UNIV. OF FL USI.
For sale by the Superintendent of Doumnents, Wa;shington, D.C. - Price 5 conts
Registry No. 1122--22
Approved Code No. 84-Appendix No. 1
NATIONAL RECOVERY ADMlINISTRATION
(A Subdivision of the Fabricated Metal Products
Manufacturing and M~etal Finishing
and Mletal Coating Industry)
AS APPROVED ON SEPTEMlBER 7, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
This publication is for sale by thle Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerice.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building;.
Birmingham, Ala.: 257 Federal Building.
Bosti.n, M1ass. : 180)1 Customhouse.
Buthllo, N.Y.: Chamber of Commerce Building.
Char:eston, S.C.: Chamber of Commerce Building.
Chingrto, Ill.: Suite 1700G, 201 Northl Wells Street.
Cleveland, Ohio: Charube~r of Commerce.
Dallas, Tex.: Chamlber of Commerce Building.
De~truit, MUich.: 801 First SNtional Ba~nk Building.
HIouston, Tex.: Chamlber o~f Commlerce Building.
Indiaunpolis, Indl.: C'hamber of Conmmerce B~ui:ding.
Jacksonville, F'la.: Chamber of Commerce B3uilding.
Kiansas City, M~o.: 1028 Baltimuore Avenue.
Losj Anigele, Calif.: 11013 South B~roadway..
Liouisv'ille, Ky.: -408J Fedleral Building.
Memph~lis, Tennl.: 2'29 Federal Building.
M~innenpolis, Mlinn.: 213 Federal B~uilding.
Niew Orleans,. La.: Roo~m 2"5--A, Customlhouse.
New York, N.Y.: 7~34 Customuhouse.
Norfolk. V'a.: 406j East Plume Street.
Phiilatelp~hin, Pa;.: 4122 Commercial Trust Building.
Pittsbiurgh, Pa.; Chamlber of Commecrce Buildling~.
Po.rrntland Oreg.: 21.3 N'ew Post Office Building.
St. Louis, M~o.: 50,6 Olive Street.
San Fralncisco, Ca~:if.: 310) Customboruse.
Seattle, Wash.; 800) Federal Office Building.
Approved Code No. 84---Appendix No. 1
APPE N DIX
FLY SWTATTER MANUFICACTUR~R ING IN]DUISTRY
As +Approved on September 7, 1934
APPROV'I~o APPEN;DIX FOR. TH-E ]FLY. SWA'ITER NANLT'ACTURING3
AP SUBDIVISIONS OF THE FABRICATED METAL PRODUCTS MANLTACTUTRING
AND META FINISHING'C AND METAL COATING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title. I of the National Industr~ial
Recovery Act, approved June 16, 1933, and in accordance wspith the
provisions -of Section 4 of Article IV of th~e Code of F'air Competi-
tion for the F~abricatedl Metal Products Manufacturing and M~etal
Finishing and M~etal Coating Industry, approved N-ovember 2, 1933,
as amended June 1, 19341, for approval of Atppendixr No. 1 establish-
ing trade practice provisions for the Fly Swaotuntert Mnuactrin
Subdivision of said Industry, and Notice of potnt ob er
having been dulyl publicized-, and n~o objections having been received
thereon; and the annexed report on said Appendix No. 1 to said
Code containing ~findings with rrespect thnereto, having been made
and directed~ to t~he P resident:
~NOWT THEREFiORE, on behalf of the President of the United
States, 1, Hugh S. Johrison, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including E-xecutive Order Nio. 6543-A, dated December
30, 1933, and other wise; do hereby incorporate by reference said
annexed report and do find that said Appendix No. 1_ to said Code
complies in all respects with the pertinent provisions and will pro-
mote the policy and purposes of said Title of said Act; and do hereby
order that said Appendix No. 1 of said Code of Fair Competition
be and it is hereby~ approved; provided, however, that the provisions
of Section 8, insofar as they prohibit allowances for advertising, be
and they hereby are stayed pending my f-urther order.
