NATIONAL RECOVERY\ ADMINISTRATION
COD F1 oF AIR COllPETITION
I ,F(OR ~H4
COUNTER TYPE ICE-CREA1M
AS APPROVED ON IIIAY 5, 1934
For sale by the Superintendient of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 418
Registry No. 1328--04
WE DO OUR PART
UNIV. OF FL LIS.
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Supe~rintendlent of D~oc~uments, Gover-nment
Printing Offtice, W~ashinuton,. D.C., and by district olflices of the Bureau of
Forecign anld Domestic Commere.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Buildling.
Boston, 31:Is -.: 1801 Customhouse.
Btuffalo, N.Y.: Chamber of Commerce Building.
('lha~~rlelan 80.: Chlamber of Commerce B~uildling.
Ch ieva,~l IlL : Suite 1C7C0, '.'01 Nor th W~ells Street.
Clevcl~lllan. Ohio: Chamberll~l of Cormmerce.
Dallas, Tex.: Chamberc: of Commerce IDuitlding.
Detroit, Mich.: 801 First N'ational Bank Buildiing.
Houston, Tex.: Chamber of Commeree Building.
Indianapolis, Ind.: Chamber of Commerce ]Building.
Jactksonville, Fla.: Chamnber of Comnmereit Buildling.
Kansas City, Mo.: 1028 Braltimrnnl Avenue.
Los Angerles.i; Calif.: 1163 .Southl Broadway.
Louisville, Ky.': 408 .Federal ]Building.
Memphisi~ T~cnnl.: 229 Fedlcranl B~uildling.
Ntw\ Orleans, La.: Room 223-A, Custombouse.
New Y~ork, N.Y.: T3i-1 rrClustomhouse.
Norlfolk.. Va.: 406 East P'lumec Street.
Philadlrl ph lin1. Pa.: 422 Commercial Trrust Building.
Pittshurllh.1 Pa.: (-hambellcr of Commuerce I:uildinlg.
Portlandl. Orteg~.: T215 New Post O~ffice IBuilding.
St. Louis, Mo.: 506 Oli\ve St reet.
San. Fram-l~;l.l.-o Calif.: 310 Custombohuse.
Seattle, W~ash.: 8001 Fe~derall Office nuildling.
Approved Code No. 418
CODE OF FAIR COM~PETIT'I'ON
COUNTER TYPE ICIE-CRIEAI~M F]RE~EZEIR ~INDUSTRY,
As Approved on Mday 5, 1934
APPH.OVING CODE OF FAIR COMPETITION FOR THIE COUNTrER TYPE: ICE*
Canani\ FREEZER INDUSTRY
AnI appliention 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 appr~oval of a Code of Fair
Competition for the Counrter Type Ice-Cream Freezer Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing finrding-s with respect thereto, having been made
andi directed to the President:
NOW7~, THEREF`ORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pu'rsuant to authority vested in me by Executiv~e Orders of the Presi-
dent., including Executive Order No. 6543--A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
saidl Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HUGHaa S. JorNxSON,
Administrator for Inzdustri~al RIecovery.
Approval recommended :
A. 1R. GLANCY,
Divislion Adm~in istf'ra.tor.
May 5, 1934.
REPORT TO THIE PRESIDENTIAL
The White Howe.
Smr: Th]is is a. report on the Code of Fair Comp~etition for the
Counter T'ype Ilce-Cream 1Freezer Industryr, as revised after a public
hear~ingr conductedr in WTashington, D.C. on February 20, 1034, in
atccordance withn thle prov,\isionls of thce National InduLstr~ial ]Recovery
This Code provides for a maxrimum work w~eeki of 40 hours except
fo~r empllloyeest' o1 n emrg~encS maintenance and emlerg~nc~y repair
work, and with certain other exceptions. During perlodls of peak
demalndc, em11ployees may be ptermitted to workr 48 hours per week
inl any six weeks in any six months' period. Office employees maLy
be permitted to work 48 hoursl per week, provided thnt- the average
time worked by such employees, over any period of four weeks, shall
not exceed 40 hours per week. The Elmitations in work~ing hours
shall not apply to pelrsns engagedt in. executive or supyervisory work
who receive $335.00 per week or mocre, or to outside salesmuen. Watch-
men shall1 be permitted to wvorkr not in. excess of 56 hours per week.
