend to any customler anly special service
or privilege n~ot extended to all customers of the bsamel Class,~ for tlhe
purpose of influencing a sale.
Annac~.r- V-SomeI C.\nnex.I DIOXIDE rCECTION TR.\DE PRACTICES
CEC.TION 1. Ed'perimentedf~ and Develop~en~t Uses.--No free sample
shall be given except that for the purpose of elc~oura~ging~ thet dlevel-
opmen~llt of newt uses commrcl~iallyy a reasn.4c ab~le qualntityy of Sjolidl
Carbon Dioxide may be furni hed~~ to a perspective pur1chasei r or sold
below the publlishedl schedulclle of prices, provlidled that such purchaserr
has~ not previously pur~~chased Solid Carbon. D~ioxidc (onunercl'~iallly
for any purpuse~~ and further provblledl that such 3r~1llinher of thle In-
duzstry shall furnish the Code Authority w\ithl thet unum111 and address'~~
of snii'ch prospec"tive purlChawer(~I, toge~ther w7ith informal~tionn as to thei.
inltmleld use of Solid Carbo~ln D~ioxside, the p~rice~ per' pound, dis-
counts, terms of paymetnt and ('nallitionsl- of .salel appl!-ing to such1
Solid Ca~rbon, I Dioxid~e furnished to such p~rotsperctive pur1chase~r. h
informa:It ion is to be runw il~idered ;Is confI ilent ial by! thec Colle~ AuIIthority
and1( .shall not b~e dlisilclose to any o~ther Member~cl of theC Twl~nstrflY.
a See parag~raph 2 of1 order approving11 this Code.
SECIN 2. IMi8H8e Of Co~ntainrr..--TlO furnish Solid Carbon Dioxr-
ide for use in containers which ~bear another's identification marks
without thre permission of such other Memlber of the ICndustry e~vi-
denced by a bill of sale, lease or other instrument in writing shall
be an unlfair trade practice.
ARTICLE ViI-LloomUI CARBON DIOXIDE SECTION TRADE PRACTICES
SECTION 1. Delinpudr~L Cylinldcff Gai Container ACCOW//48.-ach
Member of the Industry of the Liquid Carbon Dioxride Section shall,
once in each period of ninety days, file with the C-ode 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.
SCIECTIO)N 2. 2Mi8U88 Of C;ONtainrs7.--TO fill withi,or use in the trans-
portation of, Liquid Carbon Dioxide any container which does not
havre the official approval which m~ayT be required by anly Ftiederal,
rState, Municipal and other G~overnmental agencies or departments,
or those which bear a, competitor's identification mark wi~t~hout 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 -MODIFICATION
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 required by the
National Industrial Recovery Act to be included herem 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
amnendments to this Code applicable to one or more subdivisions of
the Carbon Dioxide Industry.
Approved Code No. 275--Supplement No. 2.
UNIVERSITY OF FLORIDA
llII iill ~ iIOI I I lIIIUUIIII ll
3 1262 08850 4500