I,-. Registry No. 1016-03
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NATIONAL RECOVERY ADMINISTRATION
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..CODE OF FAIR COMPETHIKTO1
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AS APPROVED ON MARCH 8, 1934
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Approved Code No. 322
CODE OF FAIR COMPETITION
: FOR THE
EARTHENWARE MANUFACTURING INDUSTRY
As Approved on March 8, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE EARTHENWARE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Earthenware Manufacturing Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
GEO. L. BERRY,
AMarch 8, 1984.
REPORT TO THE PRESIDENT -.
The White House.
SIR: A Public Hearing on the Code of Fair Competition for the
Earthenware Manufacturing Industry, submitted by the Earthenware
Manufacturers Association, located at Zanesville, Ohio, was conducted
in Washington on the 13th of November, 1933, in accordance with the
provisions of the National Industrial Recovery Act. The Association
claims to represent 90 per cent of the Industry.
The maximum hours permitted under this Code are forty (40)
hours per week averaged over any one period of thirteen (13) weeks as
selected by the employer, and not in excess of forty-four (44) hours in
any one week nor eight (8) hours in any one day, except that in the
event of an emergency involving breakdowns or protection of life or
property or during periods of peak demands, when approved by the
Code Authority subject to the disapproval of the Administrator,
employees may be permitted to work in excess of the maximum hours
herein prescribed provided that in all such cases employees shall
receive time and one-third for all hours worked in excess of eight (8)
hours in any one day. Excepted also from this provision are persons
employed in a supervisory or executive capacity, designers and
sculptors who receive thirty-five dollars ($35.00) or more per week,
and traveling salesmen.
The minimum wage is forty cents (400) per hour for males and
thirty-two cents (32t) per hour for females. It is provided that
accounting, clerical and office employees be paid not less than at the
rate of sixteen dollars ($16.00) per week in any city having a popula-
tion of one hundred thousand or over or in the immediate trade area of
such city; in any city having a population of between twenty-five
hundred and one hundred thousand or in the immediate trade area
of such city not less than fifteen dollars ($15.00) per week; and in any
city having a population of twenty-five hundred or less not less than
fourteen dollars ($14.00) per week. Apprentices shall be employed
at not less than eighty per cent (80%) of the minimum wage, pro-
vided, however, that the total number of apprentices employed by
any member of the Industry shall not exceed five per cent (5%) of the
total number of employees of any such member and that the period of
apprenticeship shall not exceed twelve (12) weeks whether served
under one or more employers. It is further provided that in cases
where female employees displace men they shall receive the same ;
rates of pay as the men they displace.
The average wage in the Earthenware Manufacturing Industry,
during 1929, was $21.08 a week. During 1933, however, average
wages in this industry dropped 19.2 per cent to an average of $17.02.
Wages in this industry represented 38 per cent of the value of
products in 1929, compared with 46.8 per cent in 1933. During 1933,
total wage payments fell 30.5 per cent under 1929, while average
weekly wages declined 19.2 per cent.
On the basis of the 1929 hourly average, 42.2 cents, and regardless
of whether a 40-hour or a 34-hour week were adopted, the total pay-
roll would increase $468,250, or 18.9 per cent over the 1933 total,
because of the fact that the spread-work feature would hold the pay-
roll at a higher constant than prevailed in 1933.
According to information obtained from the Earthenware Manu-
.facturing Industry, the value of products aggregated $9,401,000,
S'during 1929. During 1933, the value of products in the aggregate
declined to $5,298,900, or 43.6 per cent under the 1929 total.
S The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceedings
in this matter;
(a) Said Code is well designed to promote the policies and purposes
of Title 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 provide for the
general welfare by promoting the organization of industry for the pur-
pose of cooperative action among the trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanctions and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
S present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
(b) Said Industry normally employs not more than 50,000 employ-
ees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
S tinent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsec-
tion (b) of Section 10 thereof; and that the applicant association is an
industrial association truly representative of the aforesaid Industry;
and that said Association imposes no inequitable restrictions on ad-
mission to membership therein.
(d) The Code is not designed to and will not permit monopolies or
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
S (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 Code.
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable
solution for this Industry and for these reasons this Code has been
HUGH S. JOHNSON,
MARCH 8, 1934.
