- Price b eals
Approved Code No. 525
Registry No. 1625--61
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
RETAIL TRADE IN THE
TERRITORY OF HAWTAII
AS APPROVED ON OCTOBER 15, 1934
WE DO OUR PART
U rTED STATES
N FT PRINTING OFFICE
~wir sl by the Supertatendent of Doculments, Washington, D. C. ..--
This publication.is for sale bys the Superintendlent of 1Documents, Governmlent
Printing Offce, Wanshinigton, D. O., and by district offices of the Burenu of
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Approved Code No. 525
CODE OF FAIR COMIPET~ITI'ON
RETAIL TRADE IN THE TERRITORY OF HA~WAII
As Approved on October 15i, 1934
APPRO.ING CIODE OF IAIRI COMPETITIONS FOR TH1E RETAIL TRADE IN THE
TERRITORY OF Hnnwalr
Aiin pplicaitio ni having beeni duly made purs1uant to and in full
compliance w~ithl the provisions o~f Title I of th~e National Industrial
RecoveryL~ Ac't, alpprov'ed June 16., 1933, for approval of a Code of
Fair Clomlpetition for thle Retail Trrade inl the Territory of Hawaii,
and hearings hlavinlg been duly h~eldl thereonl, anid the annexed report
on said Codxe containingE firings withl respect. thlereto having been
mlade a7ndl directed to th~e Pr~esid~ent.:
NOWV, THEREFORE, on behalf of the President of the U~nited
States, thle National Industr~ial Recoveryp Boardt, p~ursuant to author-
ityv vested in it by Executive Orders of thle President, including
Executives Order No. 6859, and otherwise; dloes h~ereby incorporate by
reference said annexedl report andl does findt that said Code complies
in all respects withi thle pertinent. provisions and will promote the
policy and p~urposes of saidl Title of said Act; and does hereby order
thiat said Code of Fair Comnpetitionl be and it is hereby approved,
subject to th~e following conditions:
(1) That all members of this Trade as defined in this Code under
Article II, Section 1, shall to the extent that they are engaging mn
this Trade in Hawaii, he exemupt fromi the provisions of any other
Code of Fair Competition to which they miight now or might here-
a after, but for this Order, be subject.
(2) That the provisions of Article VI, Sections 11, 2, and 3, and of
Schedule A, Section 3, reclat~ing to miinimiumi wages, are stayed as to
outside salesmen, as defined inl Article II, Section 5 (c).
(3) That thle provisions of Art~icle VI, Sect~ions 1, 2, and 3, and
of Schedule A, Section 3, relating to .minimum wages, are stayed
as to employees of retail drug establishments engaged at least sixty
(60) per cent of their working hours in dleliverng: merchandise out-
side the establishment by which they are employed.
(4) This Code shall become effective fourteen (14) days from
the date hereof unless goodl cause to thle contrary is shown to the
91370* -1244-51 341 t4 1
National Industrial FRccoveryS B~oard before that tirne andl the Na-
tional Industrial Recovery ]Board issues a sublseqluent order stayingo
or modifying this order of approval.
NATIONAL INDUSTRIAL RECOVERY BGARD,
By G. A. Lk wnCI, A~dmZn~iStrattive Officer.
ROBERT L;. HousToN,
Duiviionr 117,)l dininistraor'.
WASH"INGTON, D. C7.,
October 15, 193.j~
REPORTS TO THE PRESIDENT
Tihe WhTite Howe4.
SIR: Thlis is a repor~t of thle hlea~inlg on th~e Code of F'air Comnpeti-
;tion ~for th~e Reta~il Trade ini the Terr~itor~y of H-]awiaii, as prloposed byT
the Retail Associat~ion of Hawaii. The. public hlearinlg was con-
ducted inl Honolulu, T. H., on the 5th of Februar~y, 1934 The
Association claims to represent over 60t'b of the Trade.
This Code closely follows the Code of Fair Competitionl for the
Retail Tradte andt has the same applicat~ion in the Territory of
Hawaii as th~e approved~ Code of Fair Comlpetition for the Retail
Trade hlas on thle MaIinlandl. Thle schedules appendled contain special
provisions w~hich~ apply only to retailers of the following products:
Drugs andi Allied Products; F~oodl, G~roceries, and their Allied Prod-
ucts; M~usic and Radio; Electric Refrigeration; Jewelry anid Allied
Products ; Photogralphy and Photo-Fin~ishing.
Thle Code provides for a 40) to 48-hour wor~k week: at wages ranging
fr~om $9.00 to i1'2.00 per week; according to population of the com-
munity and the number of hours worked, w~ith certain necessary ex-
ceptions. PersEons under thle age of 16 are excluded from. employ-
mnent except for specified part-timie periods. The hour provisions are
identical withl those of thle Cod~e of Fair Comlpetition for the Retail
Trade but thle mninimuml wage requir~emlent~s have been slightly re-
duice~d to meet the conditions in thle Ter~ritory.
The Retail Tralde is the largest inl thle Ter~ritor~y of H~awaii, with.
som~e 2,800 establishments employing approxnimately 15,000 people.
Heretofore the average work week inl retail establishments has been
65 hours, andi though the average, salaries paidl to sales employees by
somne employers have been equal to or' above the mrinimum Iprescribed
in thlis Codle, in the great mlajorlty of establishments the wages have
been as low as $5.00 and $6.00), a weekr. It is estimated that the hour
provisions of the Codie will bring abolt, a substantial increase in em~-
ployment and that the minimum. wage provisions~r will double the
payroll of most establishmlents.
The Deputy Admiinist~ator inl his final report to the NIational In-
dustrial Recovery BIoard on said Codle having found as here-in se
forth and on t~he basis of all t~he proceedlings in this matter;
It finds that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
the remnoval of obstructions to the fr~ee flow of interstate and for-
elgn commerce which tend to diminish the amount thereof and will
provide for the general welfare by promoting the organization of
industry: for the purpose of cooperative action among the trade
groups, by inducing and maintaining united actiont of labor and man-
a~gement under adequate governmental sanction andc supervision, by
eliminating unfair comlpetitive! practices, by pr'omoting the fullest
poss~ible utilization of the present productive cap acity of indrustr~ies,
by avoiding undue restriction of production (except as may be
temporarily requiredc'), by increasing the consumlption of indu~str~ial
and agrricul~redui l r tllual pr~oduc~ts. through increasing pulrchansing power, by~
redcig ad ealvng unlemlplo~ymnent, by improving standarflds o
labor, and by otherw\Fise rehabilitating industry.
(b) Said Tradle Il~~normlly employs not more tha~n 50,000 emnployees;
and is not classified by it as a majzlor industry.
(c) Thet Code as approved ~comlielis in all r~espec~ts with~ the? per~ti-
nent provisions of Title I of the Act,-t including wiit~hout limnitationl
Subsection (a) of Section 3, Sub~sction (a) of Sectioni 7, and Sub-
section (b) of Sc~tion 10 thereof ; and that the ap~plicanlt association
imposes no inequlitable restrictions 011 adlmissionl to m~emlbership
therein and is truly repretsentativer of the Retail Trade in thle Terri-
tory1 of Hawaii.
(d) The Code is not d-esignedl to a7ndl will not.~ permit mono~lpolies or
monopolistic pra ect ices.
(e) The Code is not deslignedct to andl will not elimnilnate or oppr~e~s
small enterprises andcl will. not operate to dliscr1iminate against theml.
(f) Those engaged in other steps of thle. conomnic~ process have not
b~teen deprived of the right to be hca ed prior to apprloval of saidf
Focr these reasons this Cods has b~een alpp~roed.
Fior the National Industrial Recovecry Board :
G. A. LYh'ca,
OCTOBER, 15,l 13.1min i~strative Officer.
CODE OFi FiAICR COMPETI[TI[ONT OR THEIE RETAIL TRADE
I~N THE TERRITORY OF HAWAVII:
To effectuaate thie policy of Title I of th `National I~ndustrial
Recovery Act, the following provisions are esitablish~ed as a Code of
Fair Competition for the Retail Trade in the Terr1itory of Hawaii as
it applies to the Trade.
SECTION 1. A8pplCaicatio of God'e.--The provisio~ns of this Code,
except such provisions as ar~e included in Schedules A, B, C, D, E,
and F', annexed hereto, and in such others schedlules as may subse-
q~uently be appr~oved and annexed hereto, and except as hereinafter
specifically provided, shall apply to all retailers and/or retail estab-
lishments engaged in the Retail Trade as d~efinedl in ~Article II~ here-
:inafter. Thle provisions of Schednes A, B, C, D, E, and F and such
other schedules as may subsequently be annexed heretto shall apply
only to those retailers and/or ret~ail establishments as are specifically
included within the provisions of such schedules.
SECTION 2.. ReguestP for Separatle Crode.--Any division of the Retail
Trade which has not particlpatedl in the? formation or establishment
of this Code may m~ake application to the ~Administrator to operate
under a separate Code of Fair Competition. The A~dministrator
shall determine whether such division of thze Reltail T~rade shall oper-
ate under this Code or under a separated. Code of Fair Competition,
and may, if justice: requires, stay the application of this Code to such
division pending his decisionl or pending thle approval by the Admini-
istratorr of a Code of Fair Comipetition for such division.
This Code shall be bindlingr uponl \every retail establishment until
a separate Code of Fair Comnpetition may be approved or a stay of
this Code is granted.
ARTICLE 1- DEFIINITIONS
SECTION 1. Retail Trlade.--The termll retail trade as used herein
shall mean all selling of merchandise to the consumer and not for
resale purposes in any form, in t~he Ter~ritory of IHawaii. It is pro-
vided, however, that the termn shall not include the selling at retail
of milk and its products, or the dispensing of drugs, medicine and
medical supplies by a physician, dentist, surgeon or veterinarian in
the legitimate practice of his profession; and it is further provided
that the term shall not include anly division of retail selling which.
now or may hereafter be governed by a separate Code of Fair
Competition approved exclusively for the Terr~it~ory of Hawaii.
