For sarle by the Superrintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 84--Supplement No. 30
Registry No. 1136--05
WE DO GUJR PART
GOVERNMENT PRINTING OFFICE
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
MILK AND ICE CREAM CAN.
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and M~etal Coating Industry)
AS APPROVED ON MlAY 17, 1934
This publication is for sale by the Superintendent of Documents, Government
Printing Offce, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMM~ERCE
Atlantn, Ga.: 504 Post Oflke Building.
Birminghaml, Ala.: 257 Federal Building.
Boston, Mass. : 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
C'harleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Clevelandt, Obio: Chamber of Commeree.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Michb.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indlianapolis, Intl.: Chamber of Commerce Building.
Jneksonv\ille, Fla.: Chamber of Commerce Building.
Kansas City, Mo0.: 1028 Baltimore Avenue.
Los A\ngeles, Callif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
M~emplhis, Tenn.: 229 Federal Building.
Mlinneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A4, Custombouse.
New York, N.Y.: 7~34 Customhouse.
Nor~folk, V'a.: 4106 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, M~o.: 506 Olive Street.
Ban Fr~ancisco, Calif.: 310 Customhouse.
Seattle. Wash.: 800 Federal Office Building.
Approved Code No. 84-Supplement No. 30
SUPPLEMENTARY CODE OF FAIIR COMPETITION
MUIK AND ICIE CRE AM CANI MBANIUFACTURI[NG
As Approved On M9ay 17, 1934
APPROVING SUPPLEMENTARY CODE OF FAIR COMlPETITION FOlR TH
31ILK~ AND ICE CREAM11 CAN AfANUFACTURING INDUSTRY
A .DIVISION OF THE FABRICATE MLETAL PRODUrCTS M6ANUIFACTURING AND
META FINISHING AND MIETAL COATING INDUSTRY
ABn application having been duly made pur~suant to and in full
compliance withn the prov,\isions of Title I of th National Industrial
Recovery Act, approved June 16, 1933, and in necordalnce, with thie
provisions of Sectionl 1 of Article VI1 of the B3asic Code for the
Fabricated Mletal Ptroducts Mannufactur~ing and Jfetal Finishing and
Metal Coating Ind~ustr~y, approved ~Novemlber 2 1933, for appr~loval
of a Supplementary Code of Fair Comnpetition ~for the Mlilk; and Ice
Cream Can M~anulfacturing Ind~ustryT, and hearing having been duly
held thereon; and th~e annexed report on said Supplementary Code,
containing findings with respect thetreto, having been made and
directed to the Presid-ent:
NOWF, THEREFORE, on behalf of the P'resident of tlhe Unite~d
States, I[, HTugrh S. Johnson, Adlministraltor for Industrial Recovery,
pursunant to authority rested inl me byEcuieOdroftePsi
den, icluingExeutie OderNo.6543-A, dated D~ecemnber 30
1933, and otherwise; do hereby incorporate by reference said annex~ed
report and do find that said Supplemnentary Code complies in all re-
splects withl the pertinent provisions and will promote the policy
and purposes of said Title of said Act; and do htereb~y order that
said Supplementary Code of Fiair Competition be and it is hereb~y
approved; provided, however, that the provisions of Article V, Para-
graph A, insofar as they provide that any existinga price list shall
remain in eflFect for a period of five (5) Idays following the filing
of a revised price list, be and they hereby are stayed spending my
Hun~ S. JoI-Ison,
Adm~inistrator for Industr~ial Recovery.
A. R. GraNCY,
Ma~cy 17, 11934.
80oo6 o*---44-8-a----a (1
REPORT TO THE PRESIDENT
The Trk'.ite House.
SIR: This is a report on the Supplementary Code of Fair Compe-
tition for the Mlilk and Ice Cream Can Mlanufacturing Industry, a
division of the Fabricated M1~etal Products Manufacturing and
MCetal Finishing and M~e~tal Coating Industry, the hearing having
been conducted thereon in W?6ashington, D.C. December 19, 1933,
in accordance with the provisions of Title Io the National Indus-
trial Recovery Act.