This Code es~tablishes a minimum rate of pay of forty cents per
hour, with certain exceptions. regardless of whether the compensa-
tion is based on a time rate, piece-r~ate or other basis. The mini-
mIum rate for offi~c wrorke~rs).shall be ~15.00 per wreekr in cities of
over 500,000 population, w5ith lesSer rates in smaller cities, the low-
est beingt $14.00 per welek. Office boys andl girls andl learners shall
bet paid not less~ than. 80 per cent of the mninimnumn wrng cov~eringa the
c~lass of woc:rk in which. they are! employedc, and handticaP ped~' persons
may be! emp~lloyved on light wor~k at a wage~t below the Inunimumn with
the na~l.t ion of the app~ropriate Stalte author~ities;; b:ut. ther numblller of
such employees is limited. PIrovisio~n is ma~de for an equitabl2e ad-
justmentr n of wage-1. above the m~inimulm. Thne rate for hourls worked
overtime shall be one and o~ne-half times the normal ralte. FEemale
emYplavcc' lar-'fntr-min~r substaintidly the :ame wor~Ik as muale (em-
pkiyee's~ shall receir~ve the same rate of p~ay.
ECON0Mif~JI EIFEICT O]F TH"EIE (CODE
Therel~ is orea;t diicrc pancy3 between the inlformantionl shlown in the
aplplication subm~itted~ byv the Industry in presenc~lting~ thle Code1 and
tha~t set forthi in ther sta~tistica~l anralysis of thle Researllchi andl Plan-
nig ivsin.The fol~lrmer indientis that sales~ inclcreased from ap-
p"rclsinaltely3 $400,00O0 in 1!,L0 to $2~.r500.000 in 1933l. whlil thle Hr-
ar-h~111 and Phonlrin~ repr!clt list-, total sales at sons~.cnuc~nl anc l0.000l
for the.-allrne pe~lriod.l T,;kew ice, thec employmen11~rl t esima ctes colnti ned
in thle application show an increase from 1,000 employees in 1929
to 9,000O emlployee~cs in 1933, while the Resear~ch and Planning analysis
indiclt~es a maximum employemet for any period of not more than
Thle data furnished to the Division of Rtesearch and Planning,
basd o qestionnaire returns from the IndluitryS, are insufficient to
bs indicated: t~he reemployment which might be effectedT if the present
volume of business were con~itinuedi~. Based on the percentages of
the number of wrage earners receiving less than. the minimum wage
provide~d in the Code, the adoption of the proposed. minimum will
cause an increase inr the payrolls of this Industry.
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all the
pro'eedlings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate an~d foreign
comlmerce~ which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for 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 elimi-
nating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive capacity of industries, by
avoidinng undue restriction of production (except as m~ay be tempo-
ratrily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, byT re-
ducingr and relieving unemployment, by. improving standards of
labor, and b~y otherwise rehabilitatingp industry.
(b) Said Industry normally employs not more than 50,000 emz-
playees; and is nlot classified by mea as s, major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limnitn-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
'Subsection (1,) of Section. 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
saidl Industry; an~d that said association imposes no inequitable
restrictiojns on admission to membership th~erein.
(dl) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) Thie Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discrim~oinate against them.
(f') Those engaged inl other steps of t~he economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons, this Code has been approved by me.
HUGH S. JOHr~sNSO,
1\f AY 5, 19342.
CODE OF` FAIR CO1MPETITIONiJ FOR THIE COUNTER TYPPE
ICE-CIREAQIM FREEZER INDUSTRY~
To effectuate the policies of Title I of the Nat~ional Industrial
Recovery A~ct, the following provisions are established' as a Clode
of Fair Com~petition for th~e Coun17te~lr TpIce-ream Freezefr tIn-
dlustry,) and shall be the standard o arcmeiinfrt
Industry and shall be binding upon every member thereof.
SECTION 1. The term Counter Ty~pe Ice-Creamz Fireezer Indus-
try or" Idusry "as sedherin inelues th~e mainufacturee for
slthe assembly for sale, and/or installation (b~y thne mannufac-
turer or us-nthler)ll~~ of all types of Counter Ice-Cre~am Fireezers
and/or Commllercial Freezer~s of five (5) gallons or less capacity,
or c~ompoc.nent, parts thereof.