SECTION 2. IRetailer.-The term retailer "" as used herein shall
mean any individual or organization engaged wholly or partially
in the retail trade.
SECTION 3. Est7;\ab7iamen. -The termn establishment as used
herein shall mean anly store or department of a store, shop, "stand,
or other place where a retailer carries on business, other than those
places where the principal bulsiness is th~e selling at retail of p~rodul~cts
not included within the definition of retail trade. The term is also
used herein to Irefer to the re~tailer who carr'lies; on busliness in such
SEC.TION 4. Emp11i/loy~e .--The term employee as u1Sedr herein shall
mean any perlocn employed by an~y retailer buxt shall not include
persns mplyedpricipllyin the selling ~at retail of pr~oducts
,Clcrrax, 5. D~efin~ition~ of Personnlc.-- @) Execcutive: Thle term1
"' Executive ") as used herein shall mean an emplolyee respon'0sible fPor
the ma7lnagt~lement of a bu1Sine~ss or a recognized subdivision thereof.
(b) Professional Person: The term 'C p-rofessional person as ulsdc~
herein shall mean. lawyers, doctors, nurses, resea~rch tech~nicians,
advert:tising, specialists .andi other perc!sons engraged in occupa,~tio~ns
requiring a special discipline; and speeda a7ttommienlts.
(c) Outside Salesman: The term '"outside salesman as us~edl
hereinl shall meainl a salesmalfn who is engagedl not less than sixtyT
(60) per cent of his workring hours outside the etajtblishme~nt, or
any bra nelc h thereof, by whlichl he is emplloyed.
(d) Outside Collector: The term oultside collector as used
herein shall mean a collector of ne~countst who is engaged niot less
than sixty (60) per cent of his working hours outside, th~e establisih-
niient, or any branch thereof, by which hei is emlo yed
(e) Wa~ftchmnen and Gurdsl~li: The terms wat~clunlen a~nd
" gua~ds .as used her1einl shall m~ean empl~lloyees. ellngaed prlimalr~ily
i wthngand sa:fegualil~r d ingte, premllises andl property! of a
retail es~tablis~l lnent.t
(f) Store Dettec~tive: The terml store detective as us~edt herein
sha~ll m~eanl n emploee eng1aged ecsclusivelyV in detectivewrk
(g;) M~ainltenancc Em:lploye:c Thle term main~tenance~ employee n
as us~ed' herein shalil mean an employee essential to thle upkreepl and/or
preservation of th~e pr1emises~ and property of a retail esta:blishmlent.
(h) Outsid~e Service Emploee.: The terml1 "L outside servic iem1;-
ployee as used herein shall. mean an emplloyee engagredt primarily
in delivering, installing or servicing merlchandisee ornutsd heet
lishmnent, and shall include sta~ble a nd~ go ra.ge employees.
(i) Junior Emplo~~yee: The termz junior employee as used
herein shall meanL~I an emllployee under eighteen1 (18) yeasS of age.
:(j) Apprentice Empllloyee~: The term apetceepoe ans
used~rl herein shll mf~11 liean anl emplloye wTithl less thann s~ix (%) mo~nthfs'
expercien ce~ in the r~etail trade.
-(k) Part-t~imle Employee: The~ t~erm part-time emlployee as
us~reda hlerein shal~l mlean an emrlploy!ee who(- w~orks~ f;Or leSS thann the
mla xinanlll work wFeek.
iEc?rclux G. Populationl;~.-Populaltionl shall be det~ermin~ed by r~ef-
er~ence to thre F7ifteenthl Census of the UInitel .States (U.~ S. D~eprt.-
mecnt of Cornuner~ce, urenui of Clensuis, 1930).
Wrheret popla'ltions of towans andr~ vill\ges are nlt shown, the popu)L-
latirln olf the prtciinc~t shall detclrmiine.
SECIO 7.Fr 8//
r~espectrtlvel the Pre~c-itent of thlc Uinited~ S~;tat-, Tiitle I. of thle Nal-
t i oln al I ndust rial Recove~ryy Act, andl thl-e Adm1 ri ni I~ator for Indlust rial
Atrn1: c; III-Evenewr: lyn\I DATE
The: effec:~tiver clatc of this Code shall be thle second Mondlca~y oflfer
is final approvc, al.
SrclIws 1. C~ollectivie i3,luraining.--(a) Employees shall have the
right to (1rga1n izr and bargain collelt ively through repr'll,-(ntaivesf i\~ of
their owin choosi ng, and Ih allI: I be free fnon11 the i nIterfl enlce, restraint,
or coevlcon~ of employersl of labor, or their agenlt-:, in t~lhe dE'signat;ionl
of suchl representativt~~i-ces or in ilelf-o~rganz~izatio or in other concertedl
ac~tiv-ities for the purpo',(re of collective Unrga;~iinin or othler mutual aid
(b) N~o employees and no one .,eekiingv employmenl!t, shall be requ~il-red
as a cocnd it ionl of emllployment to joinr any company unliYIiion or to reflrai n
formn joining~, orgumnzing, or assisting a labor orga~nizati on of his own
(c) Emp-loyers shlln compllly wnjith thPe maximum hours of labor,
millmmrnl rates of pay, andlt other cocndlitilonsi of employment, app-lcrovedl
or pre'scribed byr the President.
SECTION 2. Child: abr7/r.--(a) On and after the eff~ctive-t dtenc of
this Code, no persorn urnder the agre of sixtee~n (16) yearsli shlfl:1 be
emp,~loyed~, ecstept that perJ1slons under1 -ixteen (16j) but over fourlteenl
(14)~ years of age mayn~ b~e empi~u!loe either,
(1 i) for a1 per"'iodl- nt. to exs~cedl three (3) hours per' day on six
(G) tlays perr week;, or,
(2) for onet day? pe~r weeki. suchl iany not to exceedcl eight (8)
In either ense, all such hiours o-f work~ shal be b~etween 7i A. M., andl
7~ P. hI., andit shall noct confl~ict w\ith thie emnployeel's hours of day
school. It is~ prov-,\idedl how\e\- er, that no personi~l under the: age o
sixteen (10) yearsl shall b~e emloyed!l. in delivering m rer~chandiseo
(b) It isi fur~therl pr~ovideld, thatf if a1 Terr1itorial law pres~cr1ibes a2
higheri l nininlunn age, noI prersonn belo~w thie age` lpecified~ by such
Territoriai l law\ shall bje employedet.
SECT'ION ;3. 1S~ftlfyni IH/ afle//.--(ai Every emplo~rcy er shall p~ro-
vide for thle safety hlealthl of emlployees' C dluring~ theC hours- and at the
plnees of their~ emlployment.
(b), Standardt s for safety andl healthi shall be submrittedl by the
Territor~ial C'od~ Author~ity to thle Admllinlist1nt~,r w\ihlinl six (6)
months after thle effective dalte of thiis C~ode.
SECTION 4. On or w~ith~in o.ne week~ after the e~ffec~tivec date. of this
Code, evelry retail establishmncltt shlall post.~ and mnaintaiin in a coni-
spicuous p~lace in t~he establislunecnt a copy of all thle provisions of
013170"--1244-51 -'-1-- 2
SECTION 5. Every retail establishment; shall comply within all rules
and regulations relative to the posting of provisions of Co~des of
F'air Competition which mayT from time to time be prescribed byr
SECTION 6. No employee shall be di micssed, demoted or d~iscr~imi-
nated against for making a com--~~~-,plainlt or for giving e-vidence with
respect to an allb~lege violation of this Code.
ARTICLE V-C7STORE HOURS AND HounS or L-AB3OR
SECTION 1. Basic Store and WCorking Hours.--(a) On and after
the effective date of this Code, establishments in the retail trade shall
elect to op~era~tte upon one of the follow\ing sched~~ules of store hours
and hourll's of labor:
G~rou' Il: Any etabt~l-lishme Int; may elec~t to remain open for business
less than fifty-sixi (56) hours but not lessr than fifty-two (52) hours
per week'l, unless its store hours w~ere less than fifty--twno (52) hlour~s
prior to June 1, 1933, in which case such. esitab:lishmenl'lt shall not
reduce its store hours; no employee of these es~t ab~lishmeltnts shall be
permittedl to work more than forty (40) hours per weejtk, nor more
than eight (8) hours per day, nor more than six (6) days per weekc~l.
Group II: Anyr establishment may elect to remain open for
buslIne 5- c fiftly-sixi (56) hours or more per wTeek but less than sixrty-
three (63) hours per weekI'I; no employee of such estab~lislunentl shall
be peIrmittedr to workr more thanl forty-four (44) hours per wneeki,
nor more than1- nine (9) hours per day, nor more tBolrn six (6) day~s
Group IlII: Any establishment may telecrt to remain open. for
business sixty-three (63) hours or more per week; no employee of
such estab li~shown~.t shall be permitted~ to work more than -forty-
eight (48) hours per week;, nor more than ten (10) hours per day,
nor more than. six (6) days per1 weekr.
(b) Empyloy~ees Workings for T1Iwo or Morre Es~itablishmelntst : No
employee shall be permitted to woPorkr for twc~o or more a~tabllishmlents
a grealte~r number of hours, in thre aggregatetc i than he would be per-
mlitted to work for that one of such. establlishmetnts which. opertes
upon the lowest schedule of working hours.
(c) Forty-hour Week: No employee not included in the fore-
going paagap'll~lhs, and not spec~ifi~cally exrcepted hereinafter, shall
be permlittedl to work more than forty (40) hours per we~ek, nor
more than eight (8) hours per day, nor mnore~ thanr six (6;) day~s
See'TI:no 2. Scheded~e of Ho0urs to be Posted.--On or within onle
week after the effec~tive date of this Code every retail establishment
shall clesigna:te~ under which of th~e Groups set forth in. the pr~eceding
Section it elects to operate anld shall post and maintain in a conl-
spicuous place in the ecstab~ ilishment a c~opyr of such election shlowing
the store hours and employee workzingr hours and a copy of all t~he
provisions of this A~rticle.
