NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CHARCOAL AND PACKAGE
FUEL DISTRIBUTING TRADE
(A Division of the Wholesaling or Distributing Trade)
For sale by the Su~perintendent of Documents, W'ashington, D.C. - Price 5 cents
Approved Code No. 201--Supplement No. 19
Registry No. 714--01
AS APPROVED ON AUGUST 7, 1934
WE Do .OUR PART
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, WTashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THLE DEPARTMENT OF COMMEBEC
Atlanta, Ga.* 504 Post Office B3uilding.
Birmingham, Ala.: 257 Federal Building.
Roston, Mass.: 1801 Customhouse.
Buff~alo, N.Y.: Chamber of Commerce Building.
Charleston, S-.C.: Chamlber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commuerce.
Dallas, Tex.: Cham'ber of Commerce Building.
D~etroit, Mrich.: 801 First National Bank; Building.
H-ouston, Tex.: Chamber of Comnmerce Building.
Indianapolis, Ind.: Chamber of Commaerce Building.
Jacksonville, F'la.: Chamb~er of Commrce Building.
Kansas City, Mo.: 1028 Baltiore A~venue.
Los Angeles, Callif.: 1163 South Broadwayn.
Ltouisville, K~y.: 408 Federal Beuilding.
Memphis, Tenn. : 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Or~leans, Lta.: Room 22-A Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolki, Va.: 406 East Plume Street.
Philadlelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chlamber of Commerce Building.
Portland, Oreg.: 215 N~ew Post Office Bulildling.
St. L~ouis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wa~sh.: 809 Federal Oflice B~uildinrg.
Approved Code No. 201--Supplenenten No. 19
SU~PPLEM[ENYTARY CODE OF FAIR COMPETITION
CHARCOAL AND ]PAQKCKAGE: FUIEL DbISTC~RtIBUTING
As Approved on August 7, 1934
APrrovrNo SUPPLEMDZENTAlRY CODE OF FAIR COM3PETITION FOR THE
CHlARCOAL ANUD PrACLG~(E E\UEL DIsTRuIncrNo TRADE
A DIVISION OF THE WHI3OLESAING OR DISTRIBUGTING; TRADE
An application having been duly madnce pursuant to and in full
compliance with the provisions of Title I of the Na~tional Industrial
Recovery Act, approved June 16;, 1933, for the approval of a Supple-
mental Code of Fair Competition for the Churlcoal and Package
Fuel D~istributing Trade to the Code of Fair Competition for the
Wholesaling or Distribuzting Trade, and hearings having been duly
held thereon anld the annexed report on said Code, containing find
ings with respect thereto, having been made and directed to the
NOWV, TCHEREF`ORE], on behalf of thne Presilenlt of the UI-nited
States, I, H3ugh S. Johnson, Admninistraztor for Industrial Recovery,
pursuant to Authority vested in me by Exrecutive Orders of the
President, including Executivye Order No. 6i543-Ai~, dated December
30, 1933; and otherwise, do hereby incorporate by reference said
annexed report and do find that said Supplemental Code complies
in all respects with the pertinent provisions and will promote the
polcy nd purposes of said Title of said Act; a~nd do hereby order
thait said Spplemental Code of Fair Competition be and it is
HUSGH S. JOH-NSON,
AdmTiiiinistratfor for Indurstrial Recovery.
Approvta~l recommended :
ROBERT L. HousTToN,
Divrjision AdmJI]i'isP Itrator.
Au~gust 7, 1934.
789980 0--0 3 1
REPORT T`O THE PRESIDENT
The WCThite Hiouse.
SmR: This is a report of the Hearing on the Supplemnental Code
of Fair Comlpetition for the Cha~c~onil and Piack~age Fuel Distr~ibut-
ing Trade, conducted in Room 127, Willart H~ot~el, at 10 ae.m., May
14 93.The Supplementa't~l Codle, which is attached,7 was p~resentedl
by a duly qIualified and authorized representative of the Trade, com-
plying with the? stat-utolry re~qu~irements.