CODE OF FAIR COMPETITION FOR THE EARTHENWARE
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Earthenware Manufacturing Industry, and its provisions shaff
be the standards of fair competition for such industry and binding
upon every member thereof.
1. The term "association" as used herein shall mean Earthenware
Manufacturers Industry Association.
2. The term "Earthenware Manufacturing Industry" or "In-
dustry" as used herein, shall mean the manufacture of clay products
produced from secondary clays, either as raw clays without additions,
or as mixtures of secondary clays with fluxes, glazed or unglazed,
having utility value as kitchenware, decorative art pottery, heavy art
pottery, stoneware, common red flower pots, excluding dinnerware,
kitchenware produced from primary kaolins and mixtures of primary
kaolins with fluxes, sanitary ware, chemical porcelain and chemical
3. The term "first quality" as used herein shall mean only sound
useable flower pots.
4. The term "member of the industry" as used herein, shall mean
any individual, co-partnership, corporation, association, or other
form of enterprise engaged in the industry either as an employer or-
on his or its own behalf.
5. The term "employee" as used herein, shall mean any and all
persons engaged in the industry, however compensated, except a
member of the industry.
6. The term "employer" as used herein, shall mean anyone by
whom any such employee is compensated or employed.
7. The term "apprentice" as used herein, shall mean any employee
without previous experience or employment in the industry.
8. The terms "Act" and "Administrator" as used herein shall
mean respectively Title I of the National Industrial Recovery Act,
and the Administrator for Industrial Recovery.
9. Population for the purposes of this Code shall be determined
by reference to the latest Federal Census.
SECTION 1. Maximum hours.-Except as hereinafter provided, no
employee shall be permitted to work in excess of forty (40) hours per
week averaged over any one period of thirteen (13) weeks as selected
by the employer, and not in excess of forty-four (44) hours in any one
(1) week nor eight (8) hours in any one day, except that in the event
Sof an emergency involving breakdowns or protection of life or prop-
irty or during periods of peak demand, upon recommendation of the
I. Code Authority and subject to the approval of the Administrator,
r employees may be permitted to work in excess of the maximum hours
.:: herein prescribed provided that in all such cases employees shall
receive time and one-third for all time worked in excess of eight (8)
hours in any one day.
SECTION 2. Exceptions as to hours.-The provisions of Section 1
of this Article shall not apply to persons employed in a supervisory
or executive capacity, designers and sculptors who receive thirty-five
dollars ($35.00) or more per week, nor to traveling salesmen.
SECTION 3. The provisions of Section 1 of this Article shall not
apply to watchmen who may be employed in pairs and who shall
not be permitted to work in excess of thirty-six (36) hours per week
and forty-eight (48) hours per week on alternate weeks, or an average
of forty-two (42) hours per week.
SECoTON 4. The provisions of Section 1 of this Article shall not
apply to continuous kiln firemen, who shall not be permitted to work
in excess of fifty-six (56) hours per week nor more than twelve (12)
hours per day and who shall receive time and one-third for all hours
in excess of forty-two (42) hours per week.
SECToN 5. The provisions of Section 1 of this Article shall not apply
to periodic kiln firemen and truck drivers engaged in inter-city hauling,
who shall not be permitted to work more than eighty (80) hours in
any two (2) weeks period, nor more than fifty-six (56) hours in any
one (1) week.
SECTION 6. Employment by several employers.-No employee shall
be permitted to work for a total number of hours in excess of the
number of hours prescribed herein whether he be employed by one or
SECTION 7. Employers performing the work of employees.-Employers
who personally perform manual work or are engaged in mechanical
operators shall not exceed the maximum hours permitted by this
SECTION 1. Minimum wage.-No male employee, except as herein-
after specifically provided, shall be paid less than at the rate of forty
(40t) cents per hour. No female employee, except as hereinafter
specifically provided, shall be paid less than at the rate of thirty-two
(32t) cents per hour.
SECTION 2. No accounting, clerical, or office employee shall be paid
-less than at the rate of sixteen dollars ($16.00) per week in any city
having a population of one hundred thousand or over or in the immedi-
ate trade area of such city; nor less than at the rate of fifteen dollars
($15.00) per week in any city, town or village having a population
between twenty-five hundred and one hundred thousand or in the
immediate trade area of such city, town or village; nor less than at the
rate of fourteen dollars ($14.00) per week in any city, town or village
having a population of twenty-five hundred or less.