Seen~o N 3. ChangeSI! inZ Store Hjou/rs arnd Emp~oy~ee 1Y'orlicng
Houazrs.-~-(a) No es~tabish mer~t nt may change from the Group in which
it hras electedl to operate except upon December 31 of every year.
(b) AZny ecstablli-Innon~rt, howvr\..(l, mayn at any ime (7Ok in.crwei its
store~i hom'ls, providedct it maintainslll the baSic Imlo1 wrkw1ko
(c) AfnyT establlj-llanen it, anly,~ for a per~iodl not to exeedl three (3)
collseculitiv months, tempralO'rily reduc~ue its tale,~ holr-, but thle
week~lly wa-re~s ofl its employll, ees shall not on tha~t ;t-coullnt be reduced.I'11
Ganrrd.l ~ and( Sltnrle De~tt c~t ives : The1 maimIum per'lio~ds of labor pre-
scrib~edl in Section 1 of this Article shall not applyi to pr'ofess.ionlll
perslonlS employedl and work1ing~ at t~heir professionals or to outside
saleemenI.I1 outside cc.l ;la.tors, wat elown1~~, guards, store detc~ct i ves.
Pro id~e dj, hotoever, watclanon~l andi gar Ids shall not be permiittedl to
w~ol~rk more~ thann fifty-six (56) hours per wreek;, nor m-ore than thlir-
teen (13) days out of any fourllteenr (14) day per~1io~d.
(b) Ma~intlnanlce and Outside Ser~vice Employee~s: The maimumillll
periods of labor pres~cribedlc~ in Section 1 of this Article shall not
aply~~~ to mlainltenance and outside~ ser\iee employees~; but such emn-
ployees shall not be permnittedl to workI more than six (6i) hours per
wPeek above th~e manxinulln hours per week otherweise prescribed by
Section 1, unless they are paid at thte rate of time and one-third for
-all hours over such additional six (6) hours per week.
(c) Executives: Subjec~t to the cond~itio~ns set forth in Section 5
of this Article, Executives r~eceiving thirty dollars ($30(.00C) or more
per week in cities or towns of over 25,000 population or receiving
t wenty-five dollars ($25.000) or more per week in cities, towns or
villagers and other plallcesi unde.1r 25,000 population, may be perm~ittedl
to w~orkl in excess of th~e max~imluml periodl of labor prescribed in
Section 1 of this A~rticle.
(d:) Penkl P~r~iods~: At. Chr~1istmas,~ Invenltory,3 and other peak
times, for a p~eriodl not to` ex~eed~ five (5) weeks~ in the calendar year
an emnploy!ee` whoie basir workl w~eek is forty (40) hourls may be
permittedl to wourk not. mojre thanl for~ty-eight (48) hours per weekr and
nine (9) hourls pcr day!; anl empl-loyee w~hose bansic work w~eek is fortyT-
four (.44) hours mayn) be ~el~rmittdc~ to workI'I not more than fifty~-two
(GB") hours per1 wee~k andt nine andc one-half (91M) hours per day; an
employe e whose~c basic workrl week; is forty-eighit (48) h~ouris may
be p~ermitt~ced to workl not more than rifty-six: (50) hoursl per w~eek
and ~ ~ ~ ~ ~ 1 te .0 husprda.Alsch w-ol;rk may be w~ith~out the
paym'"ent of overtimei.
SECTON 5 Liitaton pon umbr of Persons WorkjlZ.ing Ulire(-
str~icted Eloure.~;.- Not\ twitstandting thc p~roisionl~s of the foregoing
Factions of this Arlticle, and~ regarlesslc~ of thec number of persons
o~thierwise permlitted to, workl unrestricted houriis, thie total r~number of
worlker~s in any estalblishmlent. (w~hethcr such wor~lkelrs are executives,
proprl"ie~torsi; partners, pers~ons not r~e~civing monletry'S wages, or
others) whio shall be pcrminttedt to worki~l unrestr~ic~tted hours shall niot
exce thle follow~ingr ratio: In eutablishmlnen ts comnprised of twenty
(20) workers: or less the total number of workers whlo may! be per-
m~itted to workI'I unrestricted hours (not includling those workers
specified in Section 4l (a) of th~is Article) shall not exceedl one w~orker
for every five (5) workers or fraction thereof; inl establishments
comprised of more than twenty (20) workers the total number of
workers who may be permitted to work unrestricted hours(not
including those workers specified in Section 4 (a) of this Article)
shall not exceed one worker for every five (5) w~or~kers for the first
twenty (20) workers, and shall not exceed one worker for every
eight (8) wPorkers, above twenty (20).
SECTION 6. HOUrs of Worki to be Cons~c!, tier. -The hours worked
by any employee during each day shall be consecutive, provided
that an interval not longer than one and one-half (11/z) hoursa may
be allowed~ for each regular meal period, a7nd such interval not
counted as part of the employees wmorkingr tim. Any rest pe~~iriod
which m~ay be rriven employees shall not be dedc~~cted from such
employee's wrk~lingf time.
SurrToN 7. El~r/m Work~~in~g Hour on One Day a Week.--One day
each week em~ployeest may be perm-~it~ted to work one exstra1 hlour, but
such hour is to be included. within the max~~imumll hours permitted~
Serr msc h 8. Conf~ict withL Territorial Laws.---Wen. any territorial
law prescribes for any class of employ'~t"els shrter hours of Inbtor than
those p~rscr~ibed in this Article, no employee i~c~ludetd within such
class shall be emnplo~yedi within the T'erit~ory for a greater number
of hours than. the lawv allows.
ARTICLE: `VI- AGES
SE(_T1ION 1. EGsic Schedule7t71 of Wagce sr.--(a) On and after the e~ffec-
tive date of thlis Co~de, the minimum weekly rates of w~nges which
shall be paid for a work week as specified in Article Vr-whelther
such wngecs are calculated upon an hocur~ly, week~ly, monthly, com-
mlicsionl or any other basis--shall, except as hereina~fter provi~edl,
be as follows:
(1) `Within cities of over 25,000 population, no employee shall be
paid less than at the~ rate of elevenl dollars ($11.00) per week for
a forty (40) houxr workl week, or less than at the rate of eleven and
50/100 dollars ($11.50) per weekz for a forty-four (44) hour workz
w\eekl, or less than at the rate of twelve dollars ($12.00) per weekr
for a forty-eight (48) ]hour w~ork wneek;.
(2) -Within. cities, towr;ns, and villages of from 2,500 to 25,000
popullatio-n, no employee shall be paid less than at the rate of nine
dollars ($9.00) per week for a fortyv (40) hour work week, or less
than at th~e rate of nine and 50/"100 dollars ($9.50) per w~eek for a,
forty-four (44~) hour workr week, or less than at the rate of tent
dollars ($10.00) per week for a forty-eight (48) hour work week.
(3) W~ithin. towns and villages wcpith. less than 2,500 population,
the wages of all classes of employees shall not be less thran nine
do-llars ($9.00) per week.
(b) Employees on Basic Work WFSeek: The mlinimnum wages p~aid
to professional persons, outside salesmen, outside collectors, wa~tch-
men, guards, store detectives, and mainltenance anrd outside service
employees shall be upon the basis of the basic employee workr week
upon which the establishment by which they are emnployed~ has
elec~ted to operate.
(c) Walgce for Employ3ees Not Previously Covered: The miini-
mnum wages of any employee not included inl thce foregoing pa ra-
graph'l s and: not speccifically ex~c~cepte here'cina~ft er~, sh-all be uplonl theL
basis of a1 for,!ty (40) 1hair~1 workI week~!.
this Art~ic~le shall not be clubjeclt to deduction for meals or lodging1
furnishedl~ cempllloyees unless such wras the practice in the TrIade prior
to un 1, 983 adifsuch wo:- the case, thre churce~ shall no~t
exceed~ f'or sus~teac!!! e tw\T'enIty-five~ recent (25 ) per mell~l nor Three
Do,llars (83:.00:) in any! one week~1. or for lodging~L in xces-; of Tw~o and
50/100 Dollars- ($2.;0) perl week;. No employees shall be reqcuired~ as
a condition of emplloymentllt to take either meals or lodg~ring at anyl~
eating Iplatces or lodging ho~u-es other than thoose voluntarlily cholsen
by' thle employee.
(e) Dedu~c~tionsl for other pe~lrquisites~ shall be allowed only on the
appr'oval of the appropriate Cou~nty Code Authority, plrovided'( for
in Article X, and the AdmllinistrIatori.
(f) Grntuities shatll not be considered a pur~t of the 1remunerationtio
of any emplloyee.
SECTION 2. Juiorsc '~( ,, anAppreniit Ices.---Junior and app re nt ice emz-
ployees mayT be paoid ait th~e rate of One Dollar ($1.00) less per week:
than the minimum wage otherwise applicablel ; it is provided, how-
ever, th~at no employe shall be clastsified~ both as a junior and as an
applren~tic~e .emplloy~ee, and it is further provided that the number
of employees classified as junior and as apprentice employeetS, com-
bined shanll not ecsieedl a ratio of one suchl empllloyee to every five (5)
employees or fraction thereof up to twenty (20), and one such em-
ployee to ev'ery tenl (10)j employees abov,\e twenityr (20).
SEC:TION~ 3. PG~ll-fl~ine mpll~ll/cn s.--PHl'-filmet employees shall be
paid nlot less than at an hiour~ly rate proplortionate~t to the rates pre'-
scribedl inl the foregoingr sections o~f this A~rticle, HIoweverl, the County
Code Authocrit!- provid~ed for in A~rticle X, w~ith the appro1val of
th~e~ Admin~t~ti trato r may mae excep~tio- n inl the case of students."~;
SECTION -l. IleN///// If'arge. ,-Ioref ,I//i2!!imW ,1Ot t0 be Redcedr~~.--
The weekly wages of all ceineses of e~mployees receiving more than
the miinimnum wanges pr1escribedl in this A~rticle shall not be reduced~
fromi the rantes existingr upon June lot, 1!,3, notwith~stan din g anly
reduction in th~e number~~ of w-orkling holr~s of uchi employees.
