Code of fair competition for the insecticide and disinfectant manufacturing industry as approved on April 6, 1934

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Material Information

Title:
Code of fair competition for the insecticide and disinfectant manufacturing industry as approved on April 6, 1934
Portion of title:
Insecticide and disinfectant manufacturing industry
Physical Description:
p. 245-257 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Insecticides industry -- Law and legislation -- United States   ( lcsh )
Disinfectants industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 615-01."
General Note:
"Approved Code No. 391."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63654779
ocm63654779
System ID:
AA00009831:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

INSECTICIDE

AND DISINFECTANT

MANUFACTURING INDUSTRY


AS APPROVED ON APRIL 6, 1934


UNIV. OF FL LIS.
l2. CUNTS DEPT,



U.S. DEPOSITORY


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


sale by the Superintendent of Documents Washingt D.C Price 5 cen
For sale by the Superintendent of Documents, Washinglon. D.C. - Price 5 cenot


Approved Code No. 391


Registry No. 615-01























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMEKCB
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville. Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 800 Federal Office Building.












Approved Code No. 391


CODE OF FAIR COMPETITION
FOR THE

INSECTICIDE AND DISINFECTANT
MANUFACTURING INDUSTRY

As Approved on April 6, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE INSECTICIDE AND DISINFECTANT
MANUFAcTURING INDUSTRY
An application 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 approval of a Code of
Fair Competition for the Insecticide and Disinfectant Manufactur-
ing Industry, and hearings having been duly held thereon and the
annexed report on said Code, containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided, however,
that the provisions of Article VII, Sections 1, 2 (a) and (b) inclu-
sive, insofar as they prescribe a waiting period between the filing
with the Code Authority (i.e., actual receipt by the Code Authority)
and the effective date of revised price lists or revised terms and condi-
tions of sale, be and they are hereby stayed pending my further
order.
HUGH S. JOHNSON,
Administrator for Indust3rial Recovery.
Approval recommended:
GEO. L. BERRY,
Division Adm7inistrator.
WASHINGTON, D.C.,
April 6, 1934.


(245)


51571"- 482-36- 34












REPORT TO THE PRESIDENT

The PRESIDENT,
The White Hotse.
SIR: A Public Hearing on the Code of Fair Competition for the
Insecticide and Disinfectant Manufacturing Industry, submitted by
the National Association of Insecticide and Disinfectant Manufac-
turers, Inc., was conducted in Washington on the 22nd of November
1933, in accordance with the provisions of the National Industrial
Recovery Act. This Association claims to represent seventy-five
(75%) percent of the Industry.
PROVISIONS OF THE CODE AS TO WAGES AND HOURS
This Code specifies with the exceptions indicated that no employee
shall be permitted to work in excess of eight (8) hours per day or
forty (40) hours in any calendar week. Provision is made, however,
that these limitations shall not apply during eight (8) weeks of the
year in which seasonal or peak periods place an unusual and tempo-
rary burden upon the Industry. It is further provided that in no
case shall the hours worked in any calendar week exceed -forty-eight
(48) hours during seasonal or peak periods and that in respect to
emergency maintenance and repair shop crews, engineers, firemen
and electricians, there should be allowed a tolerance of ten (10%)
percent and further that watchmen shall not be permitted to work
in excess of fifty-six (56) hours in any calendar week.
It is provided that there be excepted from the maximum hour pro-
visions, executives, administration, technical, and supervisory em-
ployees receiving $35.00, or more per week, and outside salesmen
and outside service crews.
There is provision, that employees on an hourly rate of pay shall
be paid not less than one and one-third times the regular hourly
rate for work in excess of eight (8) hours in any twenty-four (24)
hour period.
The Code provides a minimum wage of forty (400) cents per
hour for male employees, and thirty-five (35t) cents per hour for
female employees. The minimum wage that shall be paid to all other
employees, except commission sales people, shall be not less than at
the rate of $15.00 per week.
Where female employees perform substantially the same work as
male employees they shall receive the same rate of pay.
It is provided that learners and apprentices, for a period not to
exceed eight weeks, may be paid not less than 80 percent of the
regular rates for the work performed, but there is a limitation on
the total number of such learners and apprentices which prescribes
that they shall not at any time exceed 5 percent of the total number
of employees.
(246)






