Code of fair competition for the fuller's earth producing and marketing industry, as approved on March 23, 1934

MISSING IMAGE

Material Information

Title:
Code of fair competition for the fuller's earth producing and marketing industry, as approved on March 23, 1934
Physical Description:
p.377-386 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Fuller's earth -- Law and legislation -- United States   ( lcsh )
Clay industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
"Approved Code No.356 ; Registry No.1013-10"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851495
oclc - 63655004
System ID:
AA00006538:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION



FULLER'S EARTH PRODUCING

AND ~MARKETING INDUSTRY


I I
Fo~r sle by the Superintendent of Documents, Washington, D.C. - Price 5 cenla


Approved Code No. 356


Registry No. 1013--10


AS APPROVED ON MARCH 23, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHIINGTON: 1934

























This publication is for sale by t~he Super~inntendet of D~cnuments,, Govern-
ment Printing Offlee, Washington, D.C., and by district ounces of thle Bureau
of Foreign and Domestic Commerce.
DISTRICT OFFICES OF THIE D)EPARTMLENT OF COMMBERGB
Atlanta, Ga.: 504 Post OLike B~uilding.
Birminglham, Ala.: 257 Feder~al Buildling.
Boston, Mass.: 1801 Custombonse.
Buffalo, N.Y.: Chamber of C'ommuere BulildIn=.
Charleston, 8.C.: Chamber of Commerce Buildlinga.
Chicago, Ill.: Suite 1706. 201 North WellS11 Stlr~ee.
Cleveland, Ohio: Chamber of Comlmerce.
Dallas, Tex.: Chamber of Commerce Buib~ling.

Houston, Tlex.: Chamuber of Commer~ce Buildling.
Indianapolis, Ind.: Chamber of Comlmerce Building.
Jacksoinville, Fla.: Chamber of Commelnrce Building.
Kansas City, Mo.: 1028 Ba'ltimore! Avenue.
Los Angeles, Calif.: 1163 South Broadwa-ry.
Louisville, Ky.: 408 Federal Buildling.
Mlemphis, Tenn.: 229 Federal Duildingr.
Mlinneapolis, Mlinn.: 218 Federal Bu~ildling.
NewF Orleans, La.: Room 225-A, Custombouuse.
New Yor, N.Y.: 784 Custombhouse.
N'orfolk, Va.: 400 East Plume Street.
Philade~lhihi. Pa.: 422 Comm~rc~ial Tr'ust Burildliinr.
Pittsburgh, Pa.: Chamber of Commelre Building.
Portland, Oreg.: 215 New Post Oncee Building.
St. L~ouis, Mo.: 506 Olive Street.
San Francisco, Ca~lif.: 31.0 Custombouse.
Seattle, Wa~ish.: Sil9 Federal Otfee B~uilding.













Approved Code No. 356


CODE OF FAIR COMPETITION
FOR THE

FULLER'S EARTH PRODUCING AND MARKETING
INDUSTRY'