SECTION ;,. CON///iCf i'fJ1 TPl'l'rial'; Latrls.-W~\hen anyT lTerritorial
lawe p~reic~ribes for anyl class of emlployeess of either sex a higher
minimum wage than that p~rscr'ibed inl thlis Article, nio emiployvee of
such class of eitheri sex emlploydc l w-ithin th~e Territory 1hall be paid-
less than suich Terr1itorial law r~equires.
SECTION G.SC~hedu~(le of Il'ortes to be Poafted.--On or w\ithin~ one
week after thle effective date of this C'od~e evryr\ retail establishmntcn
shall post andl maintainl in a consp-icuous place a copy of all thle
provisions of th~is Article.
SECTION ;-. HandlicappedJc't Prs'ons.-- A pelrson whose earning ca-
pacity is limited because of age or physical or mental ha~ndlicapl or
other infirmities may! b~e employed on lighlt orki~l at a wagebelo
thle minimum estab~lishedi by this Codle if thle emplloyecr ob~tains from!;
the authority dlesignatedl by~ thre Unitedl States Deptirltment of Labor
a certificate authiorizing his emnployemient at suchi w-ages anid for suchr
hours as sha~ll be stated in the certificate. Each emnployer shanll ~file
1See paragraph 2, (2) and 2 (;3) of order apiproving this Code.
monthly with the Territorial Code Authority and his County Code
Authority a list of all such persons employed by him, showPing the
wages paid to, and the maximum hours of work for such employee.
ARTICLE VTII---LIMITATIONS UPON PRICE INCREASES: PRIOR
SECTION 1. Limitation, Upon17 Price Inii~cr.eases.-NoN retailer shall
increase the price of any merchandise sold after the effective da to of
this Code over the price existing June `1, 1933, by more than is mnade
necessary by the amount of increases in production, operating, re-
p~lacemnent, and/or invoice costs of merchandise, and/or by taxes or
other costs resulting from action taken pursuant to the National
Industrial Rtecoveryr Act and/or the Atlgricultural Adjustmnent Ac~t
since June 1, 1933, and in. setting such price increases retailers shall
give full weight to probable inlcrea-c es in sales volume. It is pro-
vidded, however, that if any price on June 1, 1933, was a distress
price, an equitable adjustment may be made.
SECTION 2. Ad~justment of Prior Colotra!cts.--Where costs of exe-
cuting contracts entered into before June 16, 1_933, by anly retailer for
thne purchase of goods at fixed prices for delivery during the dura-
tion of this Code are increased by the application of the prov~isio-ns
of the National Industrial Recovery Act and/or the Algricultural
Adjustment Act, it is d~eemed equitable and promotive of the pur-
poses of the Act that appropriate adjustments of such contracts
to reflect such increased costs actually incurred be arrived at by
mutual agreement or arbitral proceedings or otherwise, and the
Territorial Code ~Authority provided for inl Article X hereinafter
is constituted an agency- to assist in effecting such adjustments.
ARTICLE VIII Loss LnIrrTBTroN PRovision
SE~CTION~ 1. 088s Limiitat~;io Prouzision~s.--(a) Loss L~eader Sales:
In order to prevent unfair comp?-etition against local merchants the
use of the so-ca~lled- loss leader "is hereby declared to be an unfair
trade practice. These '"loss leaders are articles often soldl below,
cost to the me~rchannt for the purpose of attracting~r trade. This
practice results, of c~ourse~, either in efforts by~ the merchant to make
up the loss by charging more than a reasonable profit focr other
articles, or else in driving the small mrclihant with little capital
out of legitimate business. It works back aainst the p-rod~l-ucer of
raw materials on farms and in industry and aga~inst, thle ~labor' so
(b) This declaration against the use of "loss leatde~s by thle
storekeeper does not prohibit him from selling an ar~tic~le without
any profit to himself. B3ut the selling price of articlsi to thle con~l-
sumer shall include an allowance for actual wng~es of storle Inbor01,
to be fixed and published from time to time by the Aidmin1istratlor.
Cost to the merchant shall be the net invroice delive~redl cos.,t, or
rIc'nremlent cost, whichever is lo~wer.
(c) Provided, however, that any merchant. myv sell any1~ article
of merchandise at a price a~s low as the price set by3 anly compnletitor
in his trade area on merchandise wrhich1 is identical or sntly
the same, if such c~omp~et.it~or's price is set in conformitynit with t~he
foregoing prov-ision. AL nwcrehant who thus rieellves a prli(;t. to meet
a compe'titorl's s 1w'ile as above decfindc~ shaltl~ nOt be denl~Ied'I to hanve
violatedl the provisir ns1 of" this cSection if -uch7 merCha'lnlt immedlt~ iatelyP
noctifies~ the nearest repres~cnt~tatie rectail trade I.I''; Ii/;tionI of .LJeir'1
action andI1 all facts pertinentl thereto.
Srwnex~ 2. iR., pt.'las.--(a) Poinsi-sib l';:' Saloas Bh Cost: Not-
with~stading th prod b -ii, of the pre~lcedling metn. n tie
may sell a~t less thanll the? p~'~chy, spri~ledic abol~ve, oIchand:ll~li e sold as
bona fille c'~learan:Ce, if advert~fii'l. 1. mrke~d andl so.ld as s-ulh; highly
p'eri halble~ Inwl~rlrdandise which must 1.e promptly cld in order'1 to
foretstall lo-.s; imnperfect or actually damagl7bed- merChau1;1Ilise,: or bona
file dlisc.ontinuedl. lines of merchal~ndise, if adver~ltised,~l markedi~~ and
soldl as such~; mnerchlandtisech upon Ilr, the complete final liqluidation
of any busc.iners; m~erchandlrise =cold to public carri rs1; departments
of overru11nent hospitals, schoocls and colleges,~ clubs, hlote~l-, aInd
other institutions,, not for resale and not for rediitr~ibutionl to indi-
v-iduals; mlelrchandisel sold or donal~ted for charitable purposest or to
ulnemnploy!men~t. relief agencies; and drums. or drug sudrllieis so.ld~ to
hy1STiC'innsll, nursesC~ detl~ists, veterInarIIllians,~ or hospitals.
(b) Patr~onage~ Refunds by Farmers' Assoc~iations: Nothing~ in the
prons~ionsll of the p~reced~ing~ Section. shall be construed to pI~revent
bonaB fide fol~rme1~':~rjr' nlscaions engag~ed~ in purchl a -ing~ supplies and/or
equipment' for their membership from!1 mak;!ing~r patronag!l~e: refunds~ to
(c) Cost of Premliumls Inrcluded~ in Price: Wh23ere a bonla fide pre-
mium. or ~er~tifka:te represc~nti ng a share in a pr'enuumll is given'l awayfS
w~ithl any ar~ticlre the bas~e upon. which the minimum pr1ie of the
ar~ticle is canlculatedl shafll include the cost of the premium or share
Anrrcrio ITX-TADEj PTUC.TIC'ES
Alll retaliler1s shall compl~ly with thle fo-llow~ing trade practices:
SEC'TIN 1. S 10 /'///./f?(/Sln/ 8Ocl8.--(R) T11000000
Ad.ver~ti-ing~ of 1\Iec~han di se: No~ rctailer shall use advercltising,
w-hether priniited, radcio, orI disp:lay or1 of anly other nature, which:I is
innecurate in aIny malte~iall parltic~ular or mlisrepresentcrls merchail lnls.1ise
manterial, corntenit. pl~ilreparatio o c~urative or therapeurtic effect) or
credit terms~i, vanluesI,policies, orl serves: nd o r.nier hal us
adv~ertising and. trr selling meith~od~s whlich trnd~ to deceive or miisleadt
(b,) Ina;ccurlate RCeferece~' to Competl~itors'~; : No retailer shall use
advertisingi whichi refers.- inaccurately in alny materiall pariticular to
any compectito r or hiis me1c~hamllise,? pr~i~cs;, va~lue crdc~it termsll, pocli-
CleS, OF serv-icrs.
(c) Advetrtising Policy of Underslline:in~ No rectailer shall use
advertisingi whichi inaccurately lays claimn to a policy or conltinuling~r
practice of generally~ under eiclngi comipetitors.
(dl) Secret G~ift to Agenlt or Pur~chlaser: No r~etailer shlll secretly
give anything of value to th~e employece or agenlt of a culstomer for
the purpose of influencing a sale, or in furthecrance of a sale renderi n
bill or statement of account to t.h~e employee, agent or customer i whb11Ih
is inaccurate in ny material particular.
(e) Urging Customers to Take Substitute: No retailer shall place
obstacles in the wayl~ of thie purcihase of a pro(duclt which a customer
orders by brand namre byT urging upon the consumer a substitute
product in a manner which dcispal:lrages the product orde~redl.
SCECTCno 2. NRA Label.--No rectailer shall pur~chase,, sell or ex-
changfe amny merchandise ma Irnu fa ct u red under a Code of Fiair Com-
petition which^1 requires. such~L merchandise to bear- an NRA label,
unless said merchandise bears ;ullh label. Any retailer rightfully;
possessing the! insignia of the NR;A who has in rstckll or purchases
simuilalr merchandise wcPhich has been m~anufactur1 d~i before the effectiv-e
clate of thne Code of Fair Competition requ~iriin" such merc~halndise to
bear an NRA label may attach therelitr the NRAK insignia.