According to statist'es furnis;hedt byT m~embersl! of the Cha~rcoal and
Packasge Fuel Distribluting Tradel~, it is ed~~illnatedl that thlerec are
approx~imately 400 concerns; the ag~grega~;te invested~ enpital is ap-
pr'oximately $10,000,000 with aggregatr~e annual~l sales of $40,,000~,000r.
The Trade employs 10,000 persons11.
IlciOUHs AIND WAGES
The Supp'lemiental labor prov,\isions establish a maxiiiimu thir-ty-
twso (32) hour work week$ between May 1 andc October 1; a maxgi-
mumn forty (410) hour work week bectween Octobier 1 andi May 1,
and a wage of forty-five (45p1) cents per hour.
OTHCI-ER PHOUS,\?IONLS OFi THEl' itoomI
Thec provisions con)ltainingl~ SUPp~~IIClemtal definitions are considered
inclusive atnd accuralte.
The; supplement to the ALdminlistrative prov,\isions of the Ge~neral
Code :atabllishles a Dlivisionall Code~I Autlhor'it which is fairly andi
adequa":tely repjr1 enlt~ tatie of all. th~e li'fferetnt. elemenrts in thr 'Trade.
The Tradle P'r;eti(.e supleme~~ln tal prov,'iisions are no;t considered
in any way obj'ctfionabl e1].
The Depu~ty Adm~inistratllor r in is final report to me1 on mLid SFup-
pf(lemellntl Codel1 having found. as hecrein set forlthl and3 on11 thne basis
of all the procee~~ding., inl this mulltterl;
I find that
(a) Saidl Suprplenwntl~lal Code is well des~igned~c to p~rromote thec pocli-
Icies :Iral purposes of Title I. of Thle Na~tional:l Tudulstr~ial ^Rcovclry
Aict, inlClijing r'emova\.l Of ch-~t!ructionsi to tche frree flow of interstatet
and1I fore~ignl Cconservel''i which tendi~ to d~iminish the amollunlt thereof,
andi will prIovide O' o lr' the generaI we~lfare by pmlatcll~ine thel o,.rgnr-
izatio~n of indutry.t ~ for th~e pulrpose of coopera'';t iv na' ction~ ;111ong: t rade~
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanction and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible use of the present productive capacity of indlustries, byP
avoiding undue. rest~rict~ionl of production (except as may be tiem-
porarily requirede, by increasing the consumption of industrial and
agricultural products through increasing purchasing power, bdy re-
ducing and relieving unemployment, by- improving standards of
labor, anld ;by otherwise rehabilitating industry.
(~jb) Said Tradle normally employs not more than 50,000 employees
ndit is not classified2 by mne as a major industry.
S(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without lim it action Subsection (a) of Section 3, Subsection (a) of
Sect ion ? and Sutbsection (b) of Section 110 thereof ; anld that the~
applicant: association is a trade association truly representative of
the aforesaid Trade; and that said association imposes no inequitable!
restrictions on admission to membership therein.
(d) The Supplemenltal Code is not designed to and will. not per-
mit monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elimi-
nate, or opDpress; smaltl enterprises and will not operate to discrimi-
nate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to th~e approval of this
For these reasons! this Supplemental Code has been approved.
HU~GH S. JoHNson,
AUGUrST~ 7, 1934.