The Milki and Ice Cream Can Mlanufacturing Industry, being
truly representative of this division of the Fabricated M~etal Prod-
ucts Manufacturing and MZetal Finishing and Metal Coating Indus-
try, has elected to avail itself of the option of subhmit~ting a Supple-
mentary Code of Fair Practice, as provided for in Section 1 of
Article VI of the Basic Code, for the Fabricated Mletal Products
Manufacturing and M'et~al Finishing and M~etal Coating Industry
approved by you on the second dlay of November, 1933.
misoniE OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the
Supplementa ry Code.
Article III. This Industry is a division of the Fabricated Metal
Products Mafnufact~uring and Metal Finishing: and Metal Coatig
Industry and the labor provisions of its Basic Code, as approve
November 2, 1933, are the labor provisions of this Supplementary
Article IV establishes a Supplementary Code Authority consisting
of three mem-bers, and gives the Admimistrator the authority to ap-
point one additional member without vote and provides machinery
for obtaining statistics and the administration of the Supplementary
Article V sets forth t~he unfair trade practices of this Supple-
mentary Code which has been especially designed to offset unfair
competition in this division of the Industry.
Article VI contains the mandatory provisions contained in Section
10 (b) and also provides for the submission of proposed amend-
ments to the Supplementary Code.
Article VII provides against mlonopolies and monopolistic prac-
tices, andl recognizes that price increases except such as may be
required to meet individual costs should be delayed.
Article VI`II states the effective date and duration of this Supple-
T'he Deputy Admni n istrator in his final report to me on said Supple-
mentary C~ode hlarmg found as herein set forth and on the basis of
all the proceedings in this matter:
I find that.:
(a) Said Supplemnentory Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Alct, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminiish the amount thereof
andl will provide for the general welfare by! promoting the organiza-
tion of industry for the purposes of cooperative action among the
trade groups, by indlucing and maintaining united action of labor
and management under adequate governmental sanctions and super-
visi on, by~ li mi n at~ing unfair competitive practices, Iby promoting the
fullest possible utilization of the present productive capacity of ia-
dustries, by avoiding unldue restrictions of production except as may
be: temporarily- requirede, by increasing the consumption of indus-
trial and agricultural products through increasing purchasing power
by reducing and relieving unemployment, by improving standards oj
labor, and by- otherwise rehabilitating industry.
(b) Said- Indurstry normally employs not more than 50,000 em-
ployvees; and is not classified by me as a major industry.
(c) The Supplementary Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
w~ithlout limnitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Sulbsect~ion (b) of Section 10 thereof ; and that the
applicant group is an industrial group truly representative of the
aforesaid Indulstry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(dZ The Supplementary Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The S~upplementary Code is not designedi to and will not
eliminate or oppress small enterprises anld will not operate to dis-
crimmnate against them.
(f) T1Chose engaged in other steps of the economic p~o~ess have not
beenz deprived of the right to be heard prior to approvall of said
F~or these reasons, therefore, I have approved this S~upplementaryy
HuanI Bi. JonCNSON,
MA~Y 17, 19341.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE MILK AND ICE CREAM CAN MANUFACTURING
A DIVIlSION OF THE FABR~ICAiTED METAL PRODUCTS MAZNUFACTU~RING AND
METAL FINISHING AND METAL COATING INDUSiTRY
ARTICLE I PURPOSEs
To effectuate thne policy of Title I of the Nat~ion~al Industrial
Recovery Act, the following provisions are established as a Supple-
mentary Cod3e of Fair Competition for the Milk and Ice Cream
Can Mlanufacturing Industry, pursuiant to Article VI of the Basic
Code of Fair Comipetitio~n for t~he Fabricated Metal Products Manu-
facturing and Metall Finishing and Metal Coating Industry approved
by the Presidlent of the United1 St~ates on the second day of November
1933, and the provisions of this Supplementary Code shall be the
standards of Fair Competition for such Industry and shall be binding
upon every member thereof.
The term "L Milk and Ice Cream Can Manufacturing Industry ",
hereinafter referred to as the Industry, is defined to mean the manu-
facture for sale of tinned steel railroad shipping milk cans and
tinlned steel hand-delivery mlilk canls used in the transportation and
dispensing of milk and cream; also, tinned steel ice cream cans used
in the transportation and dispensing of ice cream; all the above to
be made of 22 gauge or heavier steel and to be tinned after forming.
The term "' member of the Industry as used herein. includes, but
without imitation, any individual, partnership, associration, corpora-
tion or other form of enterprise engaged in the Industr~y either as an
employer or on his or its own behalf.