As Approved on 111arch 23, 1934


ORDER

Arrnovisae CODE OF FAIR( COMrE~TITON FOR THE FULLER S EARTH
P)RODUCING AND R$ARKErTING INDIESTRY
An app~lientionl having been duly madle pulrsuant to and in full
comllplianlce with the pr~ovisions of Title I of the: National Industrial
Recovery) Act, appr~iov-ed Juine 16, 19333, for approval of a Codle of
Fair competitionn for the Fuiller's Earth Prodlucing and M~arketing
Indrustrv, andi hlearinlgs having beeni duly~ held thereon andt the an-
nexedt report on1 saidl Code, containling the findcings withl respect
thlereto. hav\ingr bee~n made andl directedl to thle Presidlent:
NO\\'. THEREFORE, onI behalf of th~e Pre-ident of the United
States, I. Hughl S. Johnsion, AdmIlinistr~ato r fo~r Inllustrial Recovciry,
puriisuunt to, authority' reste~d in mne by~ Executive Ordcers of th~e
President, inicludingi Executive Or~der No. 65-13-A,\ datedl Decembller
30, 1933, andr othlerwsise; do h~ereby incor~porate by~ preference sa~id
alnnsexed repo~t. and d~o findl that aidl Code compllies inl all r~es~ec~ts
w\ithi the pertinent pr~ovisions andl will promote thie p~olicy andl
purpDosies of Said. Title of said Act; anld do hereby ordier tha~t saidl
Code of Fair Comipettiton be andi it is hiereby approv-ed; provided,
however, that the provisions of Article V'III, (Section I) insofar
as they prescribe a waiting period between thle filing with the C'ode
Author~ity and thle effective date of r~evisedl price lists or revised
terms andl conditions of sale be and they are hereby stayed pending
my further Or~der either within a period of sixtyr days from the
effective date of this Code or after t~he completion of a study of
open price associations now: being conducted by the National
Recovery Administration.
HUGH S. JOHNSON,
Appova rcomendd Administratorl for Indlustr~ial Recovery.
A. R. GLANCY
Division Adlministr~ato~r.
WASHIINGTOx, D.C~.,
March R3, 1,934.
48301---4~25-1 30---341 (377)













REPORT TO THE PRESIDENT


The ~PREesIDENT,
The White Ho-use.
SmR: This is a report on the Code of Fair Comnpetition for the
FullePrs Ea3nrt~h PI~roducingr and Market~ing Indust~ry, a hearmgn~ on
which was conducted in W~ashington on th~e second of January,
1934, anzd reconvened on t~he fifth of Jalnuary, 1934, in accordance
with the provisions of the National Indlustr~ial Recovery Alct.
.1ROUIONscjS O:F TH.E CODE AS TO WAC(ES ANrD HOURS

This Code provides for a maximuml wor~k week~ of forty hours as
avecraged over a six months period, fortyr-eight hours in any one
week, and a maxsimium working day of ten hours. Exceptions are
provided for watchimen, whlo may wTor~k fifty-six hours per wreek, and
for engrine~ers, firemlen, electricians and~ lab~orato~ry staff, wrho are
limited in rnumbler and many work forty-eight hioura per week. Limii-
tations on wor~kinga time do not applyl to execultives, mnanagers or
supezrvisor~s who earn not less thal $3.5.00(' p)Er w~eek, nor to tr~averl-
ling salesmnen, nror to emplloyees eiingaed inl emergiency' maintenance
or repair w\or~k; the lat~ter class being paid- at thle rate o~f time and
one-hnalf for all time worked in exc~ess of thle basic maxsimuml w-ork-
ing limits.
The Code plrovides for mlinimumn horur~ly rautes of pay~ of 35 cents
in the North, 30 cents in the intermelia~te zone, andl 24 cents in the
South. A provision is made for maintaining existing wage differen-
tials. Cler~ical and office employees are to be paidd not less than $15.00
per week in the _North, nor less than $14l.00O per week elsewhere.
No person under sixteen years of age may~ b~e emlployed, andl no
person und-er eighteen years of age mnay work at haozardouis or un-
healthy occupations.
ECOjNOMIIC EFFECTS OF THE CODE

Thie Research and Planning Division estimates that there were
about 1,013 employees in this Indlustry during 1933, and the Clode
Commiittee estimates that the 193~2 invested capital wa-s $3i,600,000
with a prodneltion volume of about $1,360,000.
Underc~ the existing lowr volumne of production, the cod~al limits on
working time will not be effective in spe~nding~ employmentn to any
import ant degree. However, with anly increase in business, t~he
hourly and weekly limits providedl will r~equiire addlitional employees.
The codal minimclum wag~e prov~isio-ns represents a substantially in-
erease ovecr rates being paidl before August. first, 1933, and an increase
over minimum r~ates in 1929. Froml available information it appears
that codul w~eekly incomes, despite shorter hours worked, w~ill be
(87i8)