247


The Code provides an equitable adjustment in all pay schedules
of factory employees above the minimum shall be made not later
than thirty days from the effective date by any employers who have
not heretofore made such adjustment subsequent to June 16, 1933,
and the first reports of wages required to be filed under this Code
shall contain all wage increases made since June 16, 1933.
Persons, who because of age or physical or mental handicap,
are considered to be of limited earning capacity, may be employed
by this Industry on light work at a wage below the minimum estab-
lished by this Code if the employer obtains from the State Au-
thority, designated by the United States Department of Labor, a
certificate authorizing his employment at such wages and for such
hours as shall be stated in the certificate. Each employer is di-
rected, under the provisions of the Code, to file with the Code
Authority a list of all such persons employed by him.
ECONOMIC EFFECTS OF THE CODE
Insecticide and Disinfectant Manufacturing Industry may be con-
sidered as having two Divisions-one of which manufactures insec-
ticides and the other disinfectant materials. While there are
differences in labor conditions in the two Divisions the marketing
problems are very similar.
It is estimated that there were over 1300 firms engaged in the
Industry, but investigation has indicated that there are but approxi-
mately 275 bona fide members.
This Industry is one which is closely related to the health condi-
.tions of the country. Its products are used in checking the spread
of diseases and insects which may be carriers. Government experts
have estimated that the total loss from depredations of insects
amounts to two billion dollars annually. From this stand-point
the Industry performs a very real and valuable function.
It has been reported that in 1929 the aggregate annual sales in
dollars amounted to $18,350,000. At this time, 1500 employees were
engaged in the work of this Industry. In 1933 sales for a six month
period indicated a total annual sales production of $5,200,000 and
but 1350 employees engaged in the Industry.
The Industry is subject to two peak periods with the greatest
demand coming in the spring and fall months. This demand ap-
pears to be affected by weather conditions and may become acute in
case of epidemics.
The Code provisions will reduce the hours worked per week about
16 percent for factory employees and about 9 percent for office em-
ployees. Employment should be increased about 25 percent above
the June, 1933 figures but may still be slightly less than the 1929
average. The minimum wage rates proposed should result in sub-
stantially higher minimum earnings and somewhat higher average
earnings than prevailed in 1929. It is estimated that payrolls will
probably be increased about 33 percent above those of June, 1933.
The Code provision of a $15.00 per \week miniluin wage for all
except factory employees is substantially above the minimum wages
paid office workers in 1929.






248


FINDINGS
The 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-
ceedings 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 and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry 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 possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limit.
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is a trade association truly representative of the aforesaid Indus-
try; and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit 'monopolies
or monopolistic practices.
(e), The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, this Code has been approved.
Respectfully,
HUGH S. JOHNSON, Administrator.
APRm 6, 1934.













CODE OF FAIR COMPETITION FOR THE INSECTICIDE
AND DISINFECTANT MANUFACTURING INDUSTRY

ARTICLE I-PIRPOSES
To effect the policies of Title I of the National Industrial Recovery
Act, the following provisions are established as a Code of Fair
Competition for the Insecticide and Disinfectant Manufacturing
Industry, and upon approval by the President shall be the standard
of fair competition for such Industry and shall be binding upon
every member thereof.