SECTION 2. TIhe termll M~embler of the I~ndustry ") or t.he term
" employer as usedt hcrcinl inlc~llluds, but without. limitation, any
individual, par11tnersh~ipl assciation,on cor~poraton, or o-ther form o
enter~prise e~~ngaged in the Indtustry, either as an employer or on
his or its own behalf.
CE(`TroN 3. The term "' employees '" as used~ herein includes any andl
all persons engagedr~ in the Industry, rowev~er compen uted,~ttl except
a Membnl.er of thne Indus~tr.
SI:c7roN 4. The term 'kssueinotion as us~ed herein is defined to
nwar~n the Nationn]a Asscc~iatio n of Countetr Firee~zer MaT;nulfacture rs
Sec~iTI(ox 5. The termsl "L President ", "'Act "", and "(AdmlinIist rator "',
as used~c herein shall mean, respc.~~tively, the Pres~ident. of the United
States. Title I of the Naiti~nal Indlustrial Recovery Act, and the
Admninistrato-r for IndusltrinI Recovery.
SECTIN 6j. Population "" for the purp~oses of this Codet shanll be
dctermninedl byT refer~elc~e to the IntesYt Fedclr~al Census.
SCEcrrow 1. Nro etmployee sha~ll be pecrmittedt to w-ork; in excess of
forty (40) hoursI inl any olne week~l or eight (8) houlr~s in anty twepnty-
four (24) hour period or mlorec than. six (6i) dayl!s in anyl seve'tn (7)
dyperiodl, ec-eplt that:
(a~) T~he maxi nunl hourl'S fixed1 herein shalll not applly to~ em-
vavig realolnl wns or pi~~ro.tectio of life orn property, buit, in any
suich spcCial eCer, att CleaSt one11 ad)( onel-hnll'f (14l) thiis thel normallll
ra~te shanll be paid for ]rl'hor workedn1~ inl eceSs'~ of' weight (8) hours
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 arising 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, howFPever, that em-
ployees engaged in. such work shall be paid at the rate of -at least
one and one-half (~11/) times the normall rate for hours worked in
excss f eght(8)hours inl anly twenty-four (24) hour period or
inexcess of foraty ( 40) hours in any seven (7) day period.
(c) Persons employed in clerical or office work shall be permitted
to work not in excess of forty-eight (48) hours per week or nine
(9) hours in any twenty-four (24) hours, provided that the average
timae 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 superv-isory work, who receive thnirty-five
($35.00) dollars or more per week, or to outside salesmren.
(e) The maximum hours fixed herein shall not apply to employees
engaged as watchmen who shall be permitted to workz not to exceed
~fifty-six (56) hours in. any one week exc~e~t, to protect life or prop-
erty in cases of emergency. In such cases at least one and one-half
(11/z) 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 excss of six (6) days in any seven ('7)
OjECTION 2. No employer shall knowingly permit any employee
to work for anyT time which, when totaled with that already per-
formed for another employer or employers, in this or any other In-
dustr~y, exceeds the maximum permitted herein.
SECTIO(`N 3. All over-time arising from emergency work or from
seasonal or ~peak demands shall be reported to the ~Code Authority.
ARTICLE IV- AGlES
:SEC.TION 1. NO employee shall be paid at less than the rate of
forty (40) cents per hour, except that:
(a) Learners, for a serviee period of not to exceed ninety (0
days, which shall be served not more than once in. the! lifetime o
each learner, shall be paid not less than eighty (80) percent of the
minimum wage herein established; provided, howev-er, 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 employreets shall be paid not less
than fifteen dollars ($15.00) per week in any city of ov~er five hun-
dred thousand (500,000) population, or ini the immediate trade area
of such city; nor less than fourteen and one-half dollars ($14.50)
in any city of between. t~wo hundred anld fifty thousand (250,000)
and five hundred thousand (500,000) population, or in the immnedi-
ate trade area of such city; nor less than fourteen dollars ($14.00)
per wrjeek in any other place.
(c) Office boys and a~ic~e girls shall be paid not less than eighty
(80) pe rcecn t of the above providfed minimum wag~e for accounting,
clerical, and office employees, providedl that th~e total number of such
office boys and office girls receiving less than suc~h minimnulmwage
shall not r~exce in any calendar mlonthl five (5) percent of the total
numnber of office emlployees of the employer, except that any em-
ployer may employ at least one (1) such person as above p~rovrided.
