NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
FOR THE "
SOFT LIM~IE ROCK INDUSTRY
AS APPROVED ON MAY 7, 1934
For sale by the Superintendent of Documents. Washington, D.C. -. Price 5 cents
Approved Code No. 419
Registry No. 1026--02
WE~ DO OUR PART
GOVERNMENT PRINTING OFFICE
Ths publications is for sale by the Superintendent of Documents, Government
Printing Off~ice, W'ashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlnuta, Ga.: 5041 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, 15Inss.: 1801 Custombouse.
Buffalo, N.Y'.: Chamber of Commerce Building.
C'harleston, S.C'.: Chiamber of Commerce Building.
Chiengo, Ill.: Suite 17i06, 201 North Wells Street.
Cleve~land,. Ohio: Chamber of Commerce.
Dallas, Tlex.: Chlamb~er of Commerc~e Building.
Detroit, Michl.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Buildling.
Indialnapolis,. Ind.: Chamber of Commerce Building.
Jaccksonville. Fla.: Chamber of Commerce Building.
Kansns City\, 310.: 10)28 Baltimore Ave~nue.
Lo.sAngerles, Canlif.: 1163 South Broadw~ay.
Louisville. K'Y.: 4108 Federal Building.
Rlemp~his, Tenn.: 229 Federal Building.
M~iintnepolis, Mlinu.: 213 Federal Building.
Nev Or~leans, La.: R~oom 225-A, Custombonse.
New York, N.Y.: 734 C'ustomhouse.
NorIfolk, V'a.: 406 East Plume Street.
Phiicladlp~hin, Pa.: 42'2 Commercial Trust Building.
Pittsburgrh, Pa.: Chamb~er of Commerce Building.
Portlandt, Oreg.: 21.5 New Post Offic~e Building.
St. Louis, Mio.: 506 Olive Street.
San Francisco, Calif.: 310 Customlhouse.
Seattle, Washl.: SO9 Federal Offic~e Building.
Approved Code No. 419
CODE OF FAIR COMPETITION
SOFTl LIMIE ROCKI INDUTST]RYI
As ~Approved on MWay 7, 1934
-APRrovING CODE, OF FAIR COM PETITION FOR TH3E Sorr LIME ROCKZ
An atpplicationr havingr 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
1Fair Competition for the Soft Lime Rock 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, THERIEFEORE, on behalf of th~e President of the United
States, I, Hugh S. Johnson, Admninistrator for Induxstrial Rtecovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that, said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
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 VIII, (Section. 3) insofar as they prescribe
a waiting npe;rio between t~he filing with t~he Code Aut~hority and the
effective date of price lists, as originally filed and/or revised price
lists or revised terms and conditions of sale, be and they are hereby
stayed pending my further Order; and provided further, that the
Code Authority shall not later than ninety days after the date of
this Order, submit to the Administrator further evidence that thze
averaging of hours as provided in Section 1 of Article III is necessary
in this Industry.
]HTJan S. JoHNSOx,
A dmn, ~Iistrator for Indust rial! Reclovery.
Approval reconunlended :
AL. R. GLANCY,
Division, A dlin is~trator.
illay 7, 1934.
5i4 12 "-- 5 44-4-1 -- (27)
REPORT TO THE PRESIDENT
The Whi'te3 HEoutse.
SIa: This is a repor-t on the Code of Fair Competition for the
Soft LI~ime Rock Industry, a hearing on which was conducted in
W~ash~ilgrton on the second of November, 1933, in accordance with
the provisions of the National Indust~rial Recovery Act.
PRVISIONS OF THEE CODE AS TO WAGES A.ND HOURS
Thnis Code provides for a mnaximuml work wreek of forty hours as
averaged over any three months period, forty-eight hours in any
one wneek, eight hours in anly onle day and six days in any seven-day
period. 1For all timne worked in excess of eight hours per day or
forty hours per w-eek, pymylent is to be made at the rate of not less
than one and one-half times the normal rate of pay. Exceptions
to the me ximnum working limiits above are provided for outside sales-
mnen; executives, supervisors, or technical assistants receiving not
less than $35.0~0 per week; watchmen, who maly work fiftyS-six hours
per week; employees engaged inl emergency maintenance or repair
work, who receive overtime for all time in excess of the above pre-
scribed limlits;3 and clerical employees, who ar~e limited to forty hours
per week, eight hours per dayg and six day's per week.