SEemI~s 3. Pri'son-JMnder Goods.--(a) Where any pelnn1, reformn-
atory or correctional. institution, e~ither~l by subscrib~ingl to the Prisonl
Labor Complact, or by a binding agreeme~cnt of any other nature, sat-
isfies the Administrator tha~t. melrlchanlrdise produced in. such institu-
tion or by the inmates thereof ~will not be sold ecer~pt upIon a fair
competitive basis with similar m *nc~;~~~i-hani not so prodfucedir, the
provisions of paragrP1aph (b) hereo~cf shall not apply to a~ny mcr~chaln-
dise prodluced in suchn mnnarler in the institutions covered by such
(b) Exscept as provided in the fol1rr- oing pa~rernph', no retailer
shall know~inlrgly buy or contract to buy any mnerchlandlise produlced
in w-hole or in part, in a, penail, reforinfo~tc r~y or correctionnd insititu-
tion. After sixty days following the reffective date of this Code, no
retat~iler' shall know~ingrly sell or offer for sale such m~erchandis~e.
Nothing in this Section, however, shall :Iffect cont rac~t, which the
retailer does not have the option to cancerl, made with respect to sulchl
merchandise before the final approval of this Code.
(c) Nothing in this Section shall be co~nstruedl to supersede or
inlt(rfere with the operation of the Act of Conlgrees app~lc,rov Jan-
ulnry 19, 1_929 being Public No. c000f of the 70th Cong~ress and en-
titled "An Atct to Divest Goods, Wares, and Mer~chandise Manulfac-
t:ured, Produced or Mined by Convicts or P~r~ioners of their Inlter-
state Chlarnelter in Certain Cases ", w\Fhich Act is knowcpn as the Hawes-
Coopel'r Act, or the p,~rov~isions of any TerrIitor~ial legislation enacted
Inwler, or effective upon, the effrc~tive (lnto of the said Hawlei-Coo-per
Act, the said effective date being Jalnuary~ 19, 1934.
SECTION 4. COmlllirio 1TfO7' mp~loylrrs.-N'o retailer shall1 manlicioulsly
entice away an employee of a enmplletitor with the purlpose or effect
lof unduly hnampering, injuring, or embarrow1ingn b a competitor in his
SECTION 5. Di'scountsf, Rt-batesi, Re~fendis, Etc.--No retailer shllR1
grant discounts, rehaltes, refunds, commissions or credits, whether in
the form of money or otherw~ise, and shall not cextend~ to certain pur-
chsrsl~tlt special service~s or privilegers if such diiscou~nts, rebates, r~e-
funds. commissions, credits, pc~ial ervr\ices.i; or privileges are not
extended to all purchasers of the samIe class (I nd i idal1RS dirIectlyr con-
~nected with his e.stablis;;hmentr~ excep~te~, and then only wFhen mrnl-
chand~ise is for their p~ersonal use and not for rtale~) on lik~e terms
andlr conditions, except as b~etwreen retailers in like linesT of bulsiness
and for resale only at a price not less thann the r~etiler's price. This
shall not be so construed as to prevent a plantation s~t.or~e fromn selling
to plantation employees necessaries of life at special prices. A. list
of suc necessaries vill be made by the Territo~rial Gode! Authority
subject. to the ap~provanl of the A~dministrator.
SECTIONc 6j. Paymzcnzt of Cronundesions~il~ to N~o n-Emp11loy(ees.- Noo
retailer shall pay any commissions or any remlrneration of any k~ind,
to any pIart-time, occasional, or lo:catio~n sali~lle71 man t employed\'C( by
said membller of the Tradei. or to any custconwr.l tipster, or similar
person wvho is niot reguTllarly employed on a fulll-timne basis by th
ARTICLE X-ADM1 I NISTRAT\?II IN AND E ~.(IronI~IErvsT
The following~ provisio~ns for the Athlnini-trat ion1 of th~iS CoCde
shall apply to all Retail Trade as deifinedl in Section 1. of Ar~iticle II,
including but w-tiiithu limnitatio~n. the subdivi.-ions of tli Retail
Trade subject to Srlchedules A: BZ, C, D, E, and F~ aInd~ any addlit ional
schedules whliclh may herenfterr be approvedc.
SEcnos 11. Retail Code~ Authorities ----(a) ()Th~e T~cr~rito~rial
Code Authlority shall consist of the Chairman of each of thre Counrty
executive commiittees of the Retail Ass~ociatio~n of H~awnaii, together
with such voting members, as may be appointed by the Admrinistr~a-
tor. In addition there may be not more than three members, with-
out vote. to be knownm as Adminicftratior !n Members to be appointed
by the Adcministrato~r to serve for such ter~ms as he may specify.
(2) Th-e Territorial Code~ AuthorityT shall, to the extent. permit.-
ted by the Act, be responsible for the proper administration alnd- en-
forcement of the provisions of this Codle and anty revisio~ns ther~eof
or addlitions therreto. It shall ecordlina~te and supe~rvise the activi-
ties of the subordinate County Code Authlorities and pr!escr~ibe rules
and regulations for their procedure.
(3) The County Executive Committees of the R~etail Ass~ciattion
of Hawanii, together with suich voting members as many be appointedl
by9 the Admlninistrator,, shall constitute the County Codle Aurthocrities
for their respective counties. In addition there may be not mnore
than three. members. without vote, to b~e known as Adlminiitration
members, to be appointed~ by the A~dministrator to serve for such
terms as he may specify.
(4I) In appointing voting members to thle Territorial Cod~e Au-
thority and the County Code Auithorities, the Adrministrator shall
provide such representation for non-member~s of thie Retail A~ssocin~-
tion of Hawan-ii as he deems proper.
(b) Reports and Inivestigations: Thle Territorial Code A~uthority
shall, subject to the approval or uipon the request of th Admimiis-
trator require from all retailers such reports as are necessary to
effectuate the purposes of this Code, and :may, uplon its ownr initia-
tive, or ulpon the complaint of any person affectedl, mnhne inv-estign-
tions as to the functioning and observance of any p~rovisions of thle
Code and report t~he results of such invrestigation to thle Admliniiis-
(c) Recommendartion:: The Territ.orial Code Aulthority maiy from~i
time to time present to the Administrator recommndat~ntionsi (incluld-
ing interpretations) based on conditions in thle Trrade~ which may~
tend to effectuate the operation of the provisions of this Code and.
the policy of the N~ational Indlustridt l Recover~ly Act: Such recomn~-;
muendations shall, upon approval by t~he Adi~nilltra1~tor, become
operaftive a~s part of this Code.
SECl~TION ~2. lig a 8,.C- (a)I It, beingr found nesl;-;-ary in order to
support thle admr~icistration of this Code and to maintain the htand(-
ar~ds of fair competition es-t;ablished~ hereunder and to effectuat~e the
policy of the Act, the TIerritorial Code Authority is author~ized:
(1) TIo incur such reasonable obliga~tions as alre necessary and~
pIroper for the forgingd'ili purposes, and to meet such ob~ligations out
of funds which may be ranisedl as hereina~fter provided a~nd which
shall be held in trust for the pur~po ,-- of the Codel~;
(2) To cull.lnit~ to the Administrator for his approval, subject to
such notice and opportunity to be heard a~s he nut:Iy deemz necessaryS
(1) an itemized~ budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necetssaryv
to support such budgetC' shall be contributedl by retailers.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
conltr~ibution as above set forth by all retailers, and to that endl, if
necessary, to ilistitute legal prlccl~-cings- therefore in its ow-n namle.
(b) Eachl retailer shall pay his or its eqluitazble contributions to the
expenses of the maintenance of the Territorial Code Authority and
his or its Ir.-1pc-tive County Code Authority, decterminedd asi hertein-
above provided, and subject to rules and, regulations prlltainingg
therleto, issued by th~e Administrator. Only retailers comlying~in
c.ith- th~e Code and contr~ib.utin g to the expenIses of its adlminlistrantion
as hereinabove provided~c, unless duly exremptedl from mlak~ing such
con~!trib:utions, shall be entitled to participate in the selection of' mem-
bers of thle Territorial Codle ASuthority or County Code Aulthlority
oir to receive the benefits of any of its vroluntasry activities or1 to~ makl e
use of any emblem or insignia of the Natiolnal Re co very'
(c) Ne~ither the Territorial Code Authority nor any Cou,:nty Code
~Authzorit~y shall either~l incur or pa'y any obligation substantially in
exrcess of the amount thereof as enthnallted in its app~roved-~ budget,
and shall in no event eceedic~' the total amount contatine~d i~n the ap-
pr'oved budget, eccept upon approval of the Ad~ministr atol: a7ndl no
subsequent budget shall contain any deficienl.ya itemn for exipendritur~es
in excess of prior budget estimlt~s esec~eprt those which th~e Adm~inis-
t-rat~or shall have so appro~vedl.
SEcTIoN 3. If the Administ rantorl shall d~etermlinie that any action of
a2 Code Auth-orit~y or any neem-v? thereof nInl~y be unfair or unju~st or
contrary to the public interest, the Administrator may r~equire tlutt
such action be ~lsi-pend'ed to afford an opportunity for investigatio n
of th~e merits of such action and further consideration. by) such~ Code
lAuthority or agency pe ylndling final action which shall not be effective
unless the Admin~istratorJ1 approves or unless he shall fail to dis-
alpprove after thirty days' notice to him of intention to proceed wFit~lh
such1 action. in its ol~riina~l or modified~ form.
SECTION 4. In order thant the Terr1itorial Code Au~thority.! and
County Code Aluthor~ities9 shall at all times be truly ~c rereen ta t i\e
of the Tradlle and in other respc~cts c~omply with the p~rovisionls of the
Act, the: Administrator may prescribe such hearin~gs as he may deem
proper; and thereafter if he shall find that any such Code A~uthority
Is not truly representative or does not in othler respects comply with
the provisions of the ALlct, mayI require an a~ppropriate mIodlificationl of
such Code Au~rtlhorityr.