37i9


greater! thlnn thle aver~age 1990 weelckly inlrComel ad~justed-~ to presenC'~ t
purchasing powerl.
FINDIGSC

The APsis~tant Depulty Admllin~istratorl in his ~inal repor~it to mie on
said Codle having~ foundrl as hiieirein at for~thi and onl thle bu is of all
thie pr~oceeding~r s ini thiis miatter;
I findl thait:
(u:) Saidl Codle is w-ell designled to prom~notee the~ polic-irs andr p~ur-
po'ses of TIitle I of the Nationlal Indlustrial Recovery~ Ac~t, iic~ludiing
removu\ al oif ch .~tru~c-tionsl to thle fr'eet How\ of inter'state andi foreign
coiinunerce whichl ternd to dimlinish thle amllount there'tof and w~ill pr1o-
vidle fori the general w~elfar~e by pr~omoting the orga~nizatioin of indlus-
try$ for ther p~urpose of c~oo~er~ati ve action among11 thle trade groups, by
indiucingr andl maiintainingr uniited action of labor and mauna~gement
under adlequate gover1nmntal~~ sanctiolns andl super;;rviin bv elimna~t-
ing unlfair' competitive practices, by promioting the fullest possible
utilization of thle presen~ttl pr'ouct~ive capacity' of indlustries, by avoid-
ing undue r~est~riction of production (exc.ept. as miay be tempt~orarily
requliredl). by increasing thle consumpltion of industrial and agricul-
tur~al pro'duc'tS through~l inlCrleasing~ purIIchasing p~ower', by redncing
and reclieving unemnploymIlentf. by' improv10'i ng stanl~ 1dard of labor,? anid
by otherwise rehlabilitatingi inrustr~y.
(b) Said Indlustry! I1meinally emlplOy'S not m~or'e than1 50.000j~ eml-
ployees; andt is not classilied~ by) use as a major indcustry.!
(c) The Code as approved comp~lies in all r~espects w~ith thie perti-
nent pr~ovisions of saidl Title of saidl Act, includlingr without limiita-
tion Subsection (a) of Section 3, Sub~sectionl (a) ef Sectionll 7i, andi
Subsection (b) of Seictionl 10 thereof; and thant thie appllicant Avoucia--
tion is an indlustrial association truly r~epresei~~ntaiv-e of thei aforesaid
Industry; and that said associntionl imuposes no iniequiitable r~estric:-
tions onl admission to memberships? ther~ein.
(dl) The: Code is not dlesignredl to anld wTill n1ot ~ellrmit mlonopol)lies
or moicnopolistic practices.
(e) The Code is not. dlesignied to and will not. elimiiinate orI oppre~lss
small enterprises and will not operate to dliscr'iminatte against the~m.
(f:) Those engaged in other step~s of thle economiic p-1ccrocss hanve not
been deprivedl of the right. to be heard priior to alpprovaHl of said C'ode.
For these reasons, therefore, I have app~irovedl this Codrte.
Respectfully,
HUGCH 8i. ofOHNSsON.
Admillnistlrator.
M~ARCH 23, 1934.












COD)E O]F F"AIR COMPETITION FEiOR THE FULLER'S
EA-?RTHI PRODU1~CING AND EMARKIETINGr INDUSTRY

ARTICLE I DURPOSIES

To effectuates the policies of Title I of the Nat~ional Industrial Re-
coveryr Act, the following provisions are established as a Code of
Fair Competition for the Fuller's Ealrth Producing and Mark~leting
Industryy' and shall. be the standard of fair competition for such
industry anrd shall be binding upon, every member thlereof.
ARTICLE II -DEFINIITIO.NS