This Code provides for mninimlum hourly rates of pay of 40 cents
in the North, 30 cents in the intermediate zone, and 25 cents in the
South, regardless of whether an employee is compensated on a time
rate, p~iecewor~k, or other basis. A provision is mlade for the read-
justment. of compensation for employment now in excess of the
minimum, wages prescribed. Clerical and office employees are to be
paid at not less than at thae rate of $14.00 per w~eek in t~he South, and
$15.00 per week elsewhere.
No person undlcer sixteen years of age may be employed, and no
person under eightteen years of age may w~or~k at hazardous or un-
healthy occupations. Provisions are included for posting of the
Code, for the health and safety of emplloyees, for handicapped per-
sons, as well as other provisions for the general welfare of
:ECONOMIIC EFFECTS OF THE CODE
As reported by the Southeastern Soft Lime Rock Associa~tion, the
1933 shipments of the products of .this Industry have decreased
abo~ut. 57 percent below that in 1931. Accordingly, serious compet~i-
tion has existed with the result th~at ruinous price-cutting has been
practiced. By reason of the provision in this Code prohibiting un-
fair trade practices, and the provisions relating t~o selling below
cost and price puibliention, it is believed thiat the price structure
within the Industry w~ill be materially stabilized by reasons of the
approval of this Code.
The Mfembers of this Industry ~are located entirely in the South-
easter~n Gulf and Atlantic States, and are engaged in quarrying and
crushing a type, of lime rockr obtained and used commercially only
in this area. The minimum wage paid prior to October, 1933, ait
which time Codal rates became effective by agreement between Mem-
bers of the Industry, had been 10 cents per hour, and it had been
customary to work 10 hours per day and 6 days per week, whenever
business demanded and weather Irfrmitted such operations. The
Codal minmimumrJ rate for the area affected, will represent an increase
of about 150 percent over the minimum rate prior to the 1933 Codal
agreement. The average earnings prior to this date were about 18
cents per hour, while the average since has been about 33 cents per
hour, as based on best available data. With any reasonable volume
of business, it is estimated that the average w~eeklyl earnings, in spite
of shorter working time, will far exceed those for any recent previous
year, including the year 1929.
The ssitan DeutyAdministrator in his final report to m~e on
said Codle having found shri e ot n ntebsso l
the proceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the N~ational 'Industrial Recovery Act, including
removal of obstructions to thie free flow of interstate and foreign
commerce which tendl to dimninishl the amrounlt thereof and will pro-
vide for the general welfare byT promoting the organization of in-
dustryp for the purpose of cooperative action among the trade groups,
by inducing and maaintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimninat-
ing unfair competitive practices, by promoting the fullest possible
utillization of the present productive capacity of industries, by avoid-
inga undue restriction of production (except as mnay be temnporarily
required), by increasing the consumption of industrial and agfricul-
tural products through increasing purchasing powsPer, by reducing
and relieving unmployrment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 emi-
p~loy'ee; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Sub~section (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an :industr~inI association truly representative of the
aforesaid Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(l) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) T~he Code Is not designed to and wrill nlot 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
For these reasons, therefore, I have approved this Code.
Hoca S. JoHNSON,
MABY 7, 1934.
COD)E OF` FAIR COIMPETI[TIONT FOR THE SOFT LIME
To effectuate the policies of Title I of the NIat~ional Industriazl
Recovery Atct, the following provisions are established as a Code of
F'air Competition for the: Soft Lime Rock I~ndustry and shall be
the standard of fair competition for such I~ndustry and shall be
binding on evry~l membet~~r tIhereof.