SEenTow 1. iMembershi in RTetail Assne.Yr;(rlaion .-Eali]ch tradelt or
inlurstrial ass~cintioln direc~tly or indlirectl~y par1ticipa"tingr in the
selection or activities of the Territorial Coder Aulthor~ity3 or anly
County Codc Aluthlority shall (1) impose no inequitable restric-
t~ions on membership, and (2) submit to the Admllinist~trator true
copie~s of its articles of association, by-laws, regulations,~i and any
amendments wihen mlade thereto, to~gether1 with such~1 other informall;-
tion as to miemberlshfip,, organization, and activities as the Admllinis-
tra~tor may deem necessary1 to efFectuate thze..purposes~~- of the Ac~t.
SECTIOrN. 2. I~nfoj'l~frmtio to be ~Fuwrished Govlernmzent Agencies;!.--
In addition to information required to be ubm1I~itteid to thle Terri-
toriail Codle Authority, retailers subject to this Code shall fur~nish
such stat ist ical in formaiition as the Admin istra~tor,1 may1em es-
sary for the piurpose r~ecited~ in Section 3 (a) of t~he Ai~ct to such
Federal'3 and T'erritorial agencies as he mnay desligna~lte; provided, that
nothing~ in. this Code shall relieve any retailer~l of any existing obli-
gations to furnish reports to any governmelnt agency.3' No indi~vid-
nal re~or~ts shall, be disclosedl to any other retatiler or any others
prty except to such ot her Goveclrnmenttl agencies as m~ay be dlirtc~tedl
bythe Admilinist rator.
S~EC'TIONH 3. Pro~hibition, Aa~; int M~onopolies.-The provisionls of
thlis Code shall not. be interpreted or applied to promote mc!onopo-
lies or monopolistic practices or to eliminate or oppres~s small enter-
pr~ises or to discriminate against them.
SECTION 4. Prohibition Algain~st Use of Sulbterfugye.-No retailer
shall use any subterfuge to frustrate the spirit and inltenlt of thlis
Codte, which is, amnong other things, to increase employmeltnt by
universal cov'enant, to remov\'e obstr~uction s to commnner~ce to shlorten
hours of wrorL anrd to ra~i.-c wnge~as to a livingr basis.
.SECTION 5. Rightlr of Presfident~ to Cancel orP Modify.-This Code
and all of the p~rov\isionsi thereof are expressly made sulbj~ct, to the
right of th~e Presidenlt, inl ncordance with the provisions of Section.
10 (b) of Title I of th~e uNational Indcustr~ial Recovery AIct., from timne
to time to cancel o~r mod~ify any order, appr~oval, license, rule, or
regulations, issued under Title I of said Act.
6ECTION cl.c rIdieain' ad uplemenlc~ttary Pr~ovi~sions.r(a)
Scuch of t.he prov~isionls of this C'ode as are not r~equ~ired to be includled
heirein by the ~Ntional Industr~ial Recoverry Act mnay, with the ap-
proval1 of th~e Pretsidecnt, h~e mlodliille or elinalnatedl as changes in con-
ditions or experience may indlicate.
(b) It is contemplated that. from time to time snp~plemntaryr pro-
visions of this Co~de or additional C'odes will be submiitted~ for thle
approval of thle Ad~tministrato~r to prevent unfair competitive prne-
tices and to effectuntce the other purposes anid policies of Title I of
thle National Industrial Recovery Act.
SECTION 7. ~El.j,;lrd on,.-T-Phis Colde shall continueA in effect until
June 16th, 1935, or the earllilm:t dante prior thiere-to on whichn the Presi-
dent shllnl by pll~~rwho::t icl, or the Cclngress shall by joint resolution,
declare thant the enn-rllner two-(lnlizII byr Title I of the Natiollna
Industrial~ ~ Recovery Act hans ended.
SECTION 1~. UnleSS the contrary is indicated, the abovr\e prov\ifsions
shall govern thne t~rades and industry treated in th~e sc~hedlules hereto
Approved Code No. 525.
Registry No. 1625--61.
SUPPLEMB4ENTARY PROVISIONS AND MODIFICATIONS APPLICABLE TO RETAIL DRUG ES-
TABLLSISHMENTS AND TO AL RETAILES DEA~ING IN DRUGS AND ALLED PRODUCTS
WITHIIN THE TERRITORYP OF HAIWAII
In1 addlition to the! foregoingS provisions of this Code, the fo-llowing supyple-
mentary provIjsiolns aind malli~itientios shall ~TIapp to retail drug establishments
and to all retailers dealing in drugs andl allied~ products.
(1) Retail Drvug T'rrolr.-The term retail drug trade as used herein shanll
mean all selling~ to the consumer and not for the plullrlume of resale in any form
of dl'rus, med~ticines., cosmetics, toile~t preparai1.3t ionc, drug sundrlli"; and1/or allied
items, in the Terr~itory~ of Hawaii. It is 1Drovl~ iale.I. how7e-ver, that the termrt "' re-
tail drug trade shall not include the dlispens11in of drues,'~ medicines, and Inleli-
call suppliesi by a playicii a~, dentist, surg'eonl. or ve~terinar'ian in the legitimate
plractile of his profession.
(2) D~lrug R:ulerlcr.-T-lhe term drug retailer as used herein shall meean any
indlividulll or orelanization l e,1nrraged wholly or partially in the retail drug trade.
(3) Retail D~rug Eshtabllishm entrr.--The term "re~tail drug est;ab~li--hmentit. as
used herein shall meaon any store or department of a store engagedel in the retail
drug tradelt, but shall not include stores or dlepartments,, in which. the plrinc~ipal
business is the se~lline~ at retail of products other than d~rugs, medicines, cos-
meties, toilet preparations, drug sunldries, am1l/or allied itemsnl.
(4) DI-rays..-ThCe term "' drug as used herein shall mean all medlicinall sub-
sta ncets and preparations recognized in th~e U~nited States Phrume opoellla i and
National :Formlulalry or any supplemenll~ts therecto, and all substances andr prepa-
rations intlendedl~ for external or internal use in the cure, mijtigaltionl trPeatment
or Drev-entionl of disease in man or other animals, and all substances and prepa-
rations other than food (but including medicinal or qluas -i'ndjicinafl p~repara-
tions, suchz as those~ sold or produced primarnlily for their vitamin content),
intenldedc to affect the structure or any function of the body of manl or other
(5) Cosmetics acnd To~ilet Preparlations.-he term '"cosmetics and the
terml "L tolilet prtepanraticns as used herein shall mean toilet articles and per-
fumecs, toilet waters, face powders, face creamns, rIouSes, shlaving c~reamls, denlti-
fricejs, soap-s, and similar substances and prepa~rations~i desigued and intended
for application to the person for the purpose of cleansing, imlproving= the appeanr-
ance of, refreshlingi or preserving the p~erson.
(6) Dru Sunrdrics.--The term'" drug sundries as used herein shall mean
such articles as are ulsedl in conjunction withr but not inc~ludled in "'drugs'",
"' cosmetics ", or "' toilet p~repfrations~."'
(T) Riegislcrc d Phalrmrac-ist, Assaistant Phal-rmancist, AprenlT~jtic Pha,rmacist.--
The term "registered~ pharmacist,'" "assistant pharmaulcist," and "apprentice
pharmacist as usedl herein shall have the meaning given to the~m under the
lawsJ of thie Territory of Hawnaii.
SECTION 2--STORE HOURS AND I3OURSn OF LAO
(1) Gr-oup IT`, for Retail Drurg Estanblishmenrcrts.-In place of any of the sched-
ules of store hours anid hours of labor set forth in Article Vr, Re~ction 1, retail
drug esatabllishmentslt may elect to remain open for business seven (7) day~s a
week for a total of eighty-four (84) ours or more per week; but on no dayr
for less thann eigh~it (S) hours; buit no emplloyee of suchi establishlment, except as
providied~ inl A-rticle V', Sectillns 4 and 5, shall be Iiermrittedl to wocrk more than
fiftyv-six (fiO) bour~s per weeki or more thanl ten (10)) hours per day, nor more
thian thirteeni (13) days in any two consecutiv-e w\teeks.
(2) Ex~ep tions in~ Case of Pharrmazn c~istsc.-Trhe i i nnximm hours of labor pre-
scrib~ed in Articleo V andi in p~l'~~laravh (1) of' this Section shall not apply to
1cir i l 1I;-.1; 1 plins-t. assistant phant.Is:1stw.l and apprentice pharmacists, em-
Ipl~'l..11 andt working as such, who mayu3J be permitted to wrorki ten~ (10) per cent
above thle maxsimum hours otherwise ;Jlt.11.:abh-,~L or mor01e in cases obf emer~lucg.n
S!CCTION 3-~TVAGEi~S 1
(1) Basic Rates for Retail D4rud E~stab~~~~lishentls EI* e ti., u to Oper-ate in
Group ~IT.-N-o emplloyee of a retail !1!11- establ~shmsz ent which has elected to
operal';te inl GPoup IV as set fourth above, shall, r.xe I11 as provided in ArtEicle VI,
Stectio~n 2, he paid for a fifty-six (-lr0) hour wforki wieek less than at the rate of
~thirteen dollars ($13.030) per wteeki in cities of over 25,000 population; in cities,
tal\i usr. andi viilla... of from 2,.5001 to 25,000 population, thle walges of all classes
of emgloyees of such establishments shall not be less thafn at the rate of eleven
dollars ($;11.00) per week; in towns, villow-;-. and other places with less than
f2.~.lli Ill**I~lbsti**n.~ thle u:::.>< of all classes of entl hovers.'( shall not be less than
(2) E'.rrevlionrr to above. -Retail d111 establishments may elect to operate
departments of their business under Article V, Section 1, Groups I, II, and III,
and Article VrI,.I\ prodding that such election shall be posted in accordance w\ith
Article V, Section 2.
SECTION 4-TRADE PRACTICES
In addition to th~e tradlce practices set forth in Article IX, all drug retailers
shall comply with the following:
(1) No drug retailer shall substitute another article or any part thecreo~f
for the kind orderedC1I, without due notice to and consent of the customer.