1. The term Fiuller's Earth "' means a na~turlll clavlike mineral
sublstanc~e used primnarily in granular form for~l declolorizingu or filter-
inlg oils and fats.
2. The term '"Industry as wed~i herein ilc~ludecs the mining,
and/r mnufctuingand/or selling by those wTho mine and~or
manufacture Fuller'sarhaheendfnd n uhrltd
branches or subdivisions thereof as may from timle to time be included
under the pr1ovisions of this Code by the President after such notice
and hearing as hne may7 prescribe.
3. T'he term "' Member of the Indusry"' inc~ludces any individual,
partnerships,, association, corporation, or other person engagred in t~he
Industry, either as an employer or on his or its own behalf. In the
case o~f members of the industry comprising a complete or integrated
unit in such industry, whether by stock ownership, affiliation or
otherwise, such members shall be construed to mean a single unit or
member and shall be so considered in the admlinistr~ation of this
Code.
4. TIhe term "' Emlployee as used herein includes any and all per-
sons engagtedl in the industry, however compensated, except a
member of the industry.
5. TIhe term "' Employer as used herein includes anyone by whom
anry suxch employee is comnpenrsated or employed.
6. The terms ~"Act and "A1?dministrator as used herein shall
mean, respectively, Title I of the Nationlal Indlustrial Recovery Act
and thre Ad~ministra~tor for Industrial Recovery.
7. The term L"Period of free credit maeans the period of time
between the date of a shipment of a product. to the purchaser and
thre date from and after which such purchaser shanll bereqjuir~ed to
pay thne purchase price of such product.
ARTICLE III--HOURS

1. Except those employees wrho are sp~ecifically provided for else-
wher~e in this Acrticle, no employee shall be permnitted to ~or~k in
excess of forty (40) hours per week averaged over a semni-annual
(aso)






381


period, either from January first, to June thir~tiethi or fr~omi July first
to December thirty-first, and thle maxsimnuml hours of work for any
employee during any one week shall not exceed forty-eighlt (48S)
hours. Except those employees specifically provided for elsewhere
in this Article, no employee shall be permiittedl to wor~k in excecss of
ten (:10) hours in any twrenty-four ('24) hiour period.
2. W'atchmlen shall not be emplloyed mor~e thani fifty-six (56) hou~ss
in any one week.
3. jEngaineers, firemen, electricians and laboratory statT shall not be
per~mitted to work in excess of for~ty-eighlt (48) hours in anyr one
week; provided, however, that this tolerance of working time in
excess of the hours providedr in S'ection 1 of thiis Article sha~ll apply
to not. more than ten per~cenit (109') of the total numb~er of emiploy~ees
in any one plant, or to not. mor~e than four (4) employees in any one
plant, w~hiche\er number is thle gr~eate~r in any case.
41. No person employed in clerical or office work shall be per-
mittedl to work in excess of forty (40) hiour~s in any one week.
5. The provisions of this Article shall not apply to per~sonis em-
ployed in anly executive, managerial or supervisory enpacity, or to
technical assistants, who ear~n not less than $35.00 per week; or to
travelingq salesmen.
6. The maximiumn hours fixed in Section 1 of this Article shall
not apply to any employee on emergency maintenance or emergency
repair work involving break-dowfns or protection of life or property,
but in any such case at. least one and one-half times his normal rate
shall be paid for hours worked in excess of the maximiumi hours
therein provided.
7. No employer shall knowingly permit any employee to w~ork for
anly time which, when totaled with that already performed withi
another emnplo~yer, or employers, exceeds the maximnum permitted
herein.
ARrrICLE IV RIINIMLUMI AGE