SECTION 3. The minimum wages in the Southern Districts, as
defined in Article 6, Section 3, (a & c) shall be not less than eighty
(80%) percent of the minimum wages provided in Sections 1 and 2
of this article but in no event shall the minimum wage be less than
thirty (30t) cents per hour.
SECTION 4. Apprentices may be employed at not less than eighty
(80%) percent of the minimum wage prescribed in Sections 1, 2, 3
and 6 of this Article, provided, however, that the total number of
apprentices employed by any member of the industry shall not
exceed five (5%) percent of the total number of employees of any
such member and their period of apprenticeship shall not exceed
twelve (12) weeks whether served under one or more employers.
SECTION 5. Piecework Compensation-Minimum Wages.-This ar-
ticle establishes a minimum rate of pay which shall apply, irrespective
of whether an employee is actually compensated on a time rate,
piecework performance, or other basis.
SECTION 6. Wages Above Minimum.-The hourly rates for all occu-
pations, excepting those receiving thirty-five dollars ($35.00) or more
per week, shall maintain the difference in hourly earnings between
such occupations which existed on June 16, 1933, provided, however,
that if the foregoing provision raises the hourly rate higher than the
hourly rate for the same occupations which existed on July 15, 1929,
the hourly rate in effect on that date shall apply, but in no event
shall this rate be less than specified in Section 1 of this Article. The
average hourly rates of the Industry rather than the hourly rate of
any individual member of the industry shall be used to determ ne the
July 15, 1929, rate and the June 16, 1933, rate. Within thirty days
after the approval of this Code, the Code Authority, with the approval
of the Administrator, shall determine and promulgate to members of
the industry the average hourly rates of pay existing on July 15,
1929 and June 16, 1933 for all occupations in the industry.
SECTION 7. Female Employees.-Female employees performing sub-
stantially the same work as male employees and employed during the
same work period, shall receive the same rates of pay as male em-
ployees and where they displace men, they shall receive the same
rate of earning as the men they displace. The Code Authority shall
within ninety (90) days after the effective date of this Code file with
the Administrator a description of all occupations in the industry in
which both men and women are employed.
SECTION 8. Handicapped Persons.-A person whose earning
capacity is limited because of age or physical or mental handicap
may be employed on light work at a wage below the minimum
established by this Code if the employer obtains from the State
Authority designated by the United States Department of Labor
a certificate authorizing his employment at such wages and for
such hours as shall be stated in the certificate. Each employer
shall file with the Code Authority a list of all such persons em-
ployed by him. The number of persons thus employed by any one
member of the industry shall not exceed five (5%) percent of his '
total number of employees.
SECTION 9. Payment.-Employers shall pay employees only in
cash or negotiable checks drawn at par on date of issue and em-
ployers and employees shall not enter into any agreement, the
purpose or effect of which is to frustrate the purpose of this Section.
Wages shall be payable at least twice a month and shall be exempt
from any charges, fines and/or deductions by the employer, other
than those agreed to by the employee or sanctioned by law.
ARTICLE V-GENERAL LABOR PROVISIONS
SECTION 1. Child Labor.-No person under sixteen (16) years of age
shall be employed in the industry. No person under eighteen (18)
years of age shall be employed at operations or occupations which are
hazardous in nature or dangerous to health. The Code Authority
shall submit to the Administrator within sixty (60) days a list of such
operations or occupations. In any State an employer shall be deemed
to have complied with this provision as to age if he shall have on file
a certificate or permit duly signed by the Authority in such State
empowered to issue employment or age certificates or permits showing
that the employee is of the required age.
SECTION 2. Provisions.from the Act.-In compliance with Section 7
(a) of the Act it is provided that:
(a) 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 col-
lective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
SECTION 3. Reclassification of Employees.-No employer shall re-
classify employees or duties of occupations performed or engage in
any other subterfuge for the purpose of defeating the purposes or
provisions of the Act or of this Code.
SECTION 4. Standards for Safety and Health.-Every employer shall
make reasonable provisions for the safety and health of his employees
at the place and during the hours of their employment.
SECTION 5. State Laws.-No provision in this Code shall supersede
any State or Federal law which imposes on employers more stringent
requirements as to age of employees, wages, hours of work, or as to
safety, health, or general working conditions, than are imposed by
SECTION 6. Posting.-All employers shall post and keep posted
complete copies of the hour, labor and wage provisions, including
wage differentials and classifications of this Code in conspicuous
places accessible to employees.