(d) A person w-hose earning enpacity is limited because of age,
physical, or mental handicap! or other infirmlity, may bet employedl onz
light work at a wage b~elowr the minimum established by this Codes
if the emlployer obtains fromt the rState Author-ity designat~ed by the
United States Depar~tmet of L~abor, a certificate a~ut-horizing such
person's employment at such wages and for such hours as shall be
st~ated~ in thte c~ertificat~e. Such. Authority shall be guidedl by the
inst~uc~tionsj of the U~nitedc States D~epartment. of Labor in issuing
cert~tifkcates to suchr persons. Provided, however, thalt the total num-
ber of such employees shall at no time extceedl five (5) pe~r cent of
the total number of employees in the employ of any one Mecmber of
the Inldustry, but each Memrber of the Industry shall be~ allows~ed to
employ at least one (1) such. employee. Each em~ploy-er shall file
mnclthlly withl the Code Authority a list of all such persons employed
by hnim, showing the wrages paid to, and the maximnum hours of work
of such employees.
SECTION. 12. Tlhis Article establlishecs a minimum rate of p~a! which
shall apply, irr~csp~ectivv e of whether an employee is actually comllpen-
sated on a time rate, piece-work or other basis.
SaEcTlow 3. Fema1le employees performing substantially the same
work as manle employees shall receive the same rate of' pay as male
~EC'ITON 4. Employers shall pay all wagjes in lawful currency or byl
nego-tiable checks there~for, payable on demand. Wages shall be paid
at least semi-monthly and snalaies at least monthly. WFages shall be
exeml~pt from any paymllents for pensions, insurance, or sick hefnefits
o~ther than those voluntarily paid by the employee or required by law.
T~he employer shall not ac~ceplt, directly or Imlilrcctly, any rebal~tes on
w~ages or give anything of value or xtestnd alny fa~or to a ny emlployee
directly or indirecctly, for the .Purpose of influencing~ th~e rate al
wngres, hlours~, or w~orkingr conditions of anly empllloyc..
SbECTION 5. An equitable adjustmenrt of all wagecs above the mini-
mumn rates~ herein p~recrcIibed shall be made by l mlyr h
hanve not. hetretofolre madle such adljustmecnts, andl all emp]loyers~ srhal
withlin sixty (60) days afterl the appr~lova:l o1.f thi COde' Submllit to the
Code Aulthorilty, for tl:nransittal to the Administra-tor, a report. in
full conlcce~lilrni such adljustments wrhether made 19>ir to o.r sub~se-
quen"t to such applrovafl, providedc, however, thant. m no evecnt shall
houL1'3.Orly o'r. pws-e wor rates of pay be redu~ced~c.
ARTICLE 7-EsrNFRL LABOR) ]PROU~sIONS
Sn..III 1. No pcrso~n uncier 16 years of nge shall be employed in
the Indclust ry. No person under 18 ye~ars of age shall be employed at
operations or occupatio~ns which are hlazardtous in nature or danger-
ous to health. The Code Authority shall submit to the A~dministra-
tor, withinl sixty days after approval of this Cod.e, 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 v-alid cer~t.ificate or permilt duly signed by the Authority in such
St~ate empowered to issue employment or age certificates or permlits
showingi that the employee is of the required~ age.
SECTION 2. In comrpliance~ with Sectionl 7 (a) of the Act, it is'
(a) That employees shall have the right to organized and bargain
collectively through reprleseunttives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation. of such representattives or in
self-orgainization or in other concerted activities for thle purpose of
collective bargaining or other mutual aid or protection.
(b?) That no emlployee and no one~ seeking em~ploym~ient shall be
required as a condition of employment to jomn any company umion
or to retfromn from11 joining, organizing, or assisting a labor organi-
zation of his own choosing.
(c) Tha~t employers shall comply with. the m~axlimrum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the PIresident.
SECTION 3. No em~ployrer shall reclassify employees or duties of
occupations performed or engage mn any other subterfuge for the
purpose of defeating the purposes or provisions of th~e Act or of
SEcTIrON -1. Ever~ly emlployer shall make reasonable provisions for
the safety anld health of his employees at the place and during
the hours of their employment. Standards for safety and health
Fha~ll be submlittedi 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 la w which imposes on employers more stringent re-
quirements as t~o age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, or inrsura~nce,
or fire protection, than are imposed byT this Code.
