Code of fair competition for the witch hazel industry as approved on February 1, 1934


Material Information

Code of fair competition for the witch hazel industry as approved on February 1, 1934
Physical Description:
1 p. l., p. 75-82. : ; 23 cm.
United States -- National Recovery Administration
U.S. Govt. print. off.
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Publication Date:


Subjects / Keywords:
Witch hazel (Extract)   ( lcsh )
Common witch hazel   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


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Also available in electronic format.
General Note:
At head of title: Approved code no. 251...National Recovery Administration.
General Note:
Registry no. 699-1-08.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942753
oclc - 06494641
lccn - 34026198
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Full Text

g* I
For sale by the Superintendent of Documents, Washington, D.C. Pric~e 5 cents

Approved Code No. 251

Registry No. 899--1-08








Thisa publication is for sale by the Superintendent of D~ocuments, Government
Printinlg O~ffice, W~ashington, D.O., and by district offices of the Bureau of Foreign
and Domestic Commerce.

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Approved Code No. 251



As Approved on February 1, 1934



An application havinga been duly made pursuanlt to and in full
compliance with the provisions of Title I: of the National I~ndustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Compe~tition for the Witch Hazel Industry, and hearings having
been duly held thereon and the annexed report on said Code, con-
taining findings with respect thereto, having been madie and directed
to the President:
NOW TH~~`EREIFOIRE, on behalf of the ]President of the United
States, i, Hugh S. Joh~nson, Administrator for Industrial Recovery,
puruan toautorty estd i mebyExecutive Orders of the Presi-
dent, including 1Executive Order N.64-,dtdDcme 0
1933, and otherwise; do hereby incorporate by~ reference said annexred
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 IFair
Competition be, and it is hereby, approved.
HIUGII S. Jon Sso)N,
Administrator for Industrial Recovery.
Approval recommended :
Division cni A in istf~rato r.
February 1, 1934.

37i486 *---313--17-34



The White House.


SIR: This is the report of the Administ rator on the application for,
and public hearing on, a Code of F'air Competition for the Wiiitch
Hazel Inldustry, as pr~oposedl by thle Witch IHazel Manlufactu r~ers Asso-
ciation. The public hlearing was condurlc~ted illVn Wshington on N~o-
vember 20, 1933. Every person wPho reqjuested an appearance was
freely heard in anccordanre with statutory and rcgullatoryy r~equir~e-
There! are eight .known firms in this Indu~str~y, all of which ar~e
mlemnbers of the Asso~ciation. In other wnords~, the .Association re~p-
resents 100%1 of the Industry in volumet and in number of firms.


The volume of sales for the last five years has not experienced
anly mnaterial fluctuation, having ranged between $6~00,000O andr
$700,000 a year. The number of empllloyees in the Inldustrly has also
remained at practically~ the same figure of 500. WThereasi the number
of employees has rminell~lltd approx'ima;tely ther ;lame for the last five
years and the Code contains pr~ovision~s which substantially shor~ten
the averag e wor~k week, there should be a great increase in emlploy-
mnent. Th~e r~epres'entativese of the Inldury' claim that the emlploy-
mlent figures will be inlcretased by 40% when the Code go0es into effect.
Cou'ledl with inlCreasedr emlploymllent within1 the Ind~ustry, there will
also be an incrleased purlc~hasing power for thle ind-iv-idual employee
under the Code.
The ne~tua~l manufacture of wFIitch hazel is conlfined to the w-inter
m~oniths beenusle only then is the witch ha~zel plant in the right coni-
dition for maI~nulfacturlring. The enfor~ced~ forl cnc~c~ntrated~c
production is a pr~obleml w~ithl which. the: Codie has hadt to delcR.

This Celic estnhtlishecs a 40-hour11 week with 8 hours add~itioinal
during the limited senson of dlistillationpoie uc tltoa
time shall be pid;it for at time anllI onle tird. Th'le mlinimumlll rate
of pay has beenl st at 39~I per hourl fo~r all empllloyeecr xcept ofic'e
workers~I who are p~la~'cced on a mlinlimuml of Fourteen~'~l ($14.00)) Dol-
180\ltl~ aP Oh hre 878 OX00pilanis to, fie Illnxill)1Hil hour p~rovei
SicnDS for spee ied OCiiipilns buit the only8 unusualll exCept~ionl iS a
still loan who is limited to 30 hlour "' per wee xces~pt dulring~ the sea-
sonl of dlistillation. w\hen he shall be pcirmiitted' toc wci~rk a Imaximlumm

of 72 hours per week. The still men are highly trained and skilled
employees who hold the secret of the business; in fact, there
are only twenty still m~en in, the Industry.