ARTICLE II-DEFINITIONS
1. The term Industry ", as used herein, includes the manufacture
for sale of household and live stock insecticides, disinfectants, sani-
tary deodorants, tar oil and pine oil dips, and concentrates and/or
extracts used in the preparation of same.
2. The term Insecticide ", as used in this Code, shall include any
substance or mixture of substances intended to be used for prevent-
ing, destroying, repelling or mitigating any insects which may
infest animals, household or other buildings, excluding moth-proof-
ing substances or compounds, borates, arsenicals, fluorides, cyanides,
and fumigants.
3. The term "Disinfectant", as used herein, means any chemical
or drug or combination of chemicals or drugs intended to destroy
one or more kinds of disease germs, or other harmful micro-organ-
isms, (not including bacterial spores) when applied to all inanimate
objects that might harbor disease germs.
4. The term minimum standard", as used herein, applies to
liquid household insecticides for use against house flies, and shall
mean not less than 60% kill, using the Peet-Grady test.
5. The term member of the Industry includes any individual,
partnership, association, corporation, or other form of enterprise
engaged in the Industry, either as an employer or on his own behalf.
6. The term employee ", as used herein, includes any and all
persons engaged in the Industry, except a member of the Industry,
however compensated.
7. The terms President ", "Act ", and "Administrator as used
herein, shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator for
Industrial Recovery.
8. The term "Association" as used herein means the National
Association of Insecticide and Disinfectant Manufacturers, Inc., a
trade association incorporated under the laws in the State of New
York and having its headquarters office in New York, N.Y.
(249)






250

ARTICLE III-HouRS
SECTION 1. No employee shall be permitted to work more than six
(6) days, nor more than forty (40) hours in any calendar week, or
eight (8) hours in any one day. Provided, however, that these limi-
tations shall not apply during eight (8) weeks of the year in which
seasonal or peak demands place an unusual and temporary burden
upon the Industry; but in no case shall the hours worked in any
calendar week exceed 48 hours during such seasonal or peak periods;
and provided further, that with respect to emergency maintenance
and repair shop crews, engineers, firemen and electricians there shall
be allowed a tolerance of ten per cent; provided further, that watch-
men shall not be permitted to work longer than 56 hours in any cal-
endar week, and provided further, that nothing in the foregoing
maximum hour provisions shall apply to executive, administrative,
technical and supervisory employees who receive $35.00 or more per
week; and outside salesmen and outside service crews.
SECTION 2. If any employee on an hourly rate of pay works in
excess of eight (8) hours in any twenty-four (24) hour period, the
wage paid for excess hours shall not be less than one and one-third
the regular hourly rate.
SECTION 3. No employer shall knowingly engage any employee for
any time which when totaled with that already performed with
another employer, or employers, exceeds the maximum permitted
herein.
ARTICLE IV-WAGES
SECTION 1. The minimum wage that shall be paid factory em-
ployees shall be at the rate of forty (40) cents per hour for male
employees, and at the rate of thirty-five (35) cents per hour for
female employees.
SECTION 2. The minimum wage that shall be paid to all other em-
ployees, except commission sales people, shall be not less than at the
rate of $15.00 per week.
SECTION 3. Learners and apprentices for a period of not to exceed
eight weeks may be paid not less than 80% of the regular rates for
the work performed, but in the case of any employer the total number
of such learners and apprentices at any time shall not exceed 5%
of the total number of employees.
SEcION 4. Equitable adjustment in all pay schedules of factory
employees above the minimum shall be made not later than 30 days
from the effective date by any employers who have not heretofore
made such adjustment subsequent to June 16, 1933, and the first
reports of wages required to be filed under this Code shall contain
all wage increases made since June 16, 1933.
SECTION 5. This article establishes a minimum rate of pay whih
shall apply, irrespective of whether an employee is actually
compensated on a time rate, piecework, or other basis.
SECION 6. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
SEcTION 7. A person whose earning capacity is limited because of
age or physical or mental handicap may be employed on light work






251


at a wage below the minimum established by this Code if the em-
ployer obtains from the State Authority designated by the United
States Department of Labor a certificate authorizing his employment
at such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
ARTICLE V-GENERAL LABOR PROVISIONS
SECmION 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall
submit to the Administrator as soon as possible a list of such opera-
tions 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 certificate or permit duly signed by the Authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
SECTION 2. As required by Section 7 (a) of Title 1 of the Act, the
following provisions are conditions of this Code:
(a) Employees shall have the right to organize and bargain col-
lectively through representatives 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 representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection;
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing; and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
SECTION 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge for the pur-
pose of defeating the provisions of the Act or of this Code.
SECTION 4. The provisions of this Code shall not supersede any
law within any State which imposes more stringent requirements
on employers as to age of employees, wages, hours of work, or as to
safety, health, or sanitary conditions, or insurance, or fire protection,
or general working conditions, than are imposed by this Code.
SETION 5. All employers shall post complete copies of the labor
provisions of this Code in conspicuous places accessible to employees.
SECION 6. If any employer in this Industry is also an employer
in any other Industry, the provisions of this Code shall apply to,
and affect only, that part of his business which is included in this
Industry.
ARTICLE VI-ADMINISTRATION
SECTION 1. A Code Authority is hereby constituted to cooperate
with the Administrator in the administration of this Code.
SECTION 2. The Code Authority shall consist of nine (9) members
to be selected as hereinafter provided, and in addition thereto there