1. No employee shall be paid at less than the hourly rante of th~irty-
6ive cents (35e)j with the following exceptions:
(a) In the States of North Carolina, Virginia, K~entucky, Arkan-
sas, Oklahoma, Texas and Louisiana no such employee shall be paid
at less than the hourly rate of 304.
(b) In the States of M~ississippi, Alabama, Florida, Georgia and
South Carolina no such employee shall be paid a~t less than the
hourly rate of 244.,
2. Rates of pay' in excess of the minimum herein prescr~ibedl shall
be increased by a sumi which shall at least maintain the differentials
existing on July fifteenth, 1933; and in no case shall hourly rates
of pay be reduced.
3. No employee in clerical or office work shall be paid less than at
the rate of $15.00 per week, except that in the States specifiedl in
subsections (a) and (b) of Section 1 of this Article such~ employees
shall be paid at the rate. of not less than $14.00 per week.
4. This Article establishes a minimum rate of pay,! regardless of
whether an employee is compensated on a time rate, piece work or
other basis.






382


ARTCLE V- GENERAL LABOR PROVISIONS

1. No persLon under sixteen (16) years of age shall be employed in
thle industry. No person under eighteen (18) years of age shall be
employed at operations or occupai~ons which are hazardous in na-
ture or dangerous to health. Inl~ any State an employer shall be
deemced to have complied withb this provision as to age if he shall
have ol ~file a certificate or permit duly issuedl by the Authlority in
such State empowered to issue employment or age certificates or
permits showing that the employee is of the :required age.
2. It is provided:
(a) That employees shall have thie right to organize and bargain
collectively, through, representatives of their own ch~oosinga, and shall
be free from the interference, restraint, or coercion of emlployers of
labor, or their agents, in the designation of such~ replresentat~ives or
in self-organization or mn other concerted activities for the purpose
of collective bargaining or other mutual aid or prontectio~n.
(b) That no employee and no one seeking emplloymlent. shall be
required as a condition of employment to join any comlpany union
or to reframn from jomning, organizing or assistilgr a labor orgumiza-
tion of his owOin choosing.
(c) Thfat employers shall comply with the ma ximium hours of
labor, minimum rates of pay, and other conditions of emlployment
approved or prescribed by the President.
3. No employer shall reclassify employees o~r duties of occupn-
tions performed, or engaged in any other subhte'fuge~, for thre pur-
pose of defeating the provisions of the Act or of this Code.
4. No provisions in this Code shall supersede any State or Federal
law which imposes more stringent requirements onl employers as to
age of employees, wages, hours of work, or as to safety, hlealthl, san-
itaryJ or general working conditions, or insurance, or fir~e protection,
than are imposed by this Code.
5. No employee shall be required as a condition of emp~loymnent
to trade at a, store owPned or specified by an employer.
6. Employees, other than maintenance, sup~erv\isory men or those
necessary to protect property, shall not be required as a condition
of employment to live mn houses rented from or specified by the
employer.
7. All employers shall post and thereafter maintain complete
copies of this Code inr conspicuous places, easily accessible to
employees.
8. IEvery employer shall make reasonable Iprovisions for the safety
an halh f i employees at the place andl during the hours o
their employment. Standards for safety and health shall be sub-
mitted by the Code Authority to the Administ~rator for approval
within six months after the effective date of this Code.

ARTICLE VI--ORGANIZATION, POWERS, AND DUTIES OF THE CODE

1. There shall forthwiPith be constituted a Code Authority consist-
ing of four (4) members to be chosen by the Indulstry through a fair
inethold of Felection approved by the Administra3tor.