HuncB S. Jonwsex,
Administrator for Indtcustriia~l Reco-oery.
Approvanl recommended :
BARTON Af. RIURRAY,
DivicSion) A~dmli israi~iltor.
Setptembler 7r, 1934.
841633 *--1181-21--34 11
REPORT TO THE PRESIDENT
Tlhe Tl'h~ite Howe~.
SmR: This is a report on Appendix No. 1 to the Code of Fair Com-
petition for t~he Fabricated 1\Ietal Products MIanufacturing and Mletal
Finishing and Mletal Coating Industry, approved on November 2,
1933, and as amended on June 1, 19341.
The Flg Swvatter Mianufacturing Industry, being truly rep~resenta-
tive of this subdivrision of the Fabricated Mietal Products Alianufac-
turing and Mietal Finishing and 1\Ietal Coating Industry, has elected
to avail itself of the option of operating under the Code for the
Fabricated M~etal Products M~anufacturing and Mletal Finishing and
1\fetal Coating Industry,! as amended son June 1, 1934, with the as-
sistance of additional fair trade practice provisions.
ni.scr dn OF THE APPENDIXI
Section 1 accurately defines the term Fly Swatter M~anufacturing
Section 2 sets up a governing body consisting of members of the
Section 3 provides for methods of setting up and revising price
terms, and provides against actions which cause influences incon-
sistent with t~he maintenance of a free and open market.
Section 4 provides against shipmentss on consignment, except
under p'ecuiliar circulmstances.
Section 5 provides against sales w~ith the privilege of return.
Section 6 provides against sales of commodities other than products
of this subdivision for thle purpose of influencing a sale of a product
of this sub~division at. prices below the inv~oice price plus all incidental
costs of such products.
Section "7 pr~ovides against the giving of prizes or gifts by any
scheme wh ich i involves lot t ery, m isr~epresen station or fra ud.
Section 8 p~rovides against allowaRnces for special sales, special
swantters or for advertising.
Section 9 provides against the use of premiium~s which involve
comm nercial bri beryr, lottery in any formn, m isre present tion, fraud or
deception in anyv form, andl discrimination as between customers of
the samie class o~r same trade area.
Section 10 provides against the distribution of samples unless
charged for at not below regular jobbingr prices plus transportation
Section 11 sets up rates of sales discounts for the products of the
subdivision, and provides for post-dating of orders shipped during
the first quarter of the yea"r.
Section 12 provides against guarantees or protection against maar-
Section 13 provides against the employment of a salesman or dis-
tributor who is employed by or associated with (on a salary or
other compensation basis) trade buyers, buying groups or jobbers
who deal in fly shatters.
Section 14 states the effective date of thte Append-ix.
The Asrsistant Deputy Adm~rinistrator in his final report to me on
said Arppendix No. 1 to said Code having found as herein set forth
and on the basis of all the proceedings in this matter:
I find that:
(a) Said Appendix No. 1 to said Code is well designed to promote
the policies and purposes of Title I of the N~ational Industrial Re-
cove~ry Act, including removal of obstructions to the free flow of
interstate and for~eigrn commerce which tend to diminmish the amount
thereof and will provide for the~general welfare by promoting the
organization of industry for the purpose of cooperative action. among
t~he trade groups, by inducing and maintaining united action of labor'
and management under adequate governmental sanctions and super-
vision, by eluninating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding ~undue restriction of production exceptt as
mlay be temporarilly required), by increasing the consumplltion of
industrial and, agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by. improving
standards of labor, and~ by other.wise. rehablilitarting industry.
(b) Said industry normally employs not more than 50,000 employ-
ees; and is not classified by me as a major industry.