The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on thre basis of all t~he pro-
ceedings in, this matter;
I find that-
(a)' SaidjC1 Code is well1 designed~ to promote the policies and pur-
poses of TCitle I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization. of
industry for the purpose of cooperative netio~n amnongf the trade
groups, byT inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity
of indusltries, by avo-idlingr undue restriction of production. (except
as may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, byT reducing and relieving unemployment, by Improvmng
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with thle perti-
nenlt provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly ~representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate~ against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, the Code! has been approved.
FEBRUARY j1, 1934.



To effectuate th~e policies of Title I of thle N'ational Indlustrial
Recov,\ery Act, the following provisions are established as a, Code of
Fair Completition for the Witch Haze~l Indulstr~y and shall bte the
standard of fair competition for such Industry andr shall be binding
upon every member thereof.

The term. Witch H3azel Indulstry (her~eina fter called the In-
dustry "), as used herein inlcho~les the manufacture and p~rimnary d~is-
tribution of distilled extract of Wtitch HazelI pr~epare~d or mnade from
the Hamam~elis Virg~iniann plant and such branches or cubdlivisions
thereof as may from time to time be included ulnder the provisions
of this O(,te.
The term primary_ distribution as used herein means the sale
by a mlemberl of the Inl'ldustry of thie manllufactur'ed product of the
Witch Hazel Industry.
The termn em~plo-yee "' as used her~ein includes anyone engagled in
the Indu try in any capacity recceiving compe~,n cation for his serv-
ices, irrespectivetir of the na~tur~e or method of paym3'"elt of such com~-
The term "' employer'~' "' as ulsedr herein includes~ anyone by w-homl any~
sulch employee is compensatedr or emnployed~.
T~he term "s~tilhnlanlf s used hereinr ilc~ludes anyone engagedl
exclusively in the oper~ation of a still.
The termI1 season of distilla~tion) means the period whn-ii active
dlistillatiojn of Witch Hazel is practien:ble, w~hichi shall niot exceed
20 week~l s in 12 mlolthls from. Oc~tober first of any 'enlr.
Thle term' "membller of the IndulstryS ) inc.ltlues anyone engaped inl
thea Industry as above decfined, either as an employer or onl his own.
Thle terms "L Plreidenlt "'I "Act "", and~ "A~lainistratorII ?", as usedl
hlereinl shaill mean, respe~ctivel~y, the! Prcodulentl of the~ Un~itedl States,
thes National Industrial Recovery Aict, andc the Admiinistratoo r of
saidl Ac~t..


1. No employee, except outside salesmen and those specified in
Sections 2, 8, 4, and 5 of this Article, shall: be permitted to worki in
excess of 40 hours in any onle wceek or 8 hours in any t wenty)-four-
hour period, exceept that during the season of distillation a to~lerlanlce
of 20%Ti will be allowiped; provided, that each employee be paid at
least one and one third times his establishe d rate for all hours wor~lkedl
in excess of 40 in any onie week.
2. No office emlploy'ee and no employee engagedl in a mnllageriall
capacity receivin less than $35.00 per week shall be permittedl to
work in excess o 44 hours per week as averaged ov'er an. 8-week
period, and in nro case shall such employee be ]pelrmittedl to w~ork in
excess of 48 hours in any one week. Employees receiv'ing $35.00
or more per week in an executive or manageril2 capacity are not
subject to any hnourly limitations.
3. No stillman shall be permliitted to work in excess of 30 hours per
week except during the sensonl of distillation, w~henl he shall be per-
mitted to work a mnaximnum of 12 hours per week: to permit adjust-
ment in the hours of work: to the rqieet ftecniuu
technical process in which he is engag~"4~ied.t ftec ntinur
4. No watchman shall work or be permitted to w~ork in exc.ess of
56 hours in a~ny onne weekr as. aPraged over a two-week period.
5. No employee engaged in the collection of the Witch H~azel
plant shall work or be permitted to work in excess of 54 hours in
any one week.
6. The maximum hours fixed in thne forIegoing ecinolvn sheallno
a~pply to any employee engaged in emergency workivligbek
downs or protection. of life or property, but in any such special case
employees shall be p-a id at the rate of not less than one and one-third
times the establibshedl rate for eatch~ hour wior~ked in excess of 8 hours
in anty onte day.
7. No employee shall be permitted to work in excess of six days
in any consecutive seven day period.
8. No e~mployer shall know-ingly engage any employee for any
time wvhic~h wFchen totaled with that already performed with another
employer, or emp~loyers,~ exceeds the maximum, permitted herein.
1. No offce employee shall1 be paid at less than the rate of $14.00
per week.
No other employee shall be paid at less than the rate of 354C per
2. This Article establishels a minimilumn rate of pay, regardless of
whether an employee is com~pensa~zted' on a timle-rate, piecework, or
other basis.
3. To the extent practicable, adjustments shall be made in rates
of pay above the mjilnmum prescribed herein in order to preserve
equitable differentials existing between the var1ious~ occupations in
the Industry, which shall be reported to the Code Authority on the
effectiv-e date of this Code.
4. Female emp~loyees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.