2. In addition to membership as above provided, there miay be not
more than three members, without vote, to be appointed by the
Administrator to serve for a term of from six months to one year
as specified in the order of appointment. Administrative members
shall be notified of, and may sit at all meetings of the Code
Authority.
3. In order that the Code Authority shall at all times be truly
rhepre\seontai of th~e Industry and in other respects comply with
theproisins f te At, ~heAdministrator may~ prescribe such
hearings as he may dleem proper; and thereafter if he shalli find
that the Code Authorityv is not truly representative or does not in
other respects comlply waith the provisions of the Act, may require
an appr'opriate modification in the mnethod of selection of the Code
Auth ori ty.
4. Mlemblers of the industry shall be entitled to participate in and
share thle benefits of the activities of the Code Authority and to
participate in the selection of the membe-,rs thereof by assentingr to
and comnplying with the requirements of this Code and sulstainling
thei r reasonable sha re o f th~e expenses of i ts admInin istrationl. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Aurthority, subject to review by the Administra-
tor, on the basis of volumre of business and/or such other factors as
may be deemed equitable.
5. Nothing contained inl this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authlority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authlority. Nor shall any member of the Code Authorit~y, exer-
cising reasonable diligence in the conduct of his duties h~ereundler,
be liable to anyone for any action or omission to act under this Code,
except for his own willful misfeasance or non-feasance.
6. Th~e Code Authority shall have the following fur-ther powers
and duties:
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions
of the Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information and
reports as are requir~ed for t~he administration of the Code and to
provide for submission by members of such information and reports
as the Administrator may deem necessary for the purposes recited
in Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and/'or government
agencies as the Administrator may designate; provided that nothing
in this Code shall relieve any member of the industry of any exist-
ing obligations to furnish reports to any government agency. No
individual reports shall be disclosed to any other member of the
industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority






3843


of its cluties or responsibilities under this Code and that such trade
;assrcaiationls and agencies shall at all times be subject. to and comply
with the provi ions hereof.
(e) To makre recommndations to the Adlministrator for the co-
ordination o~f the administration of this Code with such other
codes, if any, as mayJ be related to the industry.
(f) To' secure from members of the industry an equitable and~
proportionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(g) TIo cooperate with the Administra~ttor inr regulating the use
of any N.R.A. insignia solely byr those members of the indrustry~ who
have assented to, and are~ complying with, this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern. members of the industry in their relations
with each other or with other industries and to recomnmendl to the
Adlministra~tor mea.suresn for indu~st~rial planning, includl-ing stabili-
zatio~n of employment.
7. The Code Authority may recommend modification of, or amendrlc-
ments to, this Code, which shall become parts of this Code up~on
approval by the Administrator, after such notice and hearing asj he
shall presc~ribe,.
8. If the Administrator shall dteterminle that any action of thle
Code Authority or any agency thereof may be unfa~ir or unjust or
contrary to the public interest, the Administrator may r~equir~e that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action, which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove. after thirty days notice to him of intention to proceeds withl
such noction in its origmal or modified form.
9. In addition to information required to be submnitted~ to the
Code Author~ity, members of the industry_ shall furnish to such
Federal and State agyenies as thne Aldmi~nistltrato may designlate,
such statistical information as the Administrator may deemn necessary
for the p:urploses recited in Section 3 (a) of the ~Act, andl nothing in
thnis Code shall relieve any person of any existingr obligationl to fu~r-
nish reports to Government agencies.
10. An appeal from any action by t~he Co~de Authority affecting
the rights of any employer or employee in the industry may be taken
to the A~dministrator.

AnRician VII -TRADE PHACTIC'E RULES

The following shall constitute unfair competition and a violation
of this Code:
1. For any member to sell or offer to sell any product of the indurs-
try at a price below his owFCn cost of production as determined on the
basis of a cost accounltingf systemn upproved by the Code Authority
and subject to approval by the Administrlator; provided, however,
any mlemlber mary sell at less than hlis cost to meet the price of a
comnpetitor. This paragraph shall nlot apply to any product pro-
ducedl as a byrproduct in the manufacture of standard granular
grades.