Tn hel terms "resident ", "Act "!, and "Administrator as used here-
in hal manreseciveythe President of the United States, Title
I of the National Industrial Recovery Act, and the Administrator
for Industrial Recovery under Title I of said Act.
The term "' Basic Code as used herein is defined to mean the
Basic Code of Fair Competition for the Fabricated Mletal Products
Manufacturing and M~etal Finishing and MCetal Coating Industry,
as approved by the President on the second day of November 1933.
The term Basic Clode Authority as used herein is defined to
mean the Exuecutive Committee of the Fabricated MeCtal Products
The term Institulte as used herein is defined to mean the Milk
and Ice Cream Can Institute, or its successor.
The teirm Supplemnentaryl Code Authority as used herein is
defined to mean the agency which is to administer this Supplementary
Code, as hereinafter provided.
T~he term "L Duly Authorized Agrent. or "Ag~rent of the Supple-
mentary Code Authority, as used herein, is defined to mean the
commissioner of the MS/ilk and Ice Cream Can Institute, or his suc-
cessor in office, or such other person as th~e Suprlplementary Code
Authority may designate. Said agent, in order to quallify as sucht,
shall be entirely free from any interest in or connection with any
company engaged in the mannufacture or sale of the products of the
The term Federation as used hlerein is defined to mean the
Fabricated Mletal Products Federation or its successor.
ARTICLE III--EMPLOYMENT PROVISIONS
This Industry is a di-iisi~on of the Fabrient~ed Mettal Products
Mianufactulringr and M~etanl Finishing and Metal Coating Indiustry
and, without bilimtation, the wage, hour and labor provisions in
Article III of its Basic cCode as approved by the President onl Nov~em-
ber 2, 1933, including Section 1 of said Artic~le III by which thle
provisions of Subsections (1), (2) and (3) of Section 7 (a) of Title
I of the AIct are made conditions of the Code, are specifically in-
corporated herein and :made a part hereof as the wage, hour and
labor provisions of this Supplementary Code.
lAnn~Cex IV-7ORGANIZATION. AND ADMIINISTRZATION
SECTION 1. During the period not to exceed sixzty (60) days fol-
lowing thle effect ive date, the duly authorized agent shall constitute
a temporary Supplem~entary Code Authority until the Supplemen-
tary Code Author~ity, consisting of three (3) members, is elected by
the members of the Industry assenting to thils Suxpplem~entary Code,
as hereina after provided, at a meetings called by thne temporary Sup-
plementarny Code A1~uthority upon ten. (10) days' notice sent by
registered mail to all members of the Inldustry whose namles may
be ascertained after a diligent search, wo may vote either in person
or by proxy. The memnbers of the Supplementary Code Authority
shall serve for a period of oneyerro hdaeoteieeton
and subsequent elections sh~allbea fon t~he same basi asei aoe pro-,
vidled. Ilmmediately after the annual election. of said Supplemnentary
Code Authority, the mlemberss therein shall appoint a duly author-
ized agent to administer the provisions of this Supplementary Code.
The members of the Supplementary Code Authority shall be
elected in the following manner:
1. Onle member, who shall be a member of the In~dustry, nlot a
member of the Institute (provided there are such members of the
Industry who are not members of th~e Institulte), to be elected by a
majority vote of the qualified members of the Industry who are
not members of their Institute present inl person or by proxy, each
member to have one vote. Such one member to be nominated by
the members of th~e Industryv w~ho are not members of the Institute
2. Two members, who are members of thre Industryr anrd members
of the Inst.itute, to be elected by a majority vote of the qualified
members of the Industry, who are members of the Institute, present
in person or by proxy, each member to have one vote. Such two
members to ~be nominated by the members of the Institute.
3. A vacancy in the membership of the Supplementary Code
Authorityr may be filled by a majority vote of the remaining mem-
bers of the Supplement~ary Code Aut.horityr. The member of the
Supplemlentary Code Authority who is chosen to fill such vacancy
shall be elected from the class of membership in which the vacancy
4. In addition thereto the Administrator may appoint a member
of the Supplementary Code Authority without vote. The repre-
sentativre who may be appointed by the Administrator shall be
given reasonable notice of, and miay sit at all meetings of the Sup-
plementary Code Authority.