.SUPPLEMiENTAtRY CODE OF~ FAI7R COMPETITION FOR
THE3E CHAROOAhL ALND PACK~iAGE FU~EL DI~STRIBUTING
A DIVISION OF` THE WHOLESALES OR. DISTRIBUTTING TRA~DE
To effectuate the policies of Title I of the. National Industrial
Recovery Act, this Sruppleme~nta'l Code is established as a Clode of
Fair Ocmnpetition for the Charc~oal and Package Fuel Distributing
TCrade~, pursuant to Article VI, Section 1. (c), of the Code of Fair
Competition for the Wholesaling; or Distributing T3Lrade, approved
byr tne. President of the Un~ilted St~ates on~ Ja~nuary 1E, 1934. The
provisions of that General Codle, wrhichn are not in conflict with thle
provisions of this S;luppllemle~ntal Cod~e, are hereby incorporated by
reference in this Supp.lemlental Code and mafde part hlereof. Such
>mroisions of ~the General Code*, togepther w~ith the pr.ovisionS of this
Supplemental Code, are the standaPrds of fair competition for and
are binding upon every member of the Charcoal and P~ackage Fuel
~Annor II -DEFIN;ITIONS
SUPPLEMENTING: ART1ICLE, II OF" THE GENERL CO
1. The term "L who~lesaler or "' dist~riburtorl1 ", as used herein, shall
be derfined as any person, firm~, corporations, assoc~iation, or other form
of enterprises, or d~efinitel~y organizedl division thlereof, definitely or-
ganizedl to render~t a dlistr~ibution service in package fuel, which buy-s
and maintains at his or its place of busliness.i a sitckc1 of fuel and which -
maintains a yard and office or other cstablishedJ place of business with
facilities for unloading, storagn~e, delivery!, sales and service; andr
which through salesmen, advertising, and/or sales projmotio.n devices
sells to re~tail ers and/or to inst~itutionl,~l calnnonciaci~l and/or indlustr~ial
2. The te~lrm Trad~e "', as used herein, shanll mean~ thle business in
which a wvholesallerr or distribu~rtor, as above defi~nel, is enzaed.~c7
3. Thie termi fuel ", as n-od~ hellcrein shall be inltcerplretdc- to mieani
siolidi fuel such1 as chul;roal, hanrtlem;l. coke, wood, br1icluets. and. alli
other fuel not sold by liquid or melltcered~ measlurel,, andl rold in coni-
tainers. not exsceed~ing~ thiirtyi (30) pounds inl weight. xce~pting'
c~h arcoa l.
4. The terml i' estomler ", as used~ he~~clrei, shall Iowa:n a retailer se~ll-
ing fuel to the consumer,1c1' and, in athllition,l insfjtitutIonal ConuneIIrCial
alnd/or inrlustriall 11sers-.
5. The term packago ", as used~ here~in, mlcanls any c~ntariner in
which solid full Is .sclf and the culntc ants of which does no-t exceedl
thirty (30) poundsll in wecigrht xceptClring~ charcoal on1 which the sheo
anl weighr~t shl~nl be unllimlited.
6. The term "L Divisional Code Authori~t~y as used herein, is de-
fined to mean the Divisional Code Authority for the C~harcoal and
1Package Fuel Djstributing Trade, a division of th~e Wholesaling or
7. The term "' General Code ", as used hnerein, is defined to mean
the Code of Fair Competition for the Wholesaling or Distributing
Trade, as approved by the President on. January 12, 1934r.
ARTICLE III -HrOURS
SUPPLEMENTrING ARTICLEI III OF THEB GENERAL CODIE
1. Between May 1 and October 1, no employee shall be permitted
to work~ more than thirty-two (32) hours in ainy one week nor more
than. eight (8) hours in any twenlty-four (24) hour period, nor mnore
than ~five (5) days in any one week. Between October 1 and MIay 1,
no employee shall be permitted to work more than forty (40) hours
in any one week nor more than eight (8) hours in any twenty-four
hour period, nor more than. sixr (6) days in any one week.
Exceptione.--(a) An employee may be permitted to work in excess
of the maximum hours fixed in Section 1 of this Article provided
he is paid at the rate of at least time and one-half his normal rate of
pay for all hours workedi in excess of such maximumn, and provided
further, that such overtime shall not exceed eight (8) hours in any
one week, except as provided in paragraph (b) of this Section.
(b) In case of an emergency involving breakdown or protection
of Jife or property such employees as are necessary may be per-
mitted to workr unlimited overtime, provided further, that each such
employee shall be paid at the rate of at least timrre and onle-half his
normal rate of pay for all hours worked in excess of the mnaximumn
provided In Section 1 of this ALrticle. A report giving full details
of each such emergency shall be sent to the Divisional Code Authority
within thirty (30) days after such emergency overtime workr shall
2. The hours worked by each employee each day shall be con-
secutive with the exception of not more than one hour for lunch.
3. No employer shall know-ingrly permit any employee to work
for any time which, when totaled with that already performed within
another employer, or employers, in this Tdrade exceeds the maximum
4. AnyT person other than an employee, such as an owner, stockr-
holder, partner or an executive, who performs the work of an em-
ployee, shall be bound to observe the maximum hours pertaining to
the class of employees whose work he is performing, except when
performing work of an executive nature. Eplployees compensated
on a. piece work or commission or any other basis shall not be em-
ployed in excess of the maximum hours.