SECTION 1. Industry.--The term Industry as used herein in-
cludes the quarrying and/or crushing and/or sale of soft lime rock
as herein d~efined.
SECTION 2. The term soft lime rock as used herein meabns a soft
porous limecsto~ne which breaks and crushes readily when freshly
quarried, and when applied in crushed formo as a road base has the
property of packiingr into a firm cemented mass resistant to wFear
and water; such rock containing more thanl 8070 of calcium car-
bonate and havinq properties comparable to the material termed
"' Ocala ~im~estone.
SEenoxF 3. Member of the Induzstry.--The term Member of the
Industry as used h-erein includes anyone included in the Industry,
as above defined, either as an emlployelr or on his own behalf.
SECTION 4. Employee.--The term "employee "' as used herein in-
cludes anyone engaged in the Industry~ in any capacity receiving
compensation for his or her services, irrespective of the nature or
method of payment of suchl comcpensaztionl, except a Miember of the
SECTION 5. ~Empnloyer.--The term emlplroyer as used herein in-
cludes anyone by whom any such employee is compensated or
SEC=TION 6. 1DT88iden-t, Act and Admin i"s~tl~raor.-The terms Presi-
dent "', "LAct and "AdmlinisEtrator as used herein shall mean re-
spectiv~ely, the President of the United States, Ttle I: of the Nlational
Industrial Recovery Act, and the Administrator for Indusstrial
SECTION 7. d8sociatfion.--The term "Arssociation as used herein
means thle Southetistern Soft Lime Rock Association.
SECTION 1. ]Except as hereinafter provided, no employee shall be
permitted to work for more than eight (8) hours inr anyr one day nor
more than fortyT (40) hours per week as averaged over an three
(3) months' period, nor more than forty-eight (48) hours in any
one week; nor more t~han six (6) days in any seven (7) day period;
provided, however, that over-t.imle rates of at least one and one-half
(11/) times the normal rate shall be paid for all hours worked in
excess of ei-ht~ (8) per dlay or forty (40)~ per week._
SECTIOCN 2. Ejx~ylcptins.--The m1aximnum hours specified in Section
1 of this Article~ shall not apply to t~he following:
(a) Ourtside salesmlen; nor to Executiveq Super~visors or technical
assi~stanits who receive regularly not less than $~35.00 per week.
(b) Watchmeln, who may be permitted to w~or~k not. over fifty-six
(56) hours in any one w-eeki.
(c) Employees engaged in emergency maintenance or emergency
repair w~orkr involving br~eakdowns or protection of life or propertyI,
but in any such special cae~, at least one and one-half (11%) times
their normal rate shall be! panid for all time. worked in excess of the
maximumm hours established in Section 1 of this Art~icle.
(d) Employees engaged in clerical or office work, provided the
total working hours of such employees shall not exceed forty (40)
hours in any one week nror eightt (8) hours in any one day nor six
LECTION 3.dasi En~mo employers w~cho personally perform manual work or
are engaged in mechanical operations shall be subject to the same
limitations on w~orkiing time provided in this Article as to employees.
SECTION 4. No employer shall knowinrl Ipermit aIny epnlloyee to
w-orkl for any time which, when totaled with that already performed
wnith an oter~ employer or employers, exceeds the maximum per-
AntIcan IV -WAGE8
SECTION 1. NO employee shall be paid at less than at the hourly
rates specified in the follo~wing schedule. This minimum wage
shall apply to common labor or unskilled labor.
(a) Alabama, Florida, Georgia, 1\Iississippi, South Carolina;--
twentyr-fivre (25$) cenitss.
(b) riznaArknsa, KntukyLouisiana, New M~exico, Northi
Carolina, Okrlahoma, Tennessee,TesVria;try 0)
(c) All that territory not included in sub-sections (a) and (b)
of this sec~tion;--for~ty (404) cents.
.SECTION 2. This Article establishess a minimum rate of pay re-
gardlless of whether an employee is compensated on a time rate,
piecework, or other basis.