-. ARTICLE VI--ORGANIZATION, POWERS AND DUTIES OF THE CODE
ORGANIZATION AND CONSTITUTION
SECTION 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this Code and shall
consist of nine (9) members; three (3) members to be chosen from
each division of the Industry through a fair method of selection, ap-
proved by the Administrator, to serve for a period of one year from
the date of their selection. There shall also be not more than three :
(3) additional members without vote and without compensation from
the Industry to be appointed by the Administrator in his discretion:
and to serve for such period of time and to represent the Administrato~i
or such group or groups as he may designate.
SECTION 2. Vacancies in the personnel of the Code Authority
selected by the Industry, shall be filled, pending a selection as provided
for the original members, upon nomination by the Code Authority
and approval by the Administrator.
SECTION 3. The Divisions of the Industry shall be as follows:
Stoneware Division, Earthenware Division and Clay Flower Pot
a. The Stoneware Division shall be divided into geographical
regions, as follows:
(1) Eastern District.-Including therein the States of Maine, New
Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut,
New York, Pennsylvania, New Jersey, Delaware, District of Colum-
bia, Maryland, Virginia, West Virginia, Ohio, Indiana and Michigan.
(2) Middle lWestern District.-Including therein the States of Illi-
nois, Wisconsin, Minnesota, Iowa, Missouri, North Dakota, South
Dakota, Nebraska, Kansas, Oklahoma, Montana and Colorado.
(3) Pacific District.-Including therein the States of Idaho, Wyo-
ming, Utah, New Mexico, Arizona, Nevada, California, Oregon and
(4) Southern District.-Including therein the States of North Caro-
lina, South Carolina, Georgia, Florida, Alabama, Mississippi, Ken-
tucky, Tennessee, Arkansas, Louisiana and Texas.
(5) Other districts may be established upon application of any
group desiring a separate regional district, subject to the approval
of the Divisional Executive Committee.
(6) Each geographical region, and any others which may subse-
quently be formed, shall set up a district divisional committee con-
sisting of five (5) members, for the purpose of administering in such
district the provisions of the Code insofar as authority may be dele-
gated to such committee by the Code Authority. Each member of
each district divisional committee shall be an officer or director of a
member of the industry or an individual engaged in the industry.
Any district division may select one (1) member of another district
to serve on its district divisional committee.
(7) The Stoneware Division shall be governed, as hereinbefore pro-
vided, by a Divisional Executive Committee of five (5) members, and
they shall be chosen from each district divisional committee as follows:
(a) Eastern District, two members
(b) Middle Western District, one member
(c) Pacific District, one member 4
(d) Southern District, one member
This Divisional Executive Committee shall elect three (3) of its
members to serve as the representatives of the Stoneware Division on
the Code Authority.
b. The Earthenware Division shall be considered as a national unit
c. The Clay Flower Pot Division shall be divided into geographical .. .::
regions, as follows: :
(1) Eastern District.-Including therein the States of Maine, New
Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut,
New York east of but not including Buffalo, Pennsylvania east of and
including Altoona, New Jersey, Delaware, District of Columbia, Mary-
land and Virginia.
(2) Central District.-Including therein the States of New York
west of and including Buffalo, Pennsylvania west of but not including
Altoona, West Virginia, Ohio, Michigan, and Indiana.
(3) Southern District.-Including therein the States of North Caro-
lina, South Carolina, Georgia, Florida, Alabama, Mississippi, Ken-
tucky, Tennessee, Arkansas, Louisiana and Texas.
(4) Western District.-Including therein the States of Illinois,
Wisconsin, Minnesota, Iowa, Missouri, North Dakota, Nebraska,
Kansas, Oklahoma, Montana and Colorado.
(5) Pacific District.-Including therein the States of Idaho, Wyo-
ming, Utah, New Mexico, Nevada, California, Oregon and Washing-
(6) Other districts may be established upon application of any
group desiring a separate regional district, subject to the approval of
the Divisional Executive Committee.
(7) The Flower Pot Division shall be represented by a Divisional
Executive Committee. This Committee shall be composed of one
representative from each of the regional districts and shall elect three
(3) of its members to serve as the representatives of the Flower Pot
Division on the Code Authority.