252


may be three members without vote, to be appointed by the Adminis-
trator to serve without compensation from the Industry.
The Industry members shall be selected by a fair method, subject
to the approval of the Administrator, under the following conditions:
(a) Seven members by the members of the Industry who are mem-
bers of the Association, two of whom shall be from the petroleum
refining companies who are members of the Industry and members
of the Association; and
(b) Two members from members of the Industry who are not
members of the Association.
The members who may be appointed by the Administrator shall
receive all notices of meetings given to members of the Code
Authority.
SECTION 3. The Association participating in the selection or activi-
ties of the Code Authority shall (1) impose no inequitable restrictions
on membership, and (2) submit to the Administrator true copies of
its articles of association, by-laws, regulations, and any amendments
when made thereto, together with such other information as to
membership, organization, and activities, as the Administrator may
deem necessary to effectuate the purposes of the Act.
SECTION 4. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Code, the Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Code, may require
an appropriate modification in the composition and method of
selection of the Code Authority.
SECTION 5. Members of the Industry shall be entitled to partici-
pate in and share the benefits of the activities of the Code Authority
and to participate in the selection of the members thereof by becom-
ing members of the Association, and/or by assenting to and comply-
ing with the requirements of this Code and sustaining their reason-
able share of the expenses of its creation and administration. Such
reasonable share of these expenses shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable.
SECTION 6. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner to
anyone for any act of any other member, officer, agent, or employee
of the Code Authority. Nor shall any member of the Code Au-
thority exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anyone for any action or commission to act
under this Code, except for his own willful misfeasance or non-
feasance.
SECTION 7. The Code Authority shall have the following further
powers and duties:
(a) To insure the execution of the provisions of this Code and
to provide for the compliance therewith by the Industry under rules
and regulations approved by the Administrator.






253


(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To secure from members of the Industry such information
and reports as are required for the administration of the Code.
Such information and reports shall be submitted by members to such
neutral agency or agencies as may be designated by the Code Au-
thority. In addition to information required to be submitted to the
Code Authority all or any of the persons subject to this Code shall
furnish such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of said Act to such
Federal and State agencies as the Administrator may designate.
Nothing in this Code shall relieve any person of any existing obliga-
tion to furnish reports to Government agencies. No individual re-
ports shall be disclosed to any other member of the Industry or any
other party except to such governmental agencies as may be directed
by the Administrator.
(d) To use such agencies as it deems proper for the carrying
out of any of its activities provided for herein and to pay such
agencies the cost thereof, provided that nothing herein shall relieve
the Code Authority of its duties or responsibilities under this Code.
(e) To secure from the members of the Industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(f) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Code.
(g) To initiate, consider and make recommendations for the modi-
fication or amendment to this Code.
SECTIN 8. If the Administrator shall determine that any action of
a 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 investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.

ARTICLE VII-TRADE PRACTICES'
SECTION 1. The Code Authority shall proceed to establish a uniform
system of cost accounting in conformity with accepted standards,
for use by the members of the Industry. Upon approval by the
Administrator, such system of cost accounting shall be used by' each
member of the Industry in determining his costs. The Code Author-
ity shall survey the Industry to determine, subject to the approval of
the Administrator, which members thereof are truly representative.
Upon such determination, the Code Authority shall proceed to gather
cost data from such members, determined under such cost finding
procedure, and when such cost data is ascertained the results shall
be made known to members of the Industry and thereafter, subject
SSee paragraph 2 of order approving this Code.