SjECTION 6. All employers shall post and keep posted copies of this
Code in conspicuous places easily accessible to emnployees~ ]Every
member of the: industry shall comply with all rules and regulantio~ns
relative t~o t.he posting of provisions of Codes of Fair Competition
which~ may fromn timle to time! be prescribed by the Adlministrator..
SECTION 1. Organiz~ation andc ConIstitu~tion.-- Code Authority
is hereby const~itutedl to c~ooperante with the A1?dministrator in the ad-
ministration of this Code.
SECTION 2. The Codie Authority shall consist of Myembers of the
Industry, to be selected as followCS:
Three (3) members of the Code Authority shall be elected by
majority vote of the members of the Association, and two (2) memb-
berss of thle Code Authority shall be elected by majority vote of non-
members of the Ass;ocialtion from among non-members of the Associa-
tion, if any, eligible to such3 representation as provided in. Section 7
of this Articule. Membnlers of the Code AuthorIity 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 Ai;sociation fail to elect either or both of the
mlember~s of the Code Authority allotted to themr, the Code Authority
.shall, nev~erthecless, be aulthorized to function as such; provided, fur-
ther, that the said Code AuthorityT shall nlot consist of less than
three (3) miemlbers~ or more than .five (5).
SECTON 3. The Association is herebyv designated as the agency to
conduct the first election of the Indu~str~y members of the Code
Authority, such election to be held -with~in t wetn ty ~(20) diays after
the effective date of this Code. Ther~eafter, the elections of members
of the Code Authority shall be conducted- by the Code Au~thority.
In the event of any vacancy in the m~embcrship, of the Code Author-
ity, a special meeting of the Mermbers of the Industry for an elec-
tion to fill the vacancy for the incomplete term of such member
shall be called. Notice of the time and place of each election shall
be sent by registIered mail to all Membllers of the! Industry at least ten
(10) days in advance of such elections, and voting therent may) be in,
person, or by proxy or let ter ballot. Each Mecmber of the Industry
shall have one (1) vote.
SECTION 4. In addition to membersclhip on the Code Authority as
above provided, there may be not more than three (3) members,
without vote, to be krnowvn as a~dministra:tion members, to be ap-
poitedbythe Administrator to serve for such terms as he may
be given notice of, and may sit at, all meetings of the Codle
~SEenTuN 5. Eachl trade or industrial association d~irectly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall (1) impose no inequitable r~estrictions on membership, and
(2) submnit to the Ad.cminis~tra~tor true copies of its articles of asso-
ciatio.n, by-lawcts, regulations, and any amendmennt s when. made there-
to, togctherr with such other information as to mnembershzip, orgjaniza-
tion, and activities as the Admninistrator ma1y deem nlecessary to
effec-tuate, the purposes of the AcLt.
SEc.TroS 6. In order that the Code Au~thonrit y rlhll alt all times be
truly repl~resentaive of the indusltry\ and iln mother respects comply
with the provisions of the Act, thle Adlminlistrato~r may9 prescribec such
h~earingls as he mnay deem proper; and thllereafter if hie shall find that~
thec Code Aulthority: is not tru~ly, r~epresentative or dloes not in otherc
recspects comply with the provisions of the Act, mny reqluire an
appro''priate miod~ification in thle meithodl of selection of the Code
SEcTIONr~ 7. (a It beingr follnt) nr0008800], ill order to support, the
adminilst rat ion of this C'ode anitl to mali nta~in thle staindardrs of fair
comnpetition established by this Codc andi to effe~ctuate thc policy of
thle Aict, the Code Autllhority is authorized,. subject to the approval
of thle Admllinistrator:
(1) To incur such' resnabcl~lle cbligations as are necessary and
proper"' for thle forecgoinlg purploses and to melet such obligations out
of funds which may be raised as herein after provided and which shall
be held in trust for the p~urposes of thle Code;
(2) To submit to the Administraltor for his approval, subject to
such notice and opportunity to be heard as he may deemli necessarily Iy,
(a) an1 itemized budget of its es~timated expenses for the foregtoingr
purposes, and (b) an equitable basis upon which the funds necessry~r
to support suchl budget shall be contributed by memberslii'~ of the
(3) After such budget and basis of contribution have been ap-
proved by the Admninistrator, to determine and se~curle eqruitatble con
tribution as above set forthn by all. such M~~rlembes of the TIndustr'y,
and to that enzd, if nelcessary, to institute legal pr~oceed~~ing s therefore
ill ItS own name.