(8) Each member of the Divisional Executive Committee shall
be entitled to one vote and a majority vote of all the members thereof
is required to be a binding decision of the Committee. Any member
may designate a proxy to act in his behalf at any meeting, providing
such proxy is a member.
SECTION 4. Each Division, subject to rules and regulations of the
Code Authority and the Administrator, shall have exclusive juris-
diction with respect to problems relating exclusively to said Division
and each Division shall, through a fair.method of selection, establish
an executive committee who shall work with and under the direction
of the Code Authority in administering the provisions of this Code in
SECTION 5. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall impose no inequitable restrictions on membership, and
shall submit to the Administrator true copies of its articles of associa-
tion, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
SECTION 6. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, he may take such action as he
may deem necessary under the circumstances.
SECTION 7. Any member of the industry shall be entitled to partici-
pate in and share the benefits of the activities of the Code Authority
and to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustainiz
his reasonable share of the expenses of its administration. Such:::
reasonable share of the expenses of administration shall be determined:
by the Code Authority, subject to review by the Administrator, o~
the basis of volume of business and/or such other factors as may be:
SECTION 8. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority, exer- : :'
cising reasonable diligence on the conduct of his duties hereunder, be
liable to anyone for any action or omission to act under this Code, "
except for his own willful misfeasance or nonfeasance.
POWERS AND DUTIES .
SECTION 9. The Code Authority shall have the following further
powers and duties:
a. To administer the provisions of this Code, provide for the com-
pliance of the Industry with the provisions of the Act, and to propose |
and submit amendments and/or modifications of this Code which on
approval of the Administrator after such notice and hearing as he shall
specify, shall become a part hereof.
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 required for the 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 sub-
mitted 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 existing
obligations to furnish reports to any government agency; but no
individual report 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 *I
proper for the carrying out of any of its activities provided for herein,
provided that nothing herein shall relieve the Code Authority of its'
duties or responsibilities under this Code and that such trade asso- i:7
ciations and agencies shall at all times be subject to and comply with
the provisions hereof.
e. To make recommendations to the Administrator for the coordi-
nation of the administration of this Code with such other codes, if any~ :
as may be related to the Industry.
f. To secure from members of the Industry who assent to this Code
and/or participate in the activities of the Code Authority such pro*
portionate payment of the reasonable expenses of maintaining t he
Code Authority as may be determined by the Code Authority subject
to the disapproval of the Administrator.
... .... iii. ii
g. To cooperate with the Administrator in regulating the use of any
N.R.A. insignia solely by those members of the industry who have
assented to, and are complying with, this Code.
h. To recommend to the Administrator further fair trade practice
provisions to govern members of the-industry in their relations with
each other or with other industries and to recommend to the Adminis-
trator measures for industrial planning, including stabilization of
SECTION 9. If the Administrator shall determine that any action of a
Code Authority or any agency thereof may be unfair or unjust or con-
trary to the public interest, the Administrator may require 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 disapprove after
thirty (30) days' notice to him of intention to proceed with such action
in its original or modified form.
SECTION 1. The Code Authority, with the approval of the Adminis-
trator, shall prescribe an adequate cost finding method and thirty (30)
days after approval thereof by the Administrator, each member of the
industry shall use a cost finding method which shall conform to the
principles of, and be at least as detailed and complete as that prescribed
by the Code Authority.
SECTION 2. The Code Authority with the approval of the Admin-
istrator shall prescribe for each division, standard provisions governing
maximum cash discounts, terms of payment, provisions governing
delinquency, cancellation and/or return of industry products, which
terms shall be adhered to and incorporated in all order, invoice and/or
acknowledgement forms and used by all members of the industry.