(2) No drug retailer shall wher~~tise~ to fill prescriptions ait a uniform, Drice
irrestsetheli ~ l of cost of ingrac~lientss or quantity prescribed.
(3) No drug retailer shall pe~rmit any Ilemonstrator': fl or sales employee, whose
salary is wholly or partinly paid by a manufacturer or d~istr~ibutor, to work
in his establishment unless such demonstrator or sales employee is clearly and
openlly identified as thie agelt of such manufacturer or distributor.
(4) Loss Limitat~ion, Provisiolz.--In place of the provisions of Article VPIII,
Section 1, the folllow -ing provision shall apply to all retailers .selling the prod~Cucts
specified hereinafter; Inasmuch as the vast preponderance of drug store
products are distributed throughl~l small drug~ retailers who are unable to pur-
chase on a quantity basis but who performs services which are essential to t he
welfare of those in. their communities, and whereas such services cannot
adequately be performed through the facilities provided by their competitors,
and wrhereas in some cases sales are made to consumers by such compellttitoirs at
prices below the lowest cost of purchase normally obtainable for such m1er-
chandise by small drug retailers, and whereas in most instances such. sales
prices are not a true indication of the generacrl level of prices of such competi-
t-ors and no general Il,1.eneit to those in the community accompanies the same,
but such prices are in fact in the nature of bait olti'ors of merchandise to attract
tendslc it is hereby declared an unfair trade practice and is prohibited by this
co nele for any drug retailer to sell any drugs, medicines, cosmetics, toilet prepa-
rationls, or rlll1 sundiries at a price below the manufacturer's wholesale list
price per dozen, provided, however, that in the case of b~ioloc~icanl. or others
of the above-nien~tionled products which are not customarily sold in do~zenl or
greater lots the Territorial Code Authority may fix a comparable unit qluantity,
and provided further that any discount, free deal, or rebate which is madlte
available to all plurl~ichaser of dozen lots or re.l..mpa:rabrle quanrtities, shall b~e
considered as part of the manufacturer's wholesale list price."
SaEcerlo.t 5 -ADIMINISTRATIION
The administration. of this Schedule shall be governed in acc~ordance~ with
Article X of this Code.
I See paragraphs 2 (2) and 2 (3) of order approving this Code.
SUIPPLEMENTARY PROVIIONS AND MLODIFICATEION APPLICAL TO RETALL FOOD AND
GROCERBY ESTABISHM6ENTS AND TO AI REAILERSJ DEAINGI IN FOOD, GROCERIE
AND THIEIB ALIE PRODUCTS WITHIN THE TE~RRITORY OF HAIL~WABII
In addition. to the foregoing provisions of this Code, the follow~~ingg sulellt-
mlenlary' pr'oviSionlS and modifications shall apply to r~etail food and erovelcry~
establishments and to all retailers dealing in food and grocer~ies andt their rallied
(1) Retail FoodE and: Grocery6 Tl~rade.-T~he term retail food and erlovery'.
trade"' as used hlereinz shal lmeanY all selling of food and/or graceryi''~ pl'l~rodu-r
to the consumer and not for the purpos)l~l of r~esale in any form withinl the
Territory~ of Hawaii, but shall not include the selling of food in restaurants
for consumption upon the premises, or the helling of milk or its p'roluc~ts by
delivery from house to house upon regular routes. It is p~rovided~~, however,
that the term shall not include the selling of anly food or gervery:~ plrodnelcts
which are now or may hereafter be governed by a seplarle~t (cltde of Fatir
(2) Food and Grocery R~etailer'.--The term food and jiroveryl~ retailer as
used herein shall mean any individual or organization e~ngagedI wholly or
partially in the retail food and grocery trade.
(3) Retai~l Fiood andrl Groceryl E'stablishment.--The term retalil foo.l ;1 and
grocery e~stubl.lishlente l or establishment as used herein shall mean alny
store, department of a store, shop, stand or other place where a food1~ and
groceryr retailer carries on business other than those places where the principal
business is the selling at retail of products not includedc within the definition
of retail food and grocery trade.
SECTION 2--STORE IIOURS AND HOURS OF L;A)3o
(1) Basic H~oturs of Labor.--No employe~e except as herein provided, shall
be plermittedc to work more than fo~ty'-cighrt (48) hours per wveekr, or more
thanl ten (10) hours perr dafy, nor more than six (6) rlays per week.
(2) E~.rceptionr to Basic Wo7rkcing Hou~rs.--It is Ilrolvidedl that an establish-
mntrl which, operates a gr'...eery and ~eat department as sepalratne units, shall
be permitted to exempt one worker in addition to the proprietor or executive
froml nil ~restric~tions II'upon hours provc~\ided~i that such additional worker shall
not relceive less thanu thiirty donol~rs Ib$Sil.0) 'Ier week.
t:3) E~rrneptionI forr' Delirlxcatese Stormr.--It is provided, that no deslicate~ssen
storre whlose prilc~ipal bus1inle-s is serv'\ing, prep,;l'lain and se~lling~ food I'really for
immnediatre consl~umpt~ic ion, may~ opera~~te longer hours thanz those prscribe~d by
Article \'. Section 1.
(-1) I~ciaralilsrato of Gtorre Horsrr.-Abll establishments shall ~reister the
opieratinf Iliour's they' ;e1le-t w~ithl the~ Counlllty Code Alltho.rity, andl shall post
suchI hours in a conspiciruous p~lace inl thle etabt~~li husent,~t
(1) 11alsi!' schedu~lel of lirage s.--On andl after the effective dalte of this
Schedlule, tle minimumlln weeklly' ra:t~e of wages shall be paid for a work wetek
as speccified in Ar~ticiar Y' of this ( 'ode, andl such1 weel-s whether palid on an
hourlyS wckly, mnthlllly, conunllissicln, or any13 other basis sha~ll, ecept~i as
prov'ided~ herenfter, h~e as fo~llow~s:
rla W~ith~in cities of~ ovecr 2~.1,000~ population, no emnplo~ee shall be p~aidl les
thian at the rate of twelvee dollars 1812.00) per weeck.
(b) WCithin cities, towns, alnl vill .-sl of from 2",Gun to 2r;,000n( popu~laini~n
no C[illll.l( shall b~e paid less than at thle rate of tenl Ill:0--, (.$10.cll) p~er
(c) Within townns andt vill-:, .-c- ith less than L,.-anrl population, the w\;lee
of all classes of empgloyes skall not 13e less than nine dlollar's (y*,illm) per week.,
SISCTION 4-LoSs ~IMIITATION. ProvIIsoN
Cost to th~e mocreha~nt shall1 be the invoice or repliacemuent I*Flet, w-hichlever is
lower, after dedluction of 'all legitimate trade dlisco~unts exclusive of calsh dis-
counts for prompt payment.
The administration of this Schedule shall be governeui:1 in. accordlance with
Article X: of thlis Code.
SUPPLEMrENTARY PROVISIONS AND MODIF'IGATIONS8 APP'LICABLE: TO RETAIL MrUSIC
AblD RADIO DEAES, AND RADIO AN;D MUrSIC SERVICE SHEOPS WITHIN THE TER-
R:ITORY OF HAWAII.
In addition to the foregoing p~rovisionsj of this Code, the follow\ing~ supple-
muentary provisions and modifications shall apply' to retail music alnd radio
esEtablishments and to all retailers dlealing in radio anrl musical instruments.
SEcTION 1--TRADE PBAGCTICES
Tn addition to the trade practices set forth in the provisions of the Code,
it shall be considered unfair trade practices for anly music or radio dealer to:
(1) Display his unlit mlercha~ndise without, its cash1 retail price~ plainly
(2) Guarantee to the purch~aser anly radio for free service of timle work1 in
excess of thirty days or parts rep~lacemernt in excess of nintey days frone
date of sale, except where a radio is covered by another gLlnorantee for a greater
period of time.
SE;CTION 2-Anua~rsTjR.ATI0 o
The admlinistr'ation of this Schedule shall be gove~rnedc in ac~colrdanlcet with
Artlele X of this Code.
SUPPLEMENTARYP PRIOVISIONS AND MODIFICATIONS ABPPLICABLE] TO RE'PAIL ELECT'RIOI
RIEFRIGERABTION DEALERS AND ESTABlLISHMlE~NTB~ WITHIN TH~E TERRITORY OF
In, addition to the foregoing provisions of this Code, the following supple-
mentary provisions and modifications shall apply lto retail refrigeration estab-
lishments and to all retailers dealing in electric refrigeration.
SECTION 1--TRADE PRACTICES
In addition to the trade practices set forth in the provisions of this Code it
shall be considi~eredt an unfair trade practice for ainy electrienl refrigeration
establishment or retailer to:
(1) Deliver any electric refrigerator to a prospective purchaser on approval
or free trial.
(2) Display his unit merchandise w\ithout its cash retail price plainly marked
(3) Acceplt a timne contract from the plurebase~r of an e~lectrie refrigerator
on terms in. excess of twenty-four (24) months.
(4) When, in the! opinlion of the Territo~ry Code Authority, other unfair trade
practices exist within the Trade governed by this Schedule, the Territorial
Code Authority mtay request the Administrator to conduct such hearings as he
deems necessary and with his approval a ban upon such unfair trade practices
will become a part of this Schedule.
The foreg~oing trade practices do not restrict any dealer from following any
special sales plans or campaigns wpchen the manufacturer of the product bellig
sold by the dealer is promoting or sponsoring such campaign nationalolyg. Ip
such case it shall also be the privcilege for any other refrigerator dealer orr
establishment to adopt similar plans that will permit said dealer or establish-
ment to meet his competitor on fair terms.
The administration of this Schedule shall be governed in accordance with
Article X of this Code.