SECTION 2. The Trade Association directly or indirectly partici-
patinga in the selection or activities of the Supplementary Code
1. Impose no inequlitable restrictions on admission to membership.
2. Submit to the Administrator t.r~ue copies of their Articles of
Association, By-Laws, Regulations and any Amendments when made
thereto, together with such other information as to membership,
organization, and2 activities as the Administrator mlay deem neces-
sary to effectuate the purpose of the Act.
SECTION 3. In order that t~he Supplementary Code Authority shall
at all times be truly representative of the Industry, and in other
respects comply with the provisions of the Act, the Administrator
may prescribe such hearings as he may deem proper; and thereafter
if he shall find that the Supplementary Code Authority or its agent
is not truly representative, or does not in other respects comply with
the provisions of the Act, may require an appropriate modification
of the method of selection of the Supplementary Code Authority.~
SEOTION 4. (1) It being found necessary to support the Admmils-
tration of this Supplementary Code, in order to effectuate the policy
of the Act and to maintain the standards of fair competition estab-
lished hereunder, the Supplementary Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing: purposes and to meet such obligations out
of funds which~ shall be held mn trust for the purposes of thle Supple-
mentaryy Code and raised as hereinafter provided;
(b) To submiit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary:
1. An itemized budget of its estimated expenses for thle foregoing
2. An equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the Industry
entitled to the benefits accruing from the maintenance of such
standards, and the administration thereof ;
(c) After such budget andl liasis of contribution have been ap-
proved by the Administrator, to determine and collect equitable
contributions as above set forth, and to that end, if necessary, to
institute legal proceedings therefore in its own name.
(2) Each member of the industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the
Supplementary Code Auithority as hereinabove provided. Only
members of the industry complying with the Supplementary Code
and making such contribution shatll be entitled to participate in the
selection of the members of the Supplemnentary Code Authority or
to receive the benefits of its voluntary~ activities or to mnakec use of
any NT.R.A. insgni.
SECTION 5. The Supplementary Code Authority shall have the
following further powrs and duties:
(a) To insure the execution of the provisions of this Supple-
(b) To obtain from thte members of the Industr~y such information
and reports as the Supplementary Code Authority may require for
the administration of this Supplement~ary Code., and to provide for
submission to the Administrator b~y- members of the Inmdusty of
such information and reports as Jmay be necessary for the p~urposes
recited in Section 3 (a) of the Act; providefd that nothingr in thiis
Supplementary Code shall relieve any members of the Industry of
any existing obligations to furnish reports to any Government
agency. No individual reports shall be disclosed to anyT members
of the Indlustry or to anyone other than the ABdministrlator or his
duly authorized representative, and as hereinafter provided.
(c) To use such agencies as it deems~ prope for t~he carrying out
of any of the activities provided for herein; provided that nothing
herein shiall reliecvte the Supp~lemnentary Code Authorit~y of its duties
or responsibilities under this SuIpplementary Code, and that such
agenexes shall at all times be subject to and comply with. the pro-
(d) T'o makse recommendations to the Admlinistrator for the co-
ordination of the administration of thlis Supplementary Code with
such other codes, if any, as may be related to the Industry.
(e) To cooperate withn the Administrator in regulating the use
of any NRA insignia solely by those members of the Industry who
hasve assented to and are complying with this Supplem~ents ry Code.
(f) To furnish from tie to t~ime to thne Basic Code Authority
designated in said Basic Code such information as may be required
to be furnished under the terms of the Basic Code.,
SECTION 6. To the extent permitted by the Act, and pursuant to
such rules and regulations as the Adm-rinilstrator mayT prescribe. any
and all information furnished to the Supplementary Code Authority
by any members of the Industry p~ursuanlt to the .provisions of the
Supplementary Code, shall be subject to verification by an impar-
tiatl agent appointed by the SupplementaRry Code ~Authorit, and
each member of the Industryr shall furnish to such impartial agent
so mnuch of his pertinent bookl~s, acc~ounts and records as may be re-
quired to verif the accuracy of thne information submitted.
SECTION C7. Eery employer shall provide for the sa~fetyS and health
of empyloyees during the hours and at the place of their emnployment.
Stanndards for safety and health shall be submitted by the Code Au-
thority to the Administrator within six (6) months after t~he effective
date of the Supplementary Code.
SECTION 8. Complaints made by members of the Industry to th~e
agent of the Supplementary Code. Authority of alleged violations of
any of the provisions of this Supplementary Code, shalll be in writing.