385


2. To give secret rebates, refunds, credits, unearned discounts,
whether in the form of money or otherwise, or to extend to any pur-
chasers services or privileges niot extended to all purchasers under
like terms or conditions.
3. No member of the industry shall give, permit to be. given, or
directly offer to give, anything of value for the purpose of influ-
enemng or rewarding th~e action of any employee, agent or representa-
tiv'e of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal or p~arty. This pro-
vision 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.
4. To make or cause or permit to be mande or published any false
or deceptive statement concerning thle grade, quality, quantity, sub-
stance, character, nature, origin, size or preparation of any product
of the indulstry havingr the tendency to mislead or deceive purchasers
or to al~ect injuriously the business of competitors.
5. To sell or offer to sell any grade of product contrasry t~o screen
standards which may be established by the Code Authority subject
to approval of the Admiinistrator.
6. To make an allowance for sifting in excess of two pounds per
bag of a minimum shipping weight of 120 pounds and proportion-
ately less for bags of smaller content.
7~. To allow a rebate for bagls returned different from the price
originally charged or to allow freight on returned boags.
83. To extend a period of free credit in excess of thirty (30) days;
provided that a member of the industry may o~t~er credit terms to
customers buying at interv~als during the month, permitting pay-
menit on or before the fifteenth day of the month subsequent to that
in which shipment is made.
9. Every member of the industry shall insert a provision in all
contracts made by hlim for operating workz in connection with min-
ing and,/or manufacturing Fullers Earth within t~he industry,
whereby the contractor agrees t~hat he or his subcontractor shall be
subject to the labor provisions of this Code.
ARTICLE VII I-PRICE LIsTs

1. Each member of the industry shall within ten (10) days after
the effective date of the Code file with the Code Authorit~y and with
the Administr~ator, if required, a list of its selling prices and dis-
counts, if any are allowed, for its various grades, which shall become
effective on the date of filings thereof. None of the prices or dis-
counts shown in any list filed by any member of the industry, as
hierein provided, shall be chiangedi, except by filing by such member
with the Code Author~ity a new list of his prices and discounts to be
changed, which shall become effective on the effective date therein
specified, which date shall b~e five days after the date on which such
new list shall have been filed; provided, however, that any member
may file with the Code Authority a revised list. to meet lower prices,
or higher discounts, or bothl, of a competitor, which revised list mlay







386


btecomeri effectiv-e onI the samei ctate that the enmpe~tito r'ss revisedl list
hectroines effective. Lists of pr1ices~ andl cli ~counts tiledl with~ the Codle
Al~utoity~il shall be open to inspcl"'tionr by any interles;tedl pers~on.*

AnzICer IX-31UNOPUI~'.IIES

1. N~o pr~iovisin of this Code shall be so, appliedl as to permit
monopolijeS or mnopoli-t~cjjict practices, or to, eliminaiite, opplre~ or
disc-iriml~~inatlb aganst small enterprises.

ARTICLEE XY--AM~ENDM~IENTS~

1. This Code and all the provisions thereof ar~e expres~sly mlad~e
subject to the right of the Pres-ident, in ncolcncrdance ithl thle pr~o-
visions of Section 10 (b) of the National Indusltriall Recovery~ Act,
fromr time to time to e~nlcel or modify an~y orderlc, alpproval, license,
rule, or regulation, issued under Title I of salid Act, andl spec~ifically,
but without limlitationr, to the right of the Presidenlt to calc~el or
modtify his approval of this Code or any c~ondcitions impllosedl by him
upon his approval ther~eof.
2. This Code, ecepclt. as to the provisions r~equir~ed by the Act,
may be mnodifiedl on the basis of experience or changles in circu~m-
stances, such mod-ificutionsl- to be based upon1 applicention to thle Adl-
mini~sten;tor, after such notice and hearing asi he shanll spleclify,? and-
to become effective on approval of the Ad-(min istranor.

ARTICLE XI---EFF:CTIV'E DATE

1. This Code shall become effective seven (7) days following, its
approval by the ]Pres~ident.
Approved Code No. 356i.
Registry~ No. 1013-0.
See paragra~phl 2 of order approving this Code.







UNIVERSITY OF FLORIDA
11 IIIIII I ilIl l 111 111111 I 1111I I I
3 1262 08486 8347