SECTION 3. Wages shall be paid at least twice a month not other-
wise? than in lawfu~l money or by negotia.ble checks therefore payable
on demand. This ~Article estanblishles rates of pay which shall be
exempt from any ~cha~rge, fines, or deductions by the employer other
th~an those voluntarily agreed to byJ the employee, or required by law.
SEC~TION 4. Employers shall not. reduce the compensation for em-
ployment now in excess of the minimum wages herein establishedl
notwithstandingg that. the hours worked in such employment muay be
hereby reduced) and shall increase th~e pay for such employment
'See paragraph 2 of order approving this Code.
by an equitable reaLdjustment of all pay schedules. `Each Miember
ofthe Industry shlwtin, sixty (60O) dayvs after the effective
date of this Code, report on such readjustmelnts to the Administrator.
SECTION 5. Employees engaged in clerical or offle.e wrk shall be
paid at not less than a.t thie rat of $15.00 .per w~Teek, except that in the
states specified in Sectlion 1 (a) of Article IV, such emplloyees shall
be paid at not less than at the rate of $14.00 per week.
A4Rri V-~TGENERAL LABO3R PROVISIONS
SECTION i. NO person under sixteen (16) years of age shall be
employed in the Industry; nor anyone under eighteen (18) years of
age at operations or occupations hazardous in nature or detrimental
t~o health.~ The Code Authlorit~y as hereinafter estabtlishedc shall sub-
m~it to the Administ~rator not later than thirty (30) days after the
effective date, a list of such occupa>tions. In any Statte an employer
shall be deemedt to have complied with this provision if he shall have
on file a certificate or permit duly issued by thre authority in such
State emnpoweredl to issue em~ploymentt or age certifleatels or permits
showing that the employee is of th~e required age.
SECTION 2. (a) Employees shall have the right to organize and
bargain collectively through rep~resenltatives of their own ch~oosing,
and shall be free from the interference, restraint, or coersion of em-
ployers of labor, or their agents, in the designration of such r~epr~esen~t-
atives or in self-organization or in other concerted activities for the
purpose of collective bargaliningr or other mutual aid or pro-tection.
(b) No employee and no one seeking employment shall be required
as a condition of emiploymnent to join any company union or to
refrain from joining, organizing, or assisting a labor organlization
of his own choosing; and
(c) Empllo'e~rs shall comply w~ithl the maximumn hours of labor
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
SECTION 3. (a) W~ithin each State this Code shall not sulpersede
any laws of such State imposing more stringent. reqluremlents on
employers regulating the age of employees, wages, hours of w~Fork,
or health, or fire protection or general working conditions than
prescribed in this Code.
(b) No employer shall reclassify employees or duties of occupa.-
tions performed or engage in any other subterfuge for the purpose
of defeating the provisions of the Act or of this Code.
(c) Each M~ember of the Industry shall post copies of the pro-
visions of this Code in accordance wi~th the rules and regulations as
may be from time to time pr1escribedl by the Admlinistrator.
(d) Each employ-er shall provide for the health and safety of his-
employees during the hours and at the places of their employment.
Standards for safety and hea~lthl shall be submitted by~ the Code
Authorityv to the Adlministrator within six (6) months after th~e
effective date of this Code.
SECTION 4. A person whose earning capacity is limited~ because
oIf age, physical or mental handicap, or other infirmrit~y, mnay be em-
p~loyed on light work at a wage b~elow the minimum established by9
this Code, if the employer obtains from the State Auithority, desPig-
nated by the U~.S. Department of Labor, a certificate authorizing
such person's employment at such wages and for such hours as shall
be stated in the certificate. Such authority shall be guided by the
instructions of the U.S. Department of Labor in issumng certificates
to such persons. Each employer shall file monthly with the Code
Authority a list of all such persons employed by him, showing the
wages Tpaid to, and the maximum hours'of work for, such employee.
SETON 5. No employee shall be required, as a condition of
emluoymlent, to trade at a store owned or specified by an employer.
