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d^^' ^ TJAR FOOD ADMINISTRATION

^ Food Distrib-ution Administration

Washington 25, D. 0.

November 2

INDUSTRY OPERATIONS BRANCH IvESMORANDUl^ NO. 2

To: Branch and Division Chiefs, Regional Directors alid^oVernment

* Chairmen of Food Industry Advisory Committees

From; E. A. Meyer, Chief, Industry Operations Branch

Subject: Use of the "Task Letter" To Obtain Information From Industry

When further study is needed on a problem raised in an Industry Advisory
Committee meeting, •r the assistance of the industry is needed in gather-
ing information, a "task letter," may be used. The task letter is
provided for in our clearsnce with the Attorney General. It is usually
addressed to three industry men, knoT-m as the "task group," requesting
them to carry out a specific assignment. The letter should always be
sent, even if it merely confirms verbal instructions and should predate
any general activities on the part of the group. The letter is for the
protection of the industry men against violation of Antitrust Laws and
the protection of the Government in case the group should overextend its
activities.

A specimen of a task letter, approved by the Office of the Solicitor,
is attached. Your attention is called to these points.

1, The letter must clearly state the relation of the requested information
to the 7ar Food Program of the Government. The letter must not he used
to give clearance to groups desiring to present programs designed for
relief frora alleged hardships. Programs of this latter tj'pe are han-
dled informally, with the activities of the responsible parties subject
to the normal operation of the Antitrust Laws.

2, The letter, after approval by the commodity branch chief, should be
routed to the Industry Operations Branch for clearance of over-all ,
policy and with the Solicitor,

3, The task should be clearly defined, so the task group knows exactly
what is expected of them,

4, A time limit should be set to prevent the task group from working
together indefinitely.

5, Three copies of each task letter should he sent to the Industry Opera-
tions .Branch,

Members of task groups are not necessarily committee memhers, nor must
they be representative of the industry. For this reason they should "be
referred to as "groups," rather than committees, ^hile it is customary
not to appoint a chairman, and to give each member identical responsibility,
there is no objection to their agreeing informally for one of them to take
the lead. All of them should sign the report.

There a task group recommends action which would affect the industry general
ly, the report should "be reviewed hy the Industry Advisory Committee con-
cerned to get the comments of the' representative group. To expedite this
procedure, the task group is often requested to send a copy of its report
directly to each committee meraloer "by a specified date, and a meeting is
scheduled to fall within a week or ten days. This gives the committee mem-
"bers time to study the report and assemble facts and opinions for pres(3nta-
tion at the meeting. Unless the committee members have the report in
advance of the meeting, much time is consumed in reading it to them, and
at "best you only get their "snap" judgment.

If care is taken to explain to t'he mem"bers the importance of the task axid
a goal is set for them to reach,, they will work hard and unselfishly' to
help the Food Distribution Administration and the we,r effort.

Copies of an exchange of letters "between the War Food Administration aaid
the Attorney G-^neral are attached,

Attachments . ^ /

B-109

(Date)

Name
Company

Gentlemen:

This letter will confirm the request made to you at the ^meet-
ing of the Industry Pood Advisory Committee. At that

time you were asked to prepare an estimate of the amount of fats end oils
which might he saved "by the elimination of (a) bleaching "by means of an
a-f^ent such as Fuller's earth, and (h) refining when that process is carried
to a degree which is for lightening color only.

If possible, yre should like for you to have copies of the above report

mailed to other members of the Advisory Committee b y ,

for their consideration before the next meeting.

To carry out the above task you may feel free to carry on discussion or
correspondence with suppliers and customers of your industry and with
other members of your task group named above. However, for your own pro-
tection from possible action under the antitrust lav/s, we suggest that
you observe the following precautions;

1, Be sure that your actions do not go beyond the specific request
outlined above;

2, Do not call meetings of your industry (other than members of your task
group), circulate questionnaires, or make any agreements or understand-
ings with meribers of your industry;

3, If it is necessary to consult other individuals in the industry, be
sure to malce it clear that you are seeking their voluntary assistance
and that they are under no compulsion to divulge any information which
they regard as confidential.

The Attorney General has advised us that if you observe the above limita-
tions, no violation of the Federal antitrust laws will be involved.

On behalf of the Department of Agriculture, I should like to express our
appreciation of your willingness to devote your time and energy to this
task in the interest of the war effort.

Very truly yours,

Title

UiTITSD STAIES DEPAKTI,ENT OP AOEI CULTUPH
Wa\H FOOD ALI,iIEISTa\TI01T
lASHIEfGTON 25, D. C.

■ :,!ay 8 , 1943

Tlie Honorable

The Attornaj General ■ ■ ■ ' , .