(b) Only Members of the Industry complying with the Code and
contributingf to the expe~tnses of its adcministra~tion as pro~videcd in
parnagraph (a) hereof shall be entitled to participate in the scellrtion
of the members of the Codle Authority or to receive the benefit of its
voluntary activities or to make use of any emblem or inslignial of the
N t ional Recovery Admrnin ist ra tion.
SECION8. othngcontained in this Code shall cconstitultez the
m~embers of Nthen Cod Athority partners for any purpose. Nor shall
any membler of the Code Authority be liable in any mnannrc! to anyone
for any act of any other member, officer, agent, or emp-l oL~eulnoyee of the
Code Authority.. Nor shanll any member of the Code Atoiy
exercising reasolnable diligence In the conduct of his duties here-
unler, be liable to anyone for a~ny action or omission to act untler
this Code, except for his owFPn wilful m~cisfeasance or non-fasance.~t
SECTION 9. The~ CodeL Authority shall have the following further
powers and duties:
(a) TIo insure the execution of the provisions of this Code and
provided~ for the compliance of the Industry with the proviisions of
(b) To adopt by-laws and rules and regulations for its own pro-
cedure aInd for the admlinis;tra;tionI and enforcement of the Code.
(c) o obtain from Mfembers of the Industry such in-formation
ndrepo~r~ts as are requ~iredl for th~e administration of the Code. In
addition to information required to be submnittedt to the Code
Auth~ority, mnemnbe~rs of the industry subject to this Code shall fur-
nishl such statistical information as the adminis~trantor may dleemu
necessary for the purposes recited in Section 3 (a) of the Aict to
such Federllnl and State agencies as he! may designat~e; provided that
nlot hingT in thlis Code shl~~l relieve any M~ember of the Industry of
any! existing ob~ligationls to furnish reports to any government
agency. No individual r~epor~ts shall be disclosed to any other ~emn-
ber of thle Industry or any other party except to such governntallr l
agn~tcies as mnay be directed3 by the Administrator.
(di) To u~se suchl trade associations and other agencies as it d-leems
proper for the carryingr out of any of its activities prov~idled for
hereinl, provided that nothing herein shall relieve the Code Authority
of it~s duties or responsibilities under this Code andl that such
trade Associat~ions and agencies shall at all times be subject to and
comply withl the! provisions hereof.
(e) T3o make recom~mendations to the Admninistrat~or for the
coordination of thne administration of this Code with such other
codes, if any, as may be related to the I~ndustr~y.
(f) To secure, from MemberPIs of the Industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code A~uthority and its activities.
(g) T~o coopetra~te w~ith the Administratoc r in regulating the use
of any N.R.AZ. insignia solely by those Miembers of the Indu try
whlo have aIssented to, and are complying with., this Code.
(h) To recommend to the Admlinistrator fuirthier fair trade prac-
tice provisions to govrnO~ Mrember~s of the Indu~stry in their relations
with each other or with other industries and to recommlend to the
Administrator meat~sures for industrial planning, including stabili-
zation ofi employment.
(i) To appoint at trade prac-tice comm~litte~e which shall meet with
the trade practice committees appointed under such other codes as
may be! related to the I~ndustr~y for thie purlpose of formulating
fair trade practices to govern the reintionlship~s betwseenl production
and distribution emploers under thiis Code~ and under such others
to th~e end that such fartrade practices maybprosdtth
Administrator as amendments to this Code and suchse ootherods
SECT'ION 10. If the Adm~inistrator shall determine that any action
of the Code Authority or any agency thereof may: be unfair or
unjust or contrary to th~e public interest, the Adminlnstrator may
require that such. action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by the Code A-?uthority- or agency pending fina action which shall
not be effective unless the Admnin~istrator approves or unless he shall
fail to dlisapprove after thirty day-s' notices to himn of intention to
proceeds with such. action in its original or modified form.