ARTICLE: IV- AGBES
SUPPL;EMENTING A\RTICLEi IV OF THE GENERAL CODE
1. No employSee shall be paid less than at the rate of forty-five
cents (45$) per hour.
9. Wiages~ paid- ofn. a p~ice gate, c~omm~~siss or ot~heri basis shall
equa~l an hourly rater notl less thlan that specified .iin Section 1 as
thle nlill~ununun rati per hocur'.
3. No emp~loye~e whose normal full-time week~lly hou rs s of De-
ceembe~tr 1, 11933. are rclcedcd by less than tw~enty~ per cent -(90%~) shall
have his f~ull-time weekc~lly earnings as of D~ecem~nber 1, 1!,33 r~educed.
No employee whosej normal full-tim~c wekclly hours as of D~ecember 1,
1933 are redlu~ced twenty per cent (2@,)L) or more shall hanve his
full-timne week~lly ear~nings as of D~cemr~ber 1, 10i33 reduced by more
than ten per cent (10%o). Wages aIbovec the miinimum shall be in-
creasedl by an eq~;uitabbl ad'ju~tmelnt, o-f all jpa Fch~edules~ in (,n-der~ to
maintain the dlifferentials rxistinga as of December 1, 1933. Wiithlin
sixtyr (60) day~s aftclr the effective
tor. Ona D~renlembe 1, 1934 a ~supplementaln report of all wa~e~ ad-just.-
mlents shall2 be mladec to th~e Administrator.1
4. Femar~le emp~l~loyees. 5 per~forlmingr ~substalntially ther s:ul~ne wrk as
male~ emnployees 1hall recciivc the !sa~m e ratte of p~ay' as wh) male em-
5. Wages~ shall be pa~id weekly or emi-monthlyl 3 inI- lawful monrey
or ~byT negot lablel cheekl.
6. Wages shll~ be exempil3t fromr files, cha~rges, r~ebaites, ded~uctionss
or any others form of w~ithholcildn wage.-tt, exepr>t for contributions
volulntaril ly made by the~r emiplolyee or requnirced by Inw.
Al!ICL VENERAL FlbOfR PROV\ISIONSS
SUPPE~'LEMEN~.TING ARTCLE VC OF THEG GENERAL CO
1. 7No p~er3onl underl sixteen (16) y)ear~s of age, shaull b~e employed in
No person under e~ightceen (18) yetars of ageC shall bfe empj~loyetd at
ope''r t ion ~~or occ'upatlfions hazai~rdtous in nature or dangferoulls to h~ea~Ehh;
the Division~al Cod~e Authority shall submit to thie Admllinistratoro
within thirty (30) dalys oIfttr thle edc.'tive date of! this Supplementlcnl
Code a list of all such~ h~azardou~s occupationss and1 1'r oper'at~ionls. In1
anh~y Sta~te an errlrpheyere~ shall be dtttleeme to h-ave complllliedl with this
p'rov\ision a s to> ageI if he ~sh-all have6 on1 file a cer tlifiete or perm'lit duly
tr.ued byJ the A~uthorityT in sulc~h State1:s clmpowered!r~ to issue~ emlploy'-
me~nt, or agerc ccertifien:tl~s or pe~rmits .ihowinilg that thec empllloyee~ is lof
co~llctively thllcuroug repwan~.r li~ta-tiveS of their oIwn choos~,ing, anld shatll
twd~ fl're fr'Om thre inter~lfencI elc!, res~tratint, o'r 4.-nec~ion~ of emlorer,?c ls ofi
I nllurl or fltheir agedl in, the des-.ignartionl of surl 1'~ch representative o in
i~f-orgaulIntization or in o~tther <'ancelr'fted ol :I'it.ic'.~',I for te Inu-poseil of
collecilc b~arga;iningLL or otheCr mutuafl;L nilI or p~rtclcCtionl.