(c) The Appendix No. 1 to said Code as approved complies in
all respects wlith the pertinent provisions of said Title of said Act,
includingf without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, and Subse~ction (b) of Section 10 thereof ; and
that the applicant a~ssciiatiorn is an association truly representative
of thle aforesaid Industry; and that. said a~s~sociation imposes no
ineq~liitable restrictions on admission to membership therein.
(d:) The Appendlix No. 1 to said Code is not designed to and will
not permiit monopolies or monopolistic practices.
(e) The Appendlix No. 1 to said Code is not designed to and will
not eliminate or op~press small enter~prises anld will not operate to
discriminate against t~hem.
(f) Those engaged in other steps of the economic process hlave
not been deprived of the righ'tt to be heard prior to approval of
Eaid Appendix No. 1 of said Code.
For these. reasons, therefore, I have approv'ed this Appendix No. 1
of said Code.
IHvan S. JoINwso~N
A dmin ist ra~tor.
SEPTEMBER 7i, 1934.
COD)E HAPPEN DIX~ FOR TH E FLYT SWATTER
A? SUBDIVrISIO N OF THE FABIRICATED RIETAL PRODUCTS IANBUFACITURING
arvn METAL FINISHING AND R.ETAL COATING INlDUSTRY
Pursuant to Section 4 of A-rticle IV, as amended on June 1, 1934,
of this Code the following are established as additional trade prac-
tice provisions and any member of the Fly Sw~at~ter Subdivision who
directly or indirectly through any officer, employer, agent or rep-
resent.ative violates or evades anS of these trade practice provisions
shall be guilty of violation of this Code:
SECTION 1. The term Fly Swsatter M~anufacturing Subdivision "
is defined to mean and include the manufacture for sale of fly
SLECTION 2. TIhe members of this subdivision shall set up a govern-
inga body consisting of as many members as may be determined by
and inl a manner satisfactory to the Code Authority or the Admin-
SECT~ION 3. (a) Each member of the subdivision shall file with a
confidential and disinterested agent of the governing body or, if
none, then with such an agent designated by the Code Authority
subject to the disapprov~al of t~he Administrator, identified lists of all
his prices, discounts, rebates, allowFances, and all other terms or
conditions of sale includlingr premniumis, hereinafter in this Article
referredl to as price terms which lists shall completely and accurately
conform to and represent the individual pricmng practices of said
miember. Such lists shall contain the price terms for all such stand-
arrd products of the subdivision as are sold or offered for sale by said
member and for such non-standard products of said member as
-hall be des-ignated by t~he governing body. Said price terms shall
in the first instance e filed within twenty days after the date of
approval of this provision. Price terms and revised price terms
shal bcom efectve mmeiatlyupon receipt thereof by said
agent. Immediately upon receipt teef adaetsalb ee
graph or other equally prompt means notify saidl member of the
time of such receipt. Such lists and revisions, together with the
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed t~o all members of the subdivision and to all
of their customers w~ho have applied therefore and have offered to
defray the cost. actually incurred by the governing body in the
p'repar'ation and distribution thereof and be available for inspec-
t~ion byI any of their customers at the office of such agent. Said lists
or revisions or any part thereof shall not be made available to any
person until released to all members of the subdivision and their
customers, as aforesaid; provided, that prices filed in the first in-
stance shall not be released until the expiration of the aforesaid
twenty-dayv period after the approval of this provision. The gov-
ernmng bolly shall maintain a permanent file of all price terins filed
as herein provided, and shall not destroy any part of such r~ecordc-s
except upon written consent of the Administrator. Upon request
the governing body shall furnish to the Admninist~rator or any duly
designated agent of the Administr~ator copies of any such lists or
revisions of price terms.
(b) When any member of the subdivision has filed an~y revision,
such member shall not file a higher price within fort~y-eight hour~s.
(c) NJo member of thre subdivision shall sell or offer to sell any
products of the subdivision for which price terms have been filed
pursuant to the requirements of this provision, except in accordance
with such price terms.