BUPPZ~LEMTENTR PROVIESIONJS ABND MODIFICATIONS APPI~CAb]LE TO) REAIL, ,JEWL
ESTARLTSHMENTS ANDTO AL RETILERS DIEALINGO INc JEWP~ELRY AND ALLID
PRODUCTS WITHIN TH~E TRITORY OF HAWAII
In addition to the foregoing plcroisionls of this Code, thle fol~,\ilowing supple\-
mentary provisions and modifications shall apply to retail jewTelry establlish-
ments and all1 retailersc dlealinlg in Jewelry! and alliedl products.
(1). Retail Jetoeiry~ Trade.--The term~ retaill jewelry tlrade'" as use ]herein
shall mean all selling to the consumerr, and not for the purpose of resale in any
form, of jewelry as def-inedt herein or services~ or repgairs to jewelry, in t-he
Territory of Hawaii.
(2) Retail JewecTer.-Th'le term retail jewveler "': as ued\ herein shtall me~an
any individual or organization ellngagd whoflly or pnr~tially in the re~tail jeelryLl
(3) Jerrcelry.-The termo je~e~lry "' as usedl hetrein shall mean dliamolnds anld
other prec~ious -and semi-precio uls stone~. I, perl. c ulturcrl pounds. nynthetic
stones, and any imitations~ of any~ of these articles, artic~les fo-r persolnal wer
and adornment of any chalracte~r whatsoever comnmonly and~t c~ommereei nll y known
as "Ljewnelry ", watchres, clocks, silvcerw-are, groldware'c, andc p~reciouzs metalwnare olf
the platinuml group, and wares plalted with any p~recious? metal.
(4) Reta Il Jercelr'U Esta~/rbli~vli utent .--The terml retail jewerler! establishment "'
as used herein shall mea~tn anly store or depa~:rtmnlr t of a store cnreagerl in tl.
retail jewpelryr tfrade, but shall not include stores or dlclneprtmets inl which the
p~rinciDal, business is the selling at retail olf products o~thler than jewerlr~y, or
services or repairs to jew-elry.
SECTION 2-TRI~aD PRIAC.TIC.E<
In addition to thle Tradte Practices set for-th in Art~icle IX of this Cl.del. nil1
retail jewerlers salnl comply with the fo!llowing,:
(1) No retail jeweler sihall violate Nationall Stumplling~ Laws or the standrardls
of quality approvedl by' the United States Bureau of .s~rltandrds..
-(3) No retail jew'eler shall use thler wordl Illrfet or anyI~ other wordX or
expression of similar mueanling, in anly w\ny,. in connlection with, or as des~cr1ip~-
tive of, anty diamondt, rulby. supphIreI', orl emlerald which discloses flaws, clcrack-.
carbon, spots, cloudsi, cloludy texture, or blemnishes of any sort w7hen examined2
by a. trained eye under a diamIIond loulle of not less than 7 power.
(3) No retail jeweler shlrnl use thle w\ord "tliamonndl", "emeraldZ", "ruhlly ",
"sapphire", or "~eaIrl" in selling, offering for sale~, or adve~rltisingl for sale
any article or articles thlat are manulflc~tu red,, produced~~r or no~tificially cultur'ed
or cultivated as an imiitationi of, or subsitituEte flor. any real or natural dlininonlOI,
emerald, ruby, sngplhire, orl pearll, as dlefined he~'c;reafter without using a word1~~
Or words conspic~uously andl clearly portranying that the! article is malnufll:lc-tured(1,
prodlucedl, or artifiently culturedl or' cultlivalte ads the case may be.
Diamondl: A mineral consisting~ essentially olf pure't enrhou01 eyS~talliZedI il thle
isjometric s~st~em, generally in oc~tahedlron formo, e~ither~ colorless~ or var11ioully*
tinted. Its hardlness is 10 andl its spec~ific grav'ity is about 3~.."r'*.
Emerald: A bright-green variety oft h~er~i whichl c~rystalllizedr in thle' rhlombo-
hedral system, almost alwaYs in psi-sided prisms. Its color is anol to the
presence of chromium. Its hardneII~Ss is about 7.8 and its sprcific grav\ity very
Ruby : The name ruby is given to the transparent red variety of the
mineral corunzdumn, which is nearly puret alumoina (AlsOa). The color is due
to the addition of minute quantities of metallic oxides to the alumina. Its
hlardness is about 8.8 and its spcific gravity varies from 3.97 to 4.05.
Sapphire: T'he name sapphire is given to the transparent blue variety
of thie mineral corundum, whlichl is nearly pure alumina (AL2Os). The color
is due to the addition of minute quantities of metallic oxides to thle alumina.
Its hardness is about 8.8 and its specific gravity varies from 3.97 to 4.05.
Sapphires may be of other colors than blue, but in that case are comlmerc~ially
classed as semai-precious stones.
Pearl: Pearls are lustrous concretions, consisting essentially of concentric
layers of carbonate of limze interstratified with animal membrane, found in the
shells of certain mollusks, the result of an abnormal secretary process caused
by an irritation of the mantle of the mollusk consequent on the natural in-
trusion into the shell of some foreign body, as a grain of sand, an egg of the
mollusk itself, or perhaps; some cercarian parasite, or an excess of carbolnate
of lime in. the water.
(4) No retail jeweler shall use the words real ", genuine ", natural ",
or anly other words of similar meaning, in any way, in connection with, or
as descriptive of, any article or articles that are maanufactured,- produced, or
artificially cultured or cultivated, as an imitation of, or substitute for, any
precious or semiprecious stones or pearls.
(5) No retail jeweler selling jewelry to the ultimate consumer shall refer
his customers to thie establishment of another retailer with the suggestion
that the customer make a. selection but no purchase, thus parasitically using
the facilities of the latter retailer, such as stock and salesmen's time, to
create sales for hi~self by offering and delivering the identical goods to his
customers at greater profit to himself, because others bear a substantial part
of the cost of his effecting such sale.
(6) No retail jeweler shall issue price lists and/or catalogues the tendency
of which, in connection with the offering of discounts, is to givce to the consumer
the impression that the prices are bargain. prices, when such in fact is not
(7) N~o retail jeweler shall advertise or offer to repair watches or clocks at
a uniform price irrespective of the cost of such repairs.
(8) No retail jeweler shall sell, offer for sale, or advertise for sale, rebuilt
watches unless such articles arer clearly designated as such.
(9) No retail jeweler shall appraise any articles of jewelry unless such
appraisal is in writing over his signature.
The administration of this Schedule shall be govrnmed in accordance withl
Article X, of this Code.
BUPPLEMEN FARY PROVIIONS) AND MLODIFCATIONSr A1PPLICALE TO THEI PHOTOGRAECPHIO
AND PHfOTO FINTUISHINMG INDUSTRY WITHIN THE] TERRITORY OF HmAWATI
In addition to the fo:re~go:ingt provisionsl of this Code,ll the folllow\ingb sllllple-
mentary provisions :nd modritien:tionsl shall aplplyv to Pholltographllic and Pholtto
(1) P'ho~loglraphicrrrr usa lllr Pho inrihhino~ Indus/ltry.--ThCe term Pholtograp';lhic
and Phloto> Finishing Indutry "lJ. as used herein includes the pro~iduction~r and
sale of photographic reproductions and/or prints andl the development of ex-
p~osedl prhotographic films, plates, or packrs, and/or the p~rinting the~reof. This
term. shall not include bluep~rinting, prllantlatating, X-ray~ing, and motion pictures.
(2L) Thfe Three Divisions of this Industry are:
(a) Portrait phlotography, w-hic~h inlcludles the production and sale of phloto-
graphic reproduc~tions of natural persons.
(b) Commercial phoctoraphy,-b S which includes the production and sale of
photograph~ reprodluctions of natural persons, proper-ties, chattels, andi docu-
(0) Phoitoj fiishingS, which includes the development and/or pr~itrtingL of
exposedl ph~otogra~hie ~films, plates, or pnc~ks, andi the sale thereof.
SECTIONS 2-RADE; PRACTIIC'ES
(1) The fo~llow-ing practices, appllienblle to all dlivisionsl, constitute unfair
methods of competition for memers of the Industry and are prohibited:
(a) False Inv-oices.---To withhold from or insert in an invoice or order state-
ments or entries which makre such documents a fallse recocrd., wholly or in part,
of the transaction represented on the face thereof.
(b) False Marking or Bran~ding.--The false mlrk~inlg or branlldingl of any,
product of the Indlustry whlich has thle tendency to mlisleadl or deceive cus-
tomers or prosp~ectiv-e cu~stomers, wlethler as to the grade, quality, luarlity~,
substance, characters, nature, origin, size, fliiSh. or preprat~fionl of any~ product
of the Industry or otherwise.
(c) Breachl of Contlracts.-Inducing~ or,1 attemipting to induce the brechcl of
ant existing oral or w-ritten contract be~twecen a competitor and his; customlercs,
or source of supply,1 or interfering with or obslrtrnetingg the perfomanee of
a~ny such conltrntual dulties or services.
(d) C'oPUing of Pr~oofs.--To copy w\ithlout the Ilunker1's perm'lliSsionI pr'(Oof
and/or photographic pr~ints whichl benr th~e ulnme of thte makrer wh-ien his
estab~lishmentl i4 stlUi inl txistenlce.
constitute additional ulnfirr muethodt s of compelitiitrio fo~r m bember of that
division, andl are hereby p~rohlibitedl.
(a) ScrtfUl Subsidiz~.--To secretly sublsidize prlOmlinentl peC'Brsons and use
their names and/or phlotogranphs for adver~tisingg or dlisplny purposes..
(b) Disclose Na~nre of P,roucer.--To fail to dlisclos~e the unmne of the( mni.eulrl
actually selling or p~rodlucing: portr~aits whenI~I s:nme are scld or adtvertisedl in
and through another conlcernl.
(3) Commercial Photography shall be governed by the foregoing Trade
SECTION 3 ADMINIsTRA'rloN
The administration of this Schedule shall be governed in accordance with
Article X of this Code.
UNIVERSITY OF FLORIDA
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