ARTICLE TTI-[1-RADE PRACTICE RULES
For all purposes of the Code, the acts described inl this Article shall
constitulte unfair practices, and any 1\fember of the Indlustry who
shall dlirctly or indirectly, through any officer, agent., or representa-
tive knowingly use, employ, or permit to be used or employeda any of
such unfair practices shall be gruilty of.a violatfiOn of the Code.
RULE 1. hCelling~ Bc700 COst ---T:he selling by any MeImb~er of the
Industry of any commnodity at a price below his own individual cost;
provided, however, that any Memlber of the Industry mlay meet th~e
price competition of any compe~ctito. l r whose costs under the Code are
(a) The Code Aurthocrity shanll cause to be f~ormulaited an necount-
ing system and merthoil s of cost find~inr and/lor estima~ting capable of
u~se by all Memlbers of the Indlustry. After such system aInd methods
hlave beetn formunllatedl and approved by th d itao, fEull de-
tais cncenig tem hal b mae aatnble to all members.i~ Thiere-
after, all Ilmembers shall1 deteri~niie and~/or estimate costs in1 accord-
ance wtith thne principles of such systemn and metlcthod.
(b) When the Codle Aluthority determineiis that. an emergency exists
in thiis Industry anid that the cauise thereotf is destructive price-
cutting~ each as to render ineffective or seriousllY endlangrr the mainite-
nance of the provisions of this Code, the Code Authority may cause
to be determined thle lowest reasonable cost 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 p~ractice for anyt
M1ember of tle Industry to sell or offer to sell any products of the
Industry for which the lowest r~easonable cost has been determined at
such prices or upon such terms or conditions of sale that the buyer
will paRy less therefore than thle lowest reasonable cos~t of suchn prod-
uets. When it appears that conditions hiave changed, the Code Au-
thority, upon its own initiative or upon the r~equest. of any interested
party, shall cause the determination to be reviewed.
(c) Notwithstandling the provisions of 1Rule 1 above, obsolete pat-
terns, 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 A8uthor-
ity. All such~1 sales must be reported in advance, if possible, to the
Code Authorit~y. Any sale mnad~e under the provisions of this para-
graph for the purpose of evading Rule 1 of this Article is an unfair
method of competition.
RULE e. Illi8representatio~n.-The international misrepr~sent~a tion
or the making, or causing, or permitting to be made or published, of
any false, misleading, or deceptive statements by way of adver-
tisingr, invoice, or othlelrwise, concerning the size, quantity, quality,
or character, or nature of, anly product of the Ind7ustry, bought or
RULE 3. FU, 8e Bii~zng.-WTithhoding from or inserting in any
invoice words or figures which mlake or tend to maake such invoice ~a'
false record, wholly or in part, of the transaction repre~sentedl on the
face t.hereof ; and the secret payment or allowance of rebates, refuns,
credits or uneilrned discounts, whether in the form of money or
RUTLE 4. ,Ilkleading Statements.--The making of, or causing or
pernit~ting to be made, any false or deceptive sta-temenlts either wvrit-
ten or oral, concerning installations or sales previously made, or the
claimingp by any M~end~er of the I~ndustry that equipment actually
suppliedo ndc installed by others wasrn supplied and instatlledl by him,
oir the mlak~ing of a~ny mslle~nd-ingr or deceptive statements inl regard
RULE 5j. Im/itatfi'on of Tl'rade Ma~rk~s.-Imitating or simulating the
trade martlk, trade name, package, wrapper, slogan, label, or other
marks of identification of a competitor or his product. to such a dle-
g:ree as to have thie tendlency and capacity to mislead or deceive p"ur-
chasers or prospect ive purchasers.
RU~LE F). Indu~iic ing Brac~h of C~o~ntracts.-Indlucin Ib or attemplting
to induce by any means or device whatsoever a breach of contract
betwFFeen a customer and a competitor during the term of such a6
RULE 7. Securing~ In~formation from Clo~m~p~etiors.-Securing all-
format.ion from competitors concerning their business by false or
misleading statements or representations, or by false impersonation
of one in authority, and the wrongful use thereof unduly to hinder or
stifle the business or competition of su~ch. competitors.
RULE 8. b0O%84g)2men Of IjRlOrderedE EqupmL~~ enZt.- The consigning
of unordered counter type freezer equipment, accessories or parts to
any person, firm, corporation or other form of enterprise, and the
forwarding of such products wvhen not netually sold on a bona fide
purchase contract or leasedl on a bona fide lease or rental agreement.