254


to the approval of the Administrator, it shall be unfair competition
to sell products of the Industry below the lowest reasonable cost
so determined from such data.
SECTION 2 (a) Since it has been the recognized practice of the
Industry to sell its products on the basis of printed net price lists,
or price lists with discount sheets which are distributed to the trade,
each member of the Industry shall, within ten days after the effective
date, file with the Code Authority a net price list, or a price list and
discount sheet, as the case may be, individually prepared by him, and
the Code Authority shall immediately send copies thereof to all mem-
bers of the Industry concerned.
Revised net price lists, or revised price lists with discount sheets,
may be filed from time to time thereafter with the Code Authority
by any member of the Industry, to become effective upon the date
specified therein, but such revised price lists and discount sheets shall
be filed with the Code Authority five days in advance of the effective
date thereof, unless the Code Authority shall authorize a shorter
period. Copies of revised price lists and discount sheets, with the
effective date specified, shall immediately be sent to all members of
the Industry concerned, who thereupon may file, if they so desire,
revisions of their price lists and/or discount sheets, which shall
become effective upon the date when the revised price list or discount
sheet first filed shall go into effect.
(b) Such price lists and discount sheets shall definitely specify
the prices, discounts and terms which shall apply in all sales except
as otherwise herein provided.
(c) All quantity discounts shall be true quantity discounts, based
on each sale, and sales shall not be accumulated for the purpose of
applying quantity discounts. No quantity discount shall be allowed
on any order for insecticides amounting to less than $45.00 except
under conditions prescribed or approved by the Code Authority.
(d) No member of the Industry shall sell any products of the
Industry at a price or prices lower than or upon terms or conditions
more favorable than stated in his price schedule filed as hereinbefore
provided.
(e) Nothing in Sections 1 and 2 of this Article shall be interpreted
to prevent any sale in good faith of any products that any member
of the Industry may be discontinuing in his line, or damaged goods
or inventories which must be converted into cash to meet emergency
needs, upon such terms and conditions and in such amounts as the
Code Authority may approve.
SECTION 3. It shall be unfair competition for any member of the
Industry to pay a buyer for a special advertising, merchandising or
distribution service by such buyer except (a) in pursuant of a written
contract made in good faith and explicitly defining the service to
be rendered and the payment therefore, and (b) after such service
is duly rendered and payment is reasonable. Such payment is
reasonable in amount if in the case of a printed advertisement the
payment does not exceed the actual cost of the advertisement, calcu-
lated on a lineage basis which shall not exceed the actual rate paid
and shall not exceed the cost of advertising on a lineage basis as
set forth in the current national rate and data book. In the case
of circulars, window poster and/or similar printed matter, no allow-






255


ance shall exceed the actual cost of printing. No such payment
shall be made for a counter, shelf, floor, or window display, in excess
of the regular rate established by the local window display service
companies.
SEorroN 4. It shall be unfair competition for any member of the
Industry to use advertising (whether printed, radio, display or of
any other nature) or other representation which is inaccurate in any
material particular or in any way misrepresent any commodity
(including its use, trade-mark, grade, quality, quantity, origin, size,
substance, character, nature, finish, material content or preparation),
credit terms, values, policies, services, or the nature or form of the
business conducted.
SECTION 5. It shall be unfair competition for any member of the
Industry to exchange or offer to exchange its merchandise for the
merchandise of another member of the Industry, or for any other
merchandise other than that of similar ingredient or name.
SECTION 6. Requiring a buyer to purchase one product of the
Industry to influence or force the sale of another product of the
Industry, or any substitution of a product for one that is ordered
by the buyer, without his consent or approval, or the imposing on
the buyer of any unjust or uneconomic term or condition of sale, is
unfair competition; however, nothing in this section shall be deemed
to prevent the sale of combination packages of products of the
Industry and special service appliances therefore.
SECTION 7. It shall be unfair competition for any member of the
Industry to sell, or offer to sell, products of this Industry on the
basis of guaranteed sales, or any bill-back or charge-back arrangement
whatsoever.
SECTION 8. No member of the Industry shall ship goods on consign-
ment except under circumstances to be defined by the Code Authority
where peculiar circumstances of the Industry may require the
practice.
SECTION 9. Furnishing special containers, preparing special for-
mulae for individual buyers or consignees, or using special in-
gredients in standard formulae, as an inducement to the making of a
contract and/or sale, without adequate charge therefore, is unfair
competition.
SECTION 10. No member of the Industry shall give, permit to be
given, or directly offer to give, any thing of value for the purpose of
influencing or rewarding the action of any employee, agent or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. This
provision shall not be construed to prohibit free and general distri-
bution of articles commonly used for advertising except so far as
such articles are actually used for commercial bribery as hereinabove
defined.
SECTION 11. The sale or offering for sale of any liquid household
insecticides, for use against flies, below the minimum standard "
as defined in this Code, or of any Pyrethrum products below the
standards defined by the United States Department of Agriculture,
is unfair competition.