SECTION 6. Employees, other than maintenance or supervisory men,
or those necessary to protect property, shall not be required, as a
condition of emnploymnent, to live in houses rented from or specified
by their emnployers.
ARn CLE VI--A DMI:N ISTRBTI ON
SECTION i. COcA A'uthority.---A Code Authority is hereby estab-
lished for the administration of this Code.
SEC:TION 2. M~embersh~ip.-T'he Code Authorityv shall consist of the
Executive Committee of the A~ssociation, as this Conmmittee is from
time to time constituted; and, if deemed necessary byI the Admin-
istrator, not more than two (2) additional Mecmbers of the Industry,
not M'lembers of the ALssociation1, who shall be elected on a fair basis
by the ~Members of th~e Ilndustry; and, in addition shall include fromt
one to three membrs without vote to be appointed by the Admin-
istrator. The M~lembers appointed by the Admrinistrator shall be
without vTote and shall be gcive~n notice of andl may sit at all meetings
of the Code Authority. YSimilar notice of meetings of the Code
Authority shall also be given to the Administrator.
SECTION 3. Each trade or industrial association directly or in-
directly. participating in the selection or activitiess of the Code
Authority shall (1 impose no inequitable restrictions on member-
ship, and (2) submit to the Administrator tr~ue copies of its articles
of association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membershlip,
organization, and activities as thle Admlinistrator may deem necessary
to e~ffectuate the purposes of thie AIct.
SCCeINo 4. In order that the Codle Authority shall at all times
be truly representative of the I~ndustry and in other respects comply
with the provisions of the Act, the Adm~inist~rator may prod
such hearings as he mlay deem proper; and thereafter if he shallpr~d
find that the Code Authority is not truly representative or does not
in other respects comply with the p~rovisions of thle Act, may. require
an approprIiate modification in the method of selection of t~he Clode
Authority, or any sub-Code Authority.
SlECTON 5. T'he Code Aiuthorityr shall be thie general planning and
coordinating agency for thle Industrly. It shall have the power~s and
duties as provided herein, and in addition thereto, it shall
(a) Upon comnplaint of interestedl parties or on its own initiative,
make such inquiries and investigation into the. operation of the
GCode as many be necessary, subject to such rules and regulations as
the Admninistratorr may prescribe.
(b) Subject to such rules and regaulationls as the Administrator
may prescribe to elect such officers andl makle such rules and regula-
tions as are necessary for the administration. of this Code, including
the appointment of such sub-committees and agencies as are required
to properly effectuatee the purposes of the Code, provided, how~ever,
that the Code Authority shall not be relieved of its responsibility,
and that such sub-committees or agencies shall comply with all
applicable provisions of this~ Code.
(c) To obtain from M~embers of the Industry such informtinlio
and reports as are required for the administration of the Code and
to provide for submission by M~embers of such, informnt~io~n and re-
ports as the Admninistratorl may deem necessary for the purp~oses
recited in Section 3 (a) of the AIct, which infor~mation and reports
shall be sulbmritted by M~embe~rs to such administrative and/or govern-
mient agencies as the Administrator mayr desig~lnae; provided, how-
ever, that nothing in this Code shall relieve any Memlber of th~e In-
dlustry of any existing clbliga~tions to furnish reports to anly gover~n-
mlent ag~ency. No individual reports shall be disclosed to any other
Member of the IndustryS or any other partyr except, to such govern-
mental agencies as may be directed by the Aldministraltor..
(dl) Tdo cooperate with the Adrministrator in regulatng;n the use
of any National Recovery Admlinistrantion insig-nia solely bly those
Members of the IndustryS who have assented to, and are complying
with thiis Code.
(e) To appoint a trade practice committee which may meet with
the trade practice committee appointed under such other Codes as
may be related to the Industry for the purpose of formulating fair
trade practice to govern the relationships between production and
distribution employers und~cer this Code and under such othersa to thes
end that such fair trade practices mayT be proposed to the Admlninlis-
trator as amendments to this Cod~e and such other Codes.