1. No person under 16 years of age shall be employed in the 1In-
dustry, nor anyone under 18 years of age at operations or occupa-
tions hazardous in nature or detrimental: to health. Thet Code Au-
thority shall submit to the Aidministrator before January 1, 1934,
a list of such occupations. In any State, an employer shall be deemed
to have complied with this provision if he shall have on file a cer-
tificate or permit duly issued by the authority in such State em-
powered to issue emplloymentn or age certificates or permits, showing
that the employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor or their agents in the designation of such representatives or in
self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
3. No em Ploy~ee and no one seeking employment shall be required
as a condition of employment to join any company umion or to
reframn from jonlmng, orgamnzmng, or assistmng a labor organization
of his own1 choosing.
4. Employers shall comply with the ma ximum hours of labor,
m~inimrum rates of pay, and other conditions of emp~loy-men t approved
or p~retscribed~ by the President.
5. Within each State this Code shall not supersede any la w of
ucllh State imposing~c more stringent requirements on employer regu-
lating the age of employees, wages, hours of work, or health, fir~e,
or general working conditions than under this Code.
6. Emplloyers~ shall not reclassify employees or duties or occulpa-
tions performed by employees so as to defeat the purposes of thle Act.
7. Each employer shall post in conspicuous places full copies of
this Code.

To further effectuate the policies of the Act, a Code. Authority is
hereby constitulted to admlinister this Code.
1. Organization and constitution of Code Authlority.
(a) T~heF Code Atuthiority shall consist of three indlividuals, whlo
shall be truly reprel~senntatie of the Indulstryr, or such other number
as ma1y be alpprovedct from time to time by thie Admlinistrator,, to be
selecctedc as hcreilnafter set forth, and of such, add~itionnl members,
without voc.te, as the Admlinistrator,, in his discretion, may appoint
to reprcse~nt such grou~ps or Govecrmuelntal agencies as hre ma~y
(b) Every mlcllembe of the Induistry wvho qualifies as prov-ided~ in
section 5 of thlis Article shall be entitled to one vote in thelr nonunal-
tion aind election of membllers of the Cod~e Aulthlority. Thle p~ropo-
nents of the Code shall arrangn~e for suCh1(1 1nomination and~ election
within fou~~tlrtee dlays of th~e effecrtive darte. In the interim, thle Codeo
COnunittee~'( of th~ Witchl H-azel Manllufacturerels Associatlion shalll
serve in the enpnelcity of thle Code Authocrity.
(c) EachI trade~ or illus~trial as.sociatfion dirPctly or' indlirectly par-
tiiptig in thec selection or ne~tivities of thle Code Authority shlall