(b) No emloyee",cc and no, oneie k~I;i ng emp~lo\' ment I shall h~e requiredI1
sa qnlitio of eploymnt t join a~ny compnl,:Iy noortrfrn
froill jo~il~llny, ol'g~xilzill(yr cOF ;:2i0 Ui lli 8 a 1),r \II':ll%:t iall Of 11s O,\il
(C:) I':liIp)C' o TS 1HI ('(lly) Y WA 1 1tlie 11105111111111ll lol(,1 S~ Of 11OP,
or I''''il-ecribed y thle P~residenrt.
3. No employer sha~ll reclassify emplloyvees or duties of' oc-cuplatio~ns
per~formedr, or dlischarge emp~loyees to re-employ\ themJ at lowoer rates,
otr englage in any other subterfugej so as rto defeat the p~urposes or
provisions of the Act or of this Supplementant l rCode.
4. No provision in this Suplementa~nt l Cod~e shall lll suersedle any
State or Fedrall Inw which im-poses on1 empi!loyers molre stringfe~nt
requirements, than are impuwdl~r by thist upple~~lmental Code, azs to
age o'f emp-loy!ees, wrnges, hours of w~roki, or as to salfety, h-ealth, sani-
tary, general w\orkingS co~nd~ition,il insurance or fire pr~otlc~tion..
5i. No emnployee~ shall be dismissed wci-thout tw~o (2) wmeek~s notice.
6. EveryS emlployver sh~all provide for thle safety and health of
emnployees during :the hours~t ~and at the places of thecir employment.
Standanrds for safety and ~htealth shall be submnittedl by the D~ivisional
Clode Auth1-ority to thle Adminis;tr ator1 w~it~hin three monthslir after the
effective date rif the :Su~pplemiental Code.
7. AJ ~person. whose~c earning c~apacity is limnited Sbcause of uIge,
physical or ~menta l handic-ap, or o.ther~l infirmni~ty, may be emnploy~ed
on lig-ht work at a wage below~ the minimum established by this
Code, if the emplloyer obrtains fr~om the -Statec ALuthlo~rity dlesigna~ted
by the United States Depar~tme~nt of Labor, a certificate authorizing
suc person's emnployment.t at such wages and for suchl hours as
;shall be stated in th certificate. 'Such AuthorityT shall be guidedi
by the instructions o~f the United S~tates Derpartmrent. of Labor Jn.
issuingr certificates to such. persons. Eacth emp-loyer shall1 file muonth~-
ly' with the Div.isional Code Auth-ority a, list of a~ll such perrsons
emuployedl by him~, showing the waTges paid to, and-i the maximum.
hours of ~work for such ;emplloiye.
8. No emuplo~er subject to this SCupplemnental Cod~e shall dismiss or
demote any employees for mak;~L~ng a complaint or gTivmgl evidence
with rcsp~ct to an alleged violation of thisi Sulpplemental C'odle
ArcrICcLE iI -ADMINIuSTR~ATION
SUPPLEMENTING ARTICLE VI OF I-THE GENERAL CODEf
1. The Di~visionall ~Code Authlorit~y for th~e Chur~coal and IPacka;ge
Fu~el D~itributingr Trade~l is herreby e~stablished and it shall consist of
n~inEe (9) membllers to be selected as follows: Seven~ (7) ~to~b3 seleC'ted
by the Assc~iation froml th JBo~ardi of Direc~tors of ~the Na~;tional
Association of Charcacrl and Package Fuel Distr~ibutors, two (.2)
representat~ives of no-n-mnemblers to be elec~tedl by themll in a fair mlan~-
ner, apro3PCved by the Admrinistra~tor.!.
2. Subject to such rules andl regu!laions~ as may be issuedc by the
Ad~minis~tr ator, the~ Division al Code Althlorit~y shall have th~e foll-
lowTing powers and~ d~uties in addition to those authorized~ by- other
provisions of this :S-mleml>elt ntal Code and by -the p~rovisio~ns of the?
(aa) To adopt by-Jaws andl~ rule and regulatlions~ for its procedure.