SECTION 6. If the Admninistrator shall determine that any action
of the Code Authority or any agency thlereof may be unfair or unjust
or contr~ary to th~e public Interest, the Administrator mlay require
that. such Ic~tion be suspendled~ to afford an opportunity for investi-
gation of thle merits of such action. and further consideration by the
Clode AuthorityS or agetncy pending final action which, shall not be
effective unless the Adminittrator app~roves, or unless he shall fail
t.o disapprove afterl thirty day3s notice to him of intention to proceed
with such action. in its origiinal or modified form.
SECTION 7. Only those M~emlbers of the Industry w~ho assenlt to
and c~omlply with the requir~ements of this Code and sust~nin their
reasonable share of the exspenses of its administration shall be enti-
tiedl to parlt~icipate in and share the benefits of thae activities of the
Code Author~ity and to participate in the selection of thie memlber~s
thertleof. and! to use the NJational ]Recovery Administration Code in-
signia. A~ reasonable share of the expenses of administration shall
be determined by t.h~e Code Aut'ho~it~y, on the basis of volume of
business and. o~r such other factors as mlay be deemed equlitable to be
taken into consideration..
ARTICLE VII--T\LDE NATICES
UNfFAIR TRADE PILC'TICES
The following practices constitute unfair methods of competition
for M~emnbers of the Industry and are prohibited.
SECTION 1. Secret Rebate~s.-To make secret prepayment of trans-
portation charges or permit the payment or allowance of secret
rebates, refunds, credits, or unearned discounts, whether in the form
of money or oth~erwise, or extending to certain purchasers special
services or privileges not extended to all purchasers of the same
class under like terms and conditions.
SECTION 2. ConLtract Interference.--To interfere wilfully with any-
one by any means or device whatsoever, in any existing contract be-
tween a seller and a purchaser in or concerning the production, mianu-
facture, transportation, purchase, or sale of any industry product or
the performance of any contractual duty or service connected there-
with, with the intent and/or effect of thereby destroying or appro-
priating in whole or in part the property or business of another
engaged in the industry governed by this Code.
SIECTIN 3. ZLump-Sun Bziddling.--To sell any industry product
except on a urnt-price basis.
SIECTION 4. Cosntirgent Selling.--To enter into any agreement for
furnishing any industry product contingent up~on the sale or pur-
chase of any other product or service or other contingency not ap-
pearmng in thie contract.
SECTIOx 5. T1o quote prices on Industry products, or to sell, or to
offer same for sale, without having complied with Article VIII of
SECTION 6. C~onurnercial2 Br-ibery.--No M~ember of t~he Industry
shall give, permit to be given, or directly offer to grive, anyt~hing of
value for the purpose of influencing or r~ewarding the action of any
employee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent or
the represented piarty, without the knowledge of such employer, prin-
cipal, or party. This provision shall not. be construed to prohibit free
and general distribution of articles commonly used for advertising,
except so far as such articles are actually used for commercial bribery
as hereinabove defined.
SECTION 1. TChe. Code Aut~horityv shall cau~se to be formulated an
accounting system and methods of cost finding and/or estimating
capable ofo use by all Mlembers of the Industry. After such system
and mneth~ods have been formulated, full details concerning them shall
be made available to all Mlembers, as shall full details of all changes
therein las and when made. Before becoming effective the cost system
an~d methods of cost finding and estimating and all changes therein
shall be filed with the Administrator for his approval. After full
details concerning such system and methods have been made avail-
able to all Mlembers of t~he Industry, and thereafter, all Miembers
shall determine and/'or estimate costs in accordance with the prin-
ciples of such methods.
S~ECTION 2. No M~ember of the Industry shall sell any industry
product at less than his own cost except to meet the competition of
another Mlember of t~he Industry whose costs under this Code are
lower. Cost for the purpose of this Section shall include all cost
as developed by the uniform cost accounting system provided in Sec-
tion 1, except interest on indebtedness, interest on investment,
depreciation on unused facilities and account losses.