In the event of a complaint. Being registered against any corporate
member of the Inidustryl alleging a violation of this Supplementary
Codle, the Suppleme~ntaryv Codie Authority may cause an investigation
to be miadle by a perIson mnutually agreed upon by the Supplementary
Code Authlorityy andl the memiber of the Industry against whom the
complaint is filed, or if they are unable to agree within a reasonable
time, by a disinterested perrson appoDinted by the A~dministrator upon
request by the Supp~lementaryr Code Aut~hority. The Supplementary
Code Authority miay require the memiber complained against to file
w~ith suIch investigator wFithin such reasonable times after receipt of
a copy of the complaint as the Supplementary Code Authority shall
determine, an answer to such complaint accompanied by supporting
data. 1Both answ-er and d~ata shall be verified by affidavit. The in-
vrestigator may examine so much of the pertinent books and records
of such, member as may be required to verify the statements contained
in said answer and, or the accuracy of the data supporting such
statements. If the matter cannot thereafter be satisfactorily ad-
justed "within the Industry, the facts maybplcdefrthBai
Code AIuthority1 to be presented to th e pAcdminitraor for Bsuch
procedure. as he may deemn advisable under the Act.
S.ECTION 9. The Supp~lementary Code Authority shall not be liable
in an manner to anyone for any act of anygetoemleeoth
Supplemnentary Code Authority, nor shall theen Suppementary Codte
Authority or its duly authorized Agent, exercising reasonable dili-
gence in t~he conduct of their duties hereunder, be liable to anyone
for any action or omission to act under this Supplementary Code,
excptfor their own wrilful malfeasance or non-feasance.
SECTON 10. If the Administrator shall determine that any action
of a Code Authority or agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and for the consideration by such Code
Authority or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty dayvs' notice to him of intention to proceed with
such nation in the original or modified form.
SECTION 11. After a six (6) months' trial period, in case any
provision of the Supplementary Ciode shall impose an unusual or
undue hardiship on any member of the Industry, such provision may
be suspended, for review, for a period of sixty (60) days by the
Supplemientary Code Authority, wlith the approval of the Adminis-
trator. After the review, hearings may be held by the Administrator
to modify the provision in question.
AnnTcLE VT-RULE~S OF FAIR ClOM~PETTIION IN nlANUFACTURIJ~NG ANuD
(Superseding all Trade Practices set forth in Ar~ticle V of the Basic Code)
Any member of the Industry who shall directly or indirectly
through any officer, employee, agent, or representative, fail to comply
with any of the following rules of Fair Competition in Alanufactur-
ing and Manrketing shall be deemed to have violatedl this Supple-
A. No products of the `Industry, in whole or in part, shall be
sold or exchanged at prices less than the Seller's cost of such prod-
ucts; such cost to be based on a formula which shall be at least
as detailed and com plete as the formula to bec preparedi bY the
Supplementary Code Authority and approved by the Admimlstre,-
tor; provided, however, that upon five (5) days notice to the Agent
of the Supplementary Clode Authority, any member of the Inldustry
may sell below his costs, in order that he mlay meet competitive prices
on articles of similar style, grade and/'or specification filed in
accordance w'ithl the provisions of this section.
W\hen the Supplementar~y Code Authority det~ermnines that an
emergency exists in this Indtustry and that the cause thereof is de-
strulctive price-cutting such as to render ineffective or seriously
endanger the maintenance of the provisions of this Supplemientary
Code, thie SupplemenUtary Code Authority may! cause to be deter-
mined the lowest reasonable cost of the products of this Industry,
such determination to be subject to sulch notice and hearings as the
Administrator may require. T~he Administrator may approve, dis-
approve, or modify the determination. Thereafter, during the
period of the emergency, it shall be an unfair trade practice for any
member of the Industry to sell or offer to sell an-y prodlucts of the
Industry for which the low-est reasonable cost has been determined
at such prices or upon such terms or conditions of sale that thes
buyer will pay less therefore than the lowest reasonable cost of such
When it appears that conditions have changed, the Sulpplemlentary
Code Authority, upon its own initiative or upon the request of any
interested party, shall caused the determination to be reviewed.