Dear Mr. ■ Attorna;^^ General:

In connection v:ith the performance by the War Pood Ad:nini st ration of the func-
tions delegated by Slxeciitive Ordeirs Ihs. 9280 and 9322, as au:ended by Sxec-ati-«?e
Order rib. 9334, it is the policy of the Administration to consult v/ith Pood
Advisory Connaittecs, The" use of such comraitte.:s raaices it possible for the
Aduuni stration to Is-y its problems before representative j,roups of business
executives, and for industry, in turn, to present its problems to the Adminis-
tration.

Ihe industrj- advisor;.' coram ttee systera used by the Adraini vstration is similar in
organization, purpose and fu.nction to that employed by the 7'ar Production Board,
The f-'onctions of the coraiaittees a.re to collect and furnish information, and,
upon request; to render advice and ros-ke recoir!i.o.endations. No powers of decisision
or oniorcenent are delegated to them. Each cosmaittee is representative of an
entire industry or, if a particular segment is involved, of that segment. Meet-
ings are held only in the presence of a representative of the Administration who
is chairman of the corLmittee . Minutes of each meeting are kept and are reviewed
by the Office of the Solicitor of the Department of Agriculture.

In some instances, task groups composed of one or more members of a comaaittee
are foraied for the purpose of securing sjjecific information at the reques': of
the Government Chairman. In such cases, members of the task groups are in-
structed not to go bs3^oJid the specific request made b-- the Government Chairman,
and are -warned against callin;; meetings of industry, circulating questionaires
or viaJlng any agreement or understanding with other members of the industry.

It is believed tha.t the procedure indicated above is identical in principle with
that approved by yo\i in your letter of Au-gust 16, 1941, addressed to the Under
Secretary of Agriculture and the letter of April 29, 1941, written bv the then
Attorney Gc^neral and addressed to John Lord O'Brian, General Counsel of the
Office of Pi-oduction Llanagement , as s^ipplenented by your letter to Mr. O'Brian,
dated Deceraber 24, 1941.

If it becom.es necessary for a committee or an industry group to engage in any
activities other than those of th.e tj/pe mentioned above, it is intended that
consultation with the Department of v;^stice shall take place with respect to the
certification wihch is required under the terms of section 12 of Public Law 503,
77th. Congress. However, if this is not the case, no further cleciranco with the
Department of Justice than is now requested is contemplated.

S-Ths Attorney General

In viev/ of tliG desire of ;;:Gra"bors of industry for assurance tljat th^ir participa-
tion in the activities of indtistrv advisory cov.i;-;iittees will not be considered
in violation of the Anti-Trust Laws, it will "be helpful to have Eoae expression
on your part tha,t such participation in accordance with specific requests j.'iade
"by me or at i-rr direction and approved bT/ the Solicitor of the Departraent of
Agriculture in accordance with the proaedure deccrihed in this letter, 7/ill not'
ho viov/od 'by the Department of Justice as constituting violations of the Federal
Anti-Trust Lav;s , and that no prosecution will "do instituted for E't'.ch acts per-
foraod in good faith.

Sincerely yours,
/s/ Chester C, Davis
?'ar Food Administrator

F-751

■• OFPICE 01 ATTORUSY G-EIIEML
^ASHILIGTCW, D. C. •

I'iay 12, 1943

Honorable Chester C. Davis

Administrator

Vfar Food Administration

lYashington, D. C.

My dear i/Ir, Davis:

Heference is nade to your letter of i-Iay 8, 1943, concerning the Food In-
dustry Avivisory Gommittee formed "by the V/ar Food Administration in connection
with the perforniance of functions delegated hy Executive Orders Nos. 9280 and
9322, as a;nanded "by Executive Order Ko. 9334.

As you have indicated, the views of this Department as to the activities
of such cor.uidttees in relation to the Federal antitrust laws have "been expi^ssed
in letters to the Under Secretary of Agriculture dated Au.?:ast 16, 1941, and to
Mr. John Lord 0' Brian, dated April 29, 1941, and Decemher 24, 1941,

I 'onderstsnd that the Food Indjastry Advisory Corimittees utilized "by j^'our
AdEiini strati on are sianilar to those discussed in the a'DOve letters. This "being
the case, the opinions set forth in those letters are equally applicatilQ to
these coiiiinittees and tlie firnctions of the CoEiiittces described in your letter
will not "be viewed ijiy the Department of Justice as constituting violations of
the Federal antitrust lavrs.

With respect to the activities growing out of the ahove prodecure , however,
this Department reserves complete freedon to institute civil actions to enjoin
the continu.ing of a,cts or practices not found to "be in the puhlic interest and
persisted in after notice to desist.

I understand that if it "becomes necessary for a connittee or an industr;/
group to engage in any activities other than those of the type mentioned ahove,
it is intended that consultation with the Department of Justice shall take place
with respect to the certification which is required under ixhe terms of Section
12 of F-ahlic Law 603 , 77th Congress.

Sincerely yours,
/g/ Francis Biddle
Attorney G-eneral

F-751