(1) impose no inequitable restrictions on memlbership,? and (2) sub-
Init to the Adlminlistrator true copies of its Articles of Association,
bylawfs, regulations and any amendments when made thereto, to-
gether with such other infor~mation as to memnbership, organization,
and activities as t-he Admninistr~ator may deemi necessary to, effectu-
ate the purposes of the Acet.
(d) In. order that the Code Au~thor~ity shall at all tinies be truly
re~p resentative of. the IndustryT and in other re pctcts complylll hernowit~h the
provisions of the Act, the Adm'Ilinistrato nr may provide ruch erig
as he mnay deeml proper; anld thereafter if he shall find thalt the Codie
Authority is not trulyT representative, or does nrot inl rlther respects
comply w~ithl the pron-sions of the Act, mlay require an a~ppropriiate-
m~odification in the method of selection of the Code Authority, or any
sub-c~ode Authority.
2. The Code Aulthority shall have the following~ duties and powers
to the extent permitted by the Act.
(a) T~o present froml time to time to the Adm~inistratr recom
mendantions based on conditions in this Industrya as they mlay develop
which will tend to effec~tate the policy of the Ac~t and the oper~ationl
of this Code.
(b) To obtainl fl~rom mllllembs of the Industry for use of the Code
Authlority for the Administrator in the admninistratio nll and enlforlce-
mnent of the Code, and for thle information of the Pires~idenrt, r~epor~ts
based on periods of one, two, or four w~eeks, orr multiples therIeof, as
soon as the necessary rendjustmcnt, withiin the Industry can be madelt,
anid to give alssistance to mlembers of thle Industry in improving meth-
ods or in prescribing a uniformI1 system~ of accounlting arnd rreporting.rr
All individual reports shall be kept confidtential1 as to mlemb'ters~ of the
Industry and only general sullmmries thereof may be published.
(c) TJlo cooperate with the Admninistr~ator in regu~latinlg the use! of
the N(.R.At. Code In~signria solely by those employers who havPe assetedlcl
to and are complying with this Code.
i(d) If it shall be represented~ to the Adlministr~ator by any inlter-
ested party, or he shall determine upon his ow~n motion, that any
action of the Code .Autho~ity, or of any subdivision Code Authorityr,
is unfair to any private interest or contrary to th~e public interest,
the Administrator may require that such action be bluspended~ for a
period of not to exceed thirty (30) days to afford an, opportunity for
Investigation of the merits of such complaint and furtherr conlsidlera~-
tionl by the Code Authority pendlingr final action, to be taken only
upon approval by the .Admnsl~r~toratr
(e) The Code A)uthority may appoint and remuove and fix thie
compensation of such empiloyees, attorneys, accountants, andl officers
as it shall deem, necessary or pr~operl for thje purpose of administering
the Code.
(f) Th~ze Code Authority shall c~oordlinate thie admllinistration of
this Code wit-h such Codes, if any, as may affect any division or sub-
division of this or a kindred Industry, with a niew to promo~tinlg
joint action upon matters of commron interest.
8. In addition to the information required to be! submitted to the.
Code Authority, there shall be furnished to Government agencies
such statistical information as the Administrator may! d~eem neces-
sary for the purposes recited in Section 3 (a) of the ~Act.

4. Nothing contained in this Code shall constitute the members of
the Code Authority p~artners for any purpose. Nor shall any mem-
bers of the Code Authority be liable inl a ny anner to anyone for
any act of anly other member, officer, agent, or employee of the Code
Authority erc~llising) reasonable diligence in the condluct of his duties
hereunernl nor be liable to anyone for any action or omission to act
under the Code, except for his owFn willful misfeasance or non-
5. MSlemnbers of the Inldustry shall be enltit~led to participate in and
share thle benefiets of the activities of the Code Authority, to partici-
pate in the selection of the memb~lers thereof, and to use the Ni.R.A.
Code Insignia, by assenting to and complying with. the requirements
of this Code and sustaining their reasonable share of the exrpenses
of its admlrinistrattion. The reasonable share of the expenses of
administration shall be determined by the Code Authority, subject
to approval by the Administrator.

1. This Code and all the provisions thereof are expressly .madte
subject to the! right of the President, in accordance w~ith the provi-
sions of subsectionl (b) olf Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify anyV order,
approval, license, rule, or regulation issued under Titlte I of said Actf.
2. This Code, except as to provisions required by the Act, mnay be
modified on. the basis of exrperience or changes in circumstances, such
modification to be based upon application by the Code Authority
to the Administrator and subject to such notice and hearing as he
shall specify, and to become effective on approval of the ]Presidlent.


~No provision of this Code shall be so applied as to permit, monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.

TIhis Codle shall become effective onl the tenth day after its approval
by the Presidlent.

This Code shall termninate on J~une 16, 1935, or on such earlier date
as the National Indul~st~rial Recovery Act shall cease to be effective.
Approved Code No. 251.
Re'gistry' No. 699-1-48.

111111 Il ll 1 llllIIUI I IIII II Ill
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