(b) To use. such trade~1 associations and othler agncies as it ideems
proper for the carlrryin ou~t of any3 of its setivities provided -for
herein; ~providedl, thant. nothing her~ein1 shall relieve the D~ivisional
Code Auth~ority of its dultiesl or responsibilities under this Supple-
mIlent.al Code and that such trade assc~ciations and agencies shall at all
times be subject to and comply with thle prlov'isionls hereof.
(0) To obtain from members of the Trade such information and
reports as are required for the admninistration of this fSupplemental
Code. In addition to reports rIequired to be submitted to the Divis-
ional Code Authority, members of the Trade, subject to this Supple-
mental Code shall furnish such statistical information. as the Admnin-
istrator may deem necessary for the plur~poses recited in Section 3 (a1)
of the Act to such Fedecral and State agencies ass h~e may designate.
providing that nothing in this S~upplem~ental Code shall r~eliev\e any
member of the Trade of any e~xisting5 obligations to furnish reports
to anyr governmental agency. No individual report shall be disclosed
to any other member of the Trade or any other party except to such
other governmentnrl ag aencie~s as may be directed by the Adm inistrator.
(d) T'o recommend to the Admlinistr~ator any action or measures
deemed advisable, including further fair trade! prnct~ice p~rovisions
to govern members of the Trade in their relations with each ot.hler
or with other trades, meaLsures for industrial planning n saii
zation of employment; and including morlificatio~ns o hsSpl
mental Code which shall bercomle effective as par't hereof upon
approval by the Adm~inistrator after such notice and hlearing: as he
(e3) To make recommllendat ionls to the Administrator for thne coordi-
nation of the administration of this Sulpplemlental Code wit such
other Codes of F'air Comnpetition, if any, as may be related to or
affect mem~rbers of th~e Trade.
3. The D~ivisio~nal Code ~Authorit~y shall appoint a committee to
me~tet with a commlittee of the Code Autho~it~y of any related trade or
industry and when someeting to act as a Coordlination Boar~d in the
determinationl of disputes over the jurisdiction of the respective Code
Authorities. Each committee rshall be equal in nlumlber to tht-e respec-
tive c~ommlit~tee of the related trade or indulstr~y, appointedt to the same
Coordination Board. In addritionl to the mIembersl. appointed by the
Divisional Code Aiuthorities, each Coordlinat~ion ]Board~~l shall have!
onle! member appointed by the Admlinis~tratot r wit3h authority- to vote
in. the event of a tie.
4. In order~~ to assist, in masking effective the repor~lt~s fromn the Tradle
and in, ulim~inatingp unfair competition, the Divisional Codle Author
ity shall, within one month after the perfect ive date of the Supple-
:mental Codlc, appoint a comlmit~tee so colnstitutedl as to give producer,
d ist ributor,l consumers,, and gove\rnmeln t al retpresentatution, to mnake a
studcly with a view to the estab~lishmencnt of c~lass.ifienltions and
htandlards of sizes~ and quality, (gradeslc) of staple pcroducts of the
Trande, w-hereverl such jtandrldnls are deemede feasible. Th~e findings
and rcollnunenantionsn, of this committee shall. within three mlonths,
be! subm~ittedl to the Admrinistrator,, and affter SUCh hear11ings andl
inves~~tigationsrl as he may13 designated, and upon01 apprIovaI l by hliml such
classiicatios and standardsl" shall be a part ofthis Supplemlental
Codle and be bindlingb upon. every~ mlclleme.
5. (a1) It be~ing foundll necessaryI~ in ordel~r to support the admllinis-
tratioin of this Sjupplemntalt l Codei and~ to malintainn thle standi~ards
of fair manpetl~c'itionl cestabflilhed herender)~I' 1 alnd to effectuate thc policy
of the Act, thec Divisionaul Codec Authoilty is Iunthorized:
(1) To incur sucllh reasonablletc ob~ligratiols a~s are nlecess;ary and
proper for the foregoing purposes, and to meet such obligations out
of funds which. mayt be raised as hereinafter provided and wh~kich
shall be held in trust for the purposes of thre Supplemental Code;
(2) To submit to the Adcministrattor for his aplprovail, subject to
such notice and opportunity to be heard as he malty deem necessary
(1) an itemized budget of its estimated expenses for the foregobf~ing
purp~oss, anld (2) an eqluitable basis upon which the funds necessary
toi' support, such b~udgret shall be contributed by m1embel~trs of the Tradet;
(3) After such budget and basis of I-ontrribultion, have been ap3-
proved by the Admlninistrastor, to determine and obtain eqluitable
contribution as above set forth b~y all members of the Tradet, and to
that end, if necessary, to institute legal prcced:i'ings:~ therefore in its
(b) 1Each mzember of the Trade shall pay his or its equitable con-
tr~ibut~io-n to the expenses of th~e maintecnance of the Di~visional Code
Authority, dfeterminled as hereinabove! provider, and subhject, to rules
anrd regulations pertaining therto, issued~! by the Admrinist;~rator.