]RULE 9. ii(?lrmR Of Xa O.--T'THIS Of SRIO Shall be definite anld shall
be plainly set out in the purchase contract, atnd no Miember of the
Industry shall solicit for, or accept purchas"econtracts without a
minimum fired down payment, and, in. the case of deferred payment
plan, without a minimum fixed monthly payment.
RULE 10. Commercials Bribery.-Nio lemnber of thelt Industry shall
givec, permit to be gi-ven, or directly offer to gSive, anythinrr of value
for the purpose of influencing or rewarding the action of any em-
ployyee, agent, or r~epr~ese~ntatve, of another in relation to the business
of the employer of such employee, thre principal of such agent or the
represented party, without the knowledge of such employer, prin-
cipal or part~y. Colmmercial bribery prov\isions shanll not be construedl
to prohibit free antd general distribution of articles commonlyr used
for advertising except so far as such articles are actually used f~or
comm~er~cial bribery as hereinabove defined.
nRULE 11. RcebateP.--No Membnler of the I~ndurstry or its agent shall
secretly offer or makle any payment or allowannce. of a rebate, refund,
commission, credit, unearned discount, or excess allowa~nce, whether
in the form of money or otherwise, for the purpose of influencing a
salle, nor shall a member secretly extendl to any customer any special
service or privilege not extenlded to all customers of thre same class.
RULE 12. Combined quotation~s.--No member of the Indust~ry shall
combine any quotation for any product of this Ilndustry with any
qulotation for any other material, product, labor, or sernce, for
te purpose and with the intent of concealing the true selling rc
of the products of this Industry.
SErTrowN 1. This Code and all the provisions thereof are expressly
made subject to the r~ight, of the President, in necordance w~ith the
provisions of subsection (b) of Section 10 ojf the National Indlustrial
Recovery~ Act, from timle to time to cancel or modify any order, ap-
prov\al, license, rule, or regulation issuedl under Title I of the said
Act and specifically, but without limitation, to thte right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed by- himr upon his approval thereof.
SIECTIION 2. This Code, except as to provisions requlired by the Act,
may be modlified on. the basis of experience or changes in circum-
stanices, such modlifiention to be based upon application to thle Aidmin-
istrator and such~ notice and hearing as he shllnl specifyr, andl to
become effective on ap~proval of the Administrator. Any such ap~pli-
cation maay be made by thle Code Authority.
Any notice, demand, or rqluest required or per~mittedl to be given
to or made upon a7ny member of the Industry shall be suxfficiently
given or madle if maledl, po~stage pr~epaid~, add~ressed to such. member
at. his or it~s addcress on file with the Codle Authority. A waiver in
writing. sigined~ by any A~lember of the Industry of any suchn notice,
demandl, or r~equest dleliverled to the Code AuthorityT, shall be dellemed
to be the equiale~nt of a notice, demand,! or r~equest dulyT given1 or
ARTICLE ZC JURISDICTION
If any employers of lab~-or in this Industry is also an. employer in
any other indlustry, the provisions of this Code shall apply to and
affect only that part of hlis business which is a part of the Counter
Type Ice-Cream Freezer Indtustry.
ARTICLE XI-EXroaR TRADE
No provisions of this Code relating to prices or termsl of selling,
slipping, or marketing, shall apply~ to export trader or sales or ship-
mnents for expolrt trade.
No provision olf this Codle shall be so applied as to permit mnonopo-
hies or monopohs~tic prac~tices~, or to chmainate, oppretssi, or discrimi-
nate against small enterp.r~ises.
ARTICLE XI[I[IPRICE INCRKEASES3
W'her~eas, the policy of the Act to increase real purchasing power
will be mnade mor~e difie~ult of consummation if the pric~es of goods
and services increase as rapidly as wages, it is recocgnizedl that price
incr~eases except such aIs may be required to meet individual cost
should be dlelayedt, bult. wh~len madeil, such increases should, so far as
possible, be limitedi to actual additional incr~eases in the seller's costs.
LIRTICLE XIV--EFFECTIVE, DATE
This Code shall become effective on the second M/onday after its
approval by the President.
Approved C'ode No. 418S.
RegistrJ? No. 1328-04.
UNIVERSITY1 OF111111111 FLORIDA1 1111111111