256

SECTION 12. No member of the Industry shall use advertising or
other representation which refers inaccurately in any material par-
ticular to any competitors or their commodities, prices, values, credit
terms, policies, or services.
SECTION 13. The dating of any invoice other than the date of ship.
ment, and the withholding from, or inserting in the invoice, facts
which make the invoice a false record, wholly or in part of the
transaction represented on the face thereof, is unfair competition.
however, June 1st dating may be allowed on all shipments from
January 1st to June 1st.
SECTION 14. The payment or allowance of secret rebates, refunds,
credits, unearned discounts, or other special concessions or allow-
ances, including donations or gifts of any nature, whether in the
form of money, free goods, or otherwise, is unfair competition.
SECTION 15. Allowing terms of payment more favorable than 2%
cash discount 10th proximo or more favorable than net 30th prox-
imo, is unfair competition; however, members of the industry may
make special terms to public or semi-public institutions.
SECTION 16. No member of the Industry shall maliciously attempt
to induce the breach of an existing contract between a competitor
and his employee or customer or source of supply; nor shall any
such member maliciously interfere with or obstruct the performance
of such contractual duties or services.
SECTION 17. Imitating or simulating any design, label or trade
name used by other members of the Industry, is unfair competition.
SECTION 18. It shall be an unfair trade practice to so alter the
physical characteristics of any advertised or guaranteed product of
the Industry for the purpose of resale thereof in such a way that
the effect of such alteration is to deceive and/or mislead the pur-
chaser thereof as to the kind, quality, character, or effectiveness of
such product.
SECTION 19. A tar disinfectant or pine disinfectant or mixture of
both, shall bear a label containing a plain, conspicuous, correct and
definite statement of the Bacillus typhosis phenol coefficient thereof,
as determined by the methods prescribed and promulgated by the
Secretary of Agriculture. No phenol coefficient shall be required
upon a label or accompanying printed matter of other than tar
disinfectant or pine disinfectants, or mixture of both, but may be
permitted on disinfectants or germicides other than tar disinfectants
or pine disinfectants under such rules and regulations as may be
promulgated by the Secretary of Agriculture. Any violation of the
provisions of this section is unfair competition.
ARTICLE VIII-EXPORT TRADE
SECTION 1. No provision of this Code relating to prices or terms
of selling, shipping, or marketing shall apply to sales or shipments
for export trade.
SECTION 2. Subject to the approval of the Code Authority, the
exceptions established by this article shall apply also to sales or
shipments of materials actually used in the manufacture for export
trade.






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ARTICLE IX-MODIFICATIONS
SECTIoN 1. As required by Section 10 (b) of Title I of the Act,
the President may, from time to time, cancel or modify any order,
approval license, rule, or regulation issued under said Title.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or change in circum-
stances, such modification to be based upon application by the Code
Authority, or other interested parties, to the Administrator and after
such notice and hearing as he shall specify, and become effective
upon his approval.
ARTICLE X-MONOPOLIES
No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.

ARTICLE X I-EFFECTIVE DATE
This Code shall become effective on the eleventh day after its
approval by the President.
Approved Code No. 391.
Registry No. 615-01.





UNIVERSITY OF FLORIDA



3 1262 08850 3205



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