All members of the Industry shall, wPithin ten (10) days after the
effective date of this Supplementary Code, publish for the benefit of
all interested parties and file with the A~gent of the Supp~lementary
Code AuthorityI price lists setting forth the prices, terms, and other
conditions at which they will sell the products of the Indcustry to the
several classes of trade. Said price. lists And any revisions thereof
shall be made available to all interested parties.
Each mlanufatct urer s existing price list shall remain in effect for
a period of five (5) days following the filing of a revised price list
andl upon thel filingr of such revised list by anyT member of the
Industry, the Agent of the Supplementary Code Authority shall
immediately furnish copies of such r~evised list to all other members
of the Industry. .Any other member or members of the Industry
desiring to file revised lists to> become effec~tive on the-sume date may
do so provided that the prices set out in such revised lists are not
lower than those in the first r~evised list filed and that they are filed
prior to said effective dst~e.
WThen filing price list, as set forth inl thnis Section _A, a sufficient
number of lists shall be furnished to the Agent of thle Supplementary
Code Authority to enable him to supply a copy to each. member of
the Industry, a~nd in addition thereo six (6) copiers for thie use of
the Agent of the Supplementary Code Authority.
Nothing in this Section A contained shall prevent the sale of
"L seconds or ca ns of obsolete patternI on any basis formuinlated~ by the
Supplementary Code Authority and approvred bly the Administ~rator.
All such proposed sales shall be reported to the Supplementary Code
Authority and shall be reported by it to all members of the Industry.'
B.Z Withholding from, or insert.ing in, any invoice a false record,
wpholly or in part, of the transaction represented on the face thereof,
and the payment or allowance of secret rebates, secret refunds, secret
credits, unearned discunt whetherr in the formz of money or other-
wise), or the extension to certain purchasers of prices, services, or
privileges not extended to all other purchasers in the same class of
trade, except as prices may be affected by differences in quality,
quantity in anyT one shipment, and/or transportation cost, are unfair
I~n order to prevent diiscrimination, a definite classification of trade
shall be created as soon as practicable after the effective date of this
Supplementary Code and, for the purposes of this Supplementary
Code, the following definitions are established:
JOBBER OR WHOLESALER
A jobber or wholesaler is defined to mean, but without limitation,
an individual, firm, partlnership, corporation, association, or other
form of enterprise organized for profit who or which~sells to
processors and mar~keter~s of dairy products and other trade outlets.
Such individual, firm, partnership, corporation, association, or
other form of enterprise must also assume the credit riskr of his or its
sales and have at least the following facilities:
(a) A warehouse and the necessary facilities for operating samle.
(b) An adequate stock of milk and/'or ice cream cans to serve the
trade in the territory which he or it covers.
A retailer is defined to mean, but without limitation, any individ-
nal, firm, partnership, corporation, association, or' other form of
enterprise organized f~or profit who or which does not come within
the above definition but who or which does not manufacture milk
and/or ice creaml cans but sells milke and/'or ice creams cans for
A consumer is defined to mean, but without limiitation, any indi-
vidua'l, .firm, partnership, corporation, association, or other formn of
enterprise who'or which buys milk and/or ice cream cans for use by
himself or itself or his or its patrons.
Nothing in this Section B3 shall be construed by any member of
th-e Industry as a device for maintaining resale prices.
C. To defame or d'isparage a competitor directly or indirectly, by
w-ords or acts which untruthfully impugn his business integrity, his
albility to keep his contracts, his credit standing, or the quality of his
products, is an unfair trade practice.
D. To imitate or simulate thie trade mark, trade name, package,
wrapper, or label of a competitor's product t~o such a degree as to
5 See paragraph 2 of ordr approving this Code.
deceive or have a. tendency to deceive customers is an unfair trade
]E. Tlo give, permit to be given, or directly offer to give, anything
of valu for the purpose of influencing or rewarding the aIction o
any~ employee, agent or representative of another in relatioln to the
business of the employer of such employee, thzeprnilofuh
agent or the represented party, without the knowledge nof such. em-1ofsc
ployer, principal or party, is an -unfair trade practice. Prov7idecd,
however, that nothing in this Section contained shall be so con-
struedl as to prohibit free and gaener~al dlistributio~n of articles com-
monly used :for adveertising, except so far as such articles are actually
used fior commercial bribery as hereinabove defined.
F. T'he false marking or brandlinga of any product of the 'Inust~ry
which has the tendency to misleatd or deceive customers or prospec-
tive customers, whether as to the grade, quality, qluantity, substance,
character, nature, origin, size, finish, or preparation of any product
of the Industry, or otherwise, is an unfair trade practice.