OnlyT members of the Trade complying with.the LSuppleme"ntl Code
and contri~ut~ing to the expenses of its administration as hereinaboveo
pi'ovided, unless duly exempted from mnaking suchr contributions
shall be entitled to participate in the selection ofm besothDii
siornal Code Authority or to receive the b~enefits of any of its volun-
tary activities or to makre use of .any emblem or insignia of the
National Recovery Adtminist~~ratioLn.
(c) The Divisional Code A~uthlority shall neither incur- nor- pay
any obligation in excess of thie amount t-hereof as estima.ted~ in its
approved budget;, except ulpon approval of the Administ~rator; and
no subseqluent. budget shall contain anly dlefic~incylr item for expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approvedi.
6. Nothing contained in this Supplemental Code shall constitute.
thEe members of the Divi~sional Code Authlority par~tntr~s for any
purpose, nor shall any member of the Divisional Code Authority
be-liable in any- manner to anyone for any act of the other members,
officers, agents, or employees of thre Divisional Code Authority. Nor
shall any nemlber of the Divisional Co-de Auth~ority exercisingr rea-
sonablez diligence in the conduct of his duties hereunder be liable
to anyone for any action or omillssionl to act under1 this Supplemlentlll
Code, except for his own willful mlalfonsance~ or non-feasane.
7. If the Administrator shll~f at any timue dleterminelr that. anly
action. of the Divisional Code Aulthor~ity or any part ther-eof ma~zy be
unfair or lUnjulst or conitrary to the public interest thie Adminis~rtrato
may require that su~cht action be suspended to afford an o~Ipopotunity
for inv~st~igation of thie merits of such action, andl further co-nsidtera~-
tion by ~such Div-isio~nal Co7e. Authority or agencyy pending final
action which shall not be effective pending final action which shall
not be effect-ive unless thte Administra~tor appr~oves or ulnless he shall
fail to disapprove after thi-t~y (30) days' notice to him of intention
to proceed with such action in its original or muodified form.
ARTICLE VII-NFAIR TRADE PRAC~TICES
BSUPPLEMENTINZ .ARTICLE VII OF THE GENERAL CODE
T~he followcling are declared to be unfair trade practices and are
1. To borrowr, lend, purchase, sell or use the bags, packages or
containers of any other member of the Trade or of any other con-
cern or form of enlterprise; and each mlembler of the Trade is required
to hatve his or its conltainer with his or its name and address, con-
tents andl quantity clearly printed thereon so as to be readily id~enti-
fied; no individual firmn, corporation or others form of enterprise
shall make any sales or deliveries of any package fuels in any con-
tainers but their ow~n.
2. To brand, malr.rk; or pac~k any goods, or use anyllf brands, t~radle
marks, designs or color combinations, on anly delivery e~quipm~ent.,
containers or uniforms of emp~lloyees, or otherwise, mn connection with
the sale of any gos irn alny m~anner which is intended to or does
deceive or mislead purchasers with respect to the bra~nd, grade, qulal-
ity, quantity, origin, size, sulbstan~ce, character, mlater~ial content, o
preparation, of such, goods.
3. Tlo defamle any complletitor by false charges and statements of
dishonorable conduct, inability to perform contracts, questionable
credit standing, or biy other false represenltatio nls, or to falsely dis-
parage the grade or quality of his goods.
4. To operate the business or make deliveries on Sullndas or on such
days retognizedc as legal holidays in the particular staltez wTher'e the
phece of business of the maembe~r of the Trade is loca~tedl, except in
ense of emler~genlcy, which shall be immedc~iately reportedly to the nearest
agency of the D~ivisiondl~ Code Authority.