(d) No member of the subdivision shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the su~bdivision
to change his price terms by the use of intimidation, coercion, or
any other influence, inconsistent with the maintenance of the free
and open market which it is the purpose of this provision to create.
SECTIONJ 4. No member of the subdivision shall ship goods on con-
signment except under circumstances to be defined by the groverningr
body and approved by thle Admninistrator, where peculiar circum-
stances of the subdivision require the practice.
SECTION 5. No member of the subdivision shall sell or offer to
sell any products of the subdivision with the privilege of return,
nor accept the return of any products of the subdivision delivered
on a bona fide order, provided, ho-wev9er, that the provisions of this
section shall not applyr to sales or deliveries of goods w which are de-
fective, or not in record with the specifications of the order undcer
which they were sold and delivered, or other conditions where the
member of the subd~ivision is at fault.
SECTION 6. No member o~f th~e subdivision. shall sell or offer to sell
com~modities other th~an p~rodlucts of this subdivision for the purp~o a
of influencilgr n sale of a p-rodruct of this subdivision at pr~ices b~lo~w
the invoice price plus all incidecntal1 costs of such, products. If andl
when th~e products of thlis subdivision are sold in, comtbination with
products of other industries, thle inlvoice mliust clearlyT show the unit
price for each article listedl.
SECTIO)N 7. NO memberc~l Of t.110 subdivisio~n shall offer or give pr1izes
or gifts in connectioni with thle sale or exchange of products of thnis
subdivision or as an inllucemntil thiiereto, bS an~y schemile which. in-
volves lottery. mnisrep~resenttation or fraud.
SECTION 8. No meluber of file subdivision shall mnake allowa~nces to
customers in anly formn for special sales, or makie allowannces for
special swattersi, andl special or extraordinary sales events, or make
allowa nces for adv \e~t isinga.
SEcTION '3. NO m~ember~l of the subdivision shall use premiums in
the following ways.
(a) In any wTay which will involve commercial bribery in any
(b) In a way which involves lottery inr anys form. The term.
"L lottery "' shall be construed to include, but without limitation, any'
plan or arrangement whereby the premiums offered differ substan-
UNIVERSITY OF FLORIDA
63 1262 08855 7771 ;"
tially in value from customer to customer of the same class, except
as a result of differences in quantities purchased.
(c) In ways which involve misrepresentation, or fraud or decep-
tion in any form including, but without limitation, the use of the
ords", ree ",,,r "if:t, ", g.ratuit "or language of similar import in
connection with giving of prenuums for the purpose or with the
effect of misleadling or deceiving customers. ;
(d) The giving of premiums to any customer when such premiums
are not offered to all customers of the same class, in the same trade
SETION 10. NTo member of the subdivision shall distribute samples
to jobbers for the use of their salesmen unless charged for at not i
below regular jobbing prices plus transportation charges.
SECTION 11. No member of the subdivision shall allow a discount
for cash gr~eaterr than 2%~ in ten days from date of shipment. Orders ,
received for shipment during January, February and ~lfarch may
be given Mlayr 1 dating, provided customer permits shipment, at the
seller's convenience during the period from January 1 to April 1.
A pre-payment discount, on such shipments may be allowed at a rate
not to exceed 6% per annumn.
SECTION 12. No member of the subdivision shall make or give
to any purchaser of fly sw~at.ters, any guarantee or protection against
decline in the market of such products.
SECTION 13. No member of the subdivision shall employ as a sales-
man,, broker, agent or distributor any person who is directly or
indirectly employed by or associated with any trade buyer, or group
of buyers, or so-called syvndicate of w-holesa~le grocers, or other jobbers
(any of whom deal in fly swatters), on a salary or any other compen-
SECTION. 14. This Appendix shall become effective ten (10) days
after its approval by the Admninistrator.
Approved Code No. 84t-Appendix No. 1.
Registry No. 1122-22.