G. TZhe making, or causing, or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement,
by way of advertisement or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the Industry, or the credit terms,
values, policies, or services of any member of the Industry, or other-
wise, having the tendency or capacity to mislead or deceive customers
or prospectivPe customers, is an unfair trade practice.
HE. All members of the Industry, ~when selling on a timne-colntract
basis, shall use a standard form of sales contract which shall include
maximum and minimum quantities (with the maximum quantity
being no greater than. twfentyv-five (25) percent above the minimum
quantityI), definite terms of time coverage, adequate description of
the. product and all other items necessar1y to form. a complete, un-
ambiguous agreement between seller and buyer; said standard form
of sales contract to be subject to the appr~oval of the Administrator.
I. All members of the Industry shall confirm to prospective buy-
ers in writing all verbal contractual quotations within five (5) dlays
so that defimt evidence: of such quotations may be on record, and
such confirmations must embody all terms a~nd considerations of the
proposal. No additional verbal understandings shall be entered into.
J. Indlucingo, or attempting to induce, the breach of any contract
between a competitor and his customer, or the repudiation of con-
tracts or the acceptance of repudiations of contracts, are unfair trade
Kt. Shipping goods on consignment is an. unfair trade practice.
The. term "L consignment ", as used in, this Section, mleans the sulp-
plying of goods to a consignee for u~se or sale by the conlsignee under
any contract, agreement, or understanding whereby title to the goods
remains in the consignor uxntil such timae as they are withdrawn
from the consigned stock and/or used or sold by t~he consignee, and
under which no liabjiit~y for the purchase price of said goods arises
on the part of the consignee until such withdrawall and~/or use or
sale by himt.
L. The terms of payment of the Industry shall not be in excess
of two (2) percent for cash in ten (10) days, net thirty (80) days,
from dat of invice an~d dlate of invoice shall be no later than date
of shipment; providedc, however, that in cases where numerous in-
voices are rendered to a customer during a month, those invoices
dated rom the first to the fifteenth of a month inclusive may be
discounted on the 25th of the same month and invoices dated from
the 16th to the end of a month inclusive may be diiscounted on the
10th of the next following month.
1M. The giving of any guarantee against decline in price, except
as against the seller's own decline up to date of shipment, is an
unfair trade practice.
SECTION 1. Thlis Sulpplementary Code and all the provisions thiere-
of are expressly made subject to the right of the President, in accord-
ance with, the provisions of sub-section (b) of Section *10 of the Act,
from time to time to cancel or mlod-ify any order, approval, license,
rul, or regulation iss~ued under said Act.
SECTION 2. This Supplementary Code, except as to provisions re-
qulired by th~e Act, may be modified and,'or amended on the basis of
experience or changes in circumstances, such modifications and/or
amendments to be based upon application by the Supplementary
Code Authority or other representative group within the Industry
to the Administrator and such notice and hearing as he shall specify
and to become effective as part of this Supplementary Code on ap-
proval by thze President an~d/or the Administrator.
SECTION f. NO provision of this Supplementary Code shall be so
applied as to permit monopolies or monopolistic practices, or to
elimmiat~e, oppress, or disscrnimmate a.gamnst small enterprises.
SECTIN 2. WhT~ereas the poliy of the Act to increase real purchas-
ing p~ower will be made more difficult of consummation if prices of
goods and services increase as rapidly as wragres, it is recogmlzed that
price increases except such as may be required to meet individual
cost should be delayed, but when made such increases should, so far
as possible, be limited to actual additional increases in the seller's
.Anucu: VIII[I-EFFECTEVE DATE AND DonanowO
This Sup~plemlent~ary Code shall become effective at 12: 01 o'clock
A. M. on the tenth day after it is approved by the President and
shanll continue in effect until June 16, 1935, or the earliest date prior
thereto on which the President shall, by pr~oclamation, or the Con-
gssshall, by joint resolution declare that the emergency recognized
bySection 1 of th Nat~ionnd Industrial Recovery Act, has ended.
Approvedl Code No. 84---Supplnlment No. 30.
Registry No. 113G-t)5.
UNIVERSITY OF FLORIDA
1111111111111I I~ll11111111|111111 11111111111
3 1262 08856 0973