5. To deliver by wecighlt or measur!11e less fuel than is reqjuired~ by thle
stanlldard, uniform, and customary bagbs, pa~c~kagesi and~ containers,
or to deliver a mlixture of sizes with intent to dleceive the consumer.
ARTICLE VIII CosTs nhoi PalcE CrC'ITING
1. TChe standards of fair compe~tition for the Trade with reference
to pricing pract ices are dfecla red to be as follows:
(a) WCilfully destru~ctivTe price cutting is an unfair metthlod of com-
petition. and is forbiddenll.
(b) Whlen no dleclar~ed emerIgenlcy exists as to any given p~rodtuct,
there is to be~ no fixedl mnlimum~lll basis for price~s. It is intended
thnat sound cost estimaiting~ methods shold l be us~edl anld that consider-
atlonl shiouldi be given to costs in the dletermina~;t ion olf p~ricing policies.
(c) WFhen an emelrlgelcy exists as to anyr- giveni proluc~t, sale belowr
the stalted~ miinimumin pr1ice or sulch product. in. violation of S~ect~ion 2
he~reof is forbiddenl.
2. Emerlcrgecylc Provis;,~ion~s.-( a) If thel Admlninis;trator after investi-
ga~tionl shall aIt anly time find both (1) ~that n emlerg~ency! has~ arisen
wiithrin. the Tradle adversly~lS afccting smal;ll eteltr~prises or w\agets or
Ino cnitos o enigtlowtardl monopoly~,13 orl mother neutef CondCi-
tions~ whichl tendl to clefea:t~ the purposes~~( of thec A~ct: a~nd (12) that the
detelrminatioin of thc s1itated mljinillnunt ri'cet for' a spe'cifiedl p~rodulct
within the Trade for a limited. period is necessarily to mitigate the
conditions constituting such emergency and to effectuate the purposes
of the Act, the Divisional Code Authority may cause an impartial
agenlcy to investigate costs and to recommend to the Administrator
a determination of th~e stated miinilnan price~ of the product affected
by thne emergency and thereupon the A~dmilnistrator may proceed to
determine suchl stated minimum price.
(b) When the Administrator shall ha-ve dietermlined such stated
minimum price for a specc-ifiedcl product for a ~tatedl period, which
price shall be reaisonably calculatedl to mitigate thne conditions of
such emergency and to effectuate the purposes of the National Indus-
trial Recovery Act, he shall publish. such price. Thereafter, during
such stated. 1>er~iod, no member of the Trade shall sell such specified
products at a net realized price belowr said stalted minimum. price
and any-such sale shall be deemed destructive price cutting. From
time to time, the Divisional Code Auth~orit~y mlay recommend review
or reconsideration. or the Administrator may cause anly dleterminat-
tions hereunder to be reviewed or reconsidered and appropriate ac-
3. Goe~t Finding~1.-T'he Divisional C'ode Authority shall cause to
be formulated methods of cost finding and accounting capable of use
by all members of the Trade, and shall submit such methods to thle
Administrator for review. If approved by the Administrator, full
information concerning such methods shall be made available to
all members of the Trade. Thereafter, each member of the Trade
shall utilize such methods to the extent found praceticable. Nothing
herein contained shall be construed to permit the Divisional Code
Authority, anly agent thereof, or any member of the Trade to sug-
gest uniform additions, percentages or differentials or other uniform
items of cost which are designed to bring about arbitrazry uniformity
of costs or prices.
ARTICLEn IX MODIFICATION
This Supplemental Code and aell the provisions thereof are ex-
p~ressly made subject to the right of the President in accordance
with the provisions of Sub-section (b) of Section 10 of the Act,
from time to time to cancel or modify any order, approval, license,
rule or regulation issued under Title I of said Act.
A-RTI~CLE X EFiFECTIVE DATE
This Supplemental Code shall become effective on the tenth day;
after its approval1 by the Administrator.
Approved Code No. 201--Supplemnent No. 19.
Registry No. 71U1.
UNIVERSITY OF FLORIDA
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