SEcrHON 3. (a) Within ten (10) days after the effective date of
this Code, each Ml~ember of the Industry shall file with the Code
Authority all prices, sterns, and conditions of sale for industr-y prod-
ucts, whlich sh~all be f.o.b. plant, and suc~h prices, terms, andl condi-
tions of sale shall be effect~iive within five (5) days after the date
of filing. Revised prIices, terms andi conditions of sale may be filed
to become effective f\th (5) days after the date of filing. The Cod-e
Authority4 shaoll immedliately cause copies of all such pr1ic~es, term'ls,
andi conditions olf sale filed wIith it, togethter with, any revised prices,
terms and conditions of sale, to be dlistr~ibutedi among Members of
thle Indust~ry and such copies shall be mad1:e available for public
(b) No provision co-ntainied herein shIall be construed as prevent.-
ing any Memnber of th~e Industry from meeting as of their effective
dlate, thle prices, terms and conditions of sale filed as hleretinabove
provided by any other Mcmbjer of the IndustryT.
(c) Except as providled in the foregoing sub-section (b), no Mem~n-
ber of the Industry shall sell or offers for sale any industry products
on more favorable terms to the purchaser than as contained in the
lists of prices, terms and conditions of sale filed and in effect as here-
ARTICLE IY UhNIFORM: SALES AND) CREDIT PRACT'IICES
The Code Aut~hority may establish uniform sales and credit prac-
tices for this Industry a7nd. after approval b~y thre Adcministrattor such
practicesc shall be bindingr upon all Members of the Industry and a
violation of uch practices slhall constitute a violationl of this Code.
The Codie Authority~ may obtain information from all Members
of the Indlustr~y to enable it to ascertaina the existing and potential
prouact~ive capacityv of the Industry. Any Membe~r of the Industry
shall inform the Codle AuthorityI of his intention to install additional
plant capacity~ or to mo\ve an existing plant from one producing area
to another. Such M~ember shall, upon reque~st. be entitled to obtain
from t~he Code! Autho~rityr the available information mentioned inl the:
first sentence of this section. The Code Authority may also make
such recommendations to the Adtminiistrator as it may deem fit for
the pur~pocss of effectuating the policies of the Act or for nam-liin-
istering the provisions of this Code.
AR~TICLE 11-- ATO.DIFICATION ANTD AMENDMENT
SECTrom 1. St~atutoryl Pr~~~ovisio.--This Code andl all the provi-
sion.; hereof are mande subject to the right of the President, under
sub-section (b) of Section 10 of the National Industrial Recovery
Act., fr~om time to time to cancel or modify any order, approva?"l,
lijcense, rulle, or regulation issuedl undcr Title I of said Act and spe-
cifically, but without limitation, to the right of the President to
cancel or mnodify his approval of .this Code or any conditions
imposed by him upon hiis approval thereof.
See paragraph 2 of order approving this Code.
SECTION 2. Amnendmen~ts.--The Code Authority may from time to
time propose amnendm~ents to this Code to the AQdministrator; and
thi Coeexcept as to provisions required by the Act, may be modi-
miodification to be based upon application to the Administrator
after such notice and hearing as he may specify, and to become
effective on approval of the Administrator.
ARTc ZIC 11-RTONOPOLIES
No provision of this Code shall be so applied as to permit monopo-
lies or monopohist~ic practices, or to chmninat~e, oppress, or discrulni-
nate against small enterprises.
ARTICLE XITII-PRICE INCREASES
Whereas the policy of t~he Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as waages, it is recognized that price
increases should be delayed and that, when made, the same should,
so far as reasonably possible, be limited to actual increases in the
~ARTICLE XIV- EFFEICTIVTE DATE
This Code shall become effective on the beginning of the tenth
day after its approval by the President.
Approved Code No. 419.
Registry No. 1026-02t.
UNIVERSITY OF FLORIDA
3 1262 08486 8487