SECTION 3. a. When such cost finding method shall have become
effective as provided in Section 1 of this Article, each member of the
industry shall publish and file with the Code Authority his own price
lists and/or price lists and discount sheets, individually prepared by
him, based on such cost finding method and covering each kind and
size of each standard product offered for sale or sold by him, and such
price lists and/or discount sheets shall become effective immediately
upon the date of filing, or sixty (60) days after the effective date of
this Code they shall become effective after such period of time as shall
hereafter be established by the Code Authority with the approval of
the Administrator. All such price lists and/or price lists and discount
sheets shall state all discounts, (trade and cash) if any, and all other
terms and conditions of sale provided in Section 2 of this Article, and
S shall be available upon request to any member of the industry or to
any other interested party.
b. Revised price lists and/or price lists and discount sheets may be
filed from time to time by any member of the industry which shall
become effective immediately upon the date filed, or sixty (60) days
after the effective date of this Code they shall become effective after
such period of time as shall hereafter be established by the Code
Authority with the approval of the Administrator, and shall be avail-
able upon request to any member of the industry or to any other
interested party. ":",
c. Price lists of non-standard specialty products need not be filed
unless specifically requested by the Code Authority.
d. After the filing of such price lists and/or price lists and discount
sheets, no member of the industry shall sell or offer for sale any of
the products of this industry on a basis at variance from those filed
in accordance with the provisions of this Section 3. -:i
SECTION 4. No member of the industry shall sell or offer for sale
any products of the industry below his own individual cost as deter-
mined by the use of a cost finding method, as provided in Section 1,
except that such member may, in order to meet bona fide compe-.
tition, file and thereafter offer to sell and sell at a price not less than
the lowest filed price of a competing member on a comparable article,
provided, however, that in the event of necessity requiring immediate
disposition of inventories or with respect to sale or offer of sale of
dropped lines or seconds, a member desiring to make such disposition
or sale shall at least two weeks prior to any offer for sale or sale of
same, furnish to the Code Authority such information concerning
same as it shall prescribe. The Code Authority shall within ten days
after receipt of such information render its decision of whether such
facts thus disclosed warrant an exception hereunder. In the event
that the Code Authority shall determine that such circumstances do
not warrant such sale, the member may immediately appeal to the
ARTICLE VIII-STANDARD SIZES
SECTION 1. All clay flower pots shall be sold in one grade only which
shall be called "first quality" and on a basis of uniform standard
sizes measured in inches of inside diameter at the top of the flower pot;
however, a tolerance of variation at the rate of %s of an inch for each
inch of diameter shall be permitted, but flower pots of greater size
than the allowed tolerance shall be sold as the next larger standard
size; all flower pots and saucers up to and including 16 inches inside
diameter shall be sold as one of the following sizes which shall be the
standard of the industry subject to the right of the Code Authority
with the approval of the Administrator to change such standards and
tolerances from time to time as conditions warrant:
a. Standard, azalea (% height) and bulb (% height) pots.
1" 2}." 4%" 9"
1 2%" 5" 10"
I'" 3" 534" 11"
1 i" 33" 6" 12"
1" 3%" 7" 14"
2" 4" 8" 16"
b. Rose pots.
X2" 2% 23" x 3"
13 x 24" 2%4" x 3'%"
2" x 2.W" 3" x 4" .
23,-" x 2 "
c. Saucers. :6
1" 5" 8" 12"
2" 6" 9 14" "
3" 7" 10" 16" ..
ARTICLE IX-TRADE PRACTICE RULES
The following practices constitute unfair methods of competition
and are hereby prohibited:
RULE 1. To give to any purchaser any special or discriminatory
prices, terms, privileges, rebates, allowances, refunds, unearned
credits or discounts, in any manner whatsoever not extended to all
purchasers of the same class under like terms and conditions.
RULE 2. To evade or disguise actual prices of any transaction in
any manner whatsoever; or to sell or deliver a greater quantity or a
superior quality of material than is charged for.
RULE 3. To quote, make, allow, or sell at a price or discount
conditioned on the basis of combined sales or shipments of products
of two or more divisions of the industry, except to allow for actual
freight saved to the purchaser through carload shipment.
RULE. 4. To assist in the establishment of fair competition, the Code
Authority, with the approval of the Administrator, shall establish
standard qualifications of types of buyers and thereafter no member
of the industry shall sell or offer to sell any industry products at
variance with the standards thus established.
RULE 5. To give, permit to be given, or directly offer to give,
anything of value for the purpose of influencing or rewarding the
action of any employee, agent or representative of another in relation
to the business of the employer of such employee, the principal of
such agent or the represented party, without the knowledge of such
employer, principal or party. Commercial bribery provisions 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.
RULE 6. To attempt to induce the breach of an existing contract
between a competitor and his customer or source of supply; or to
interfere with or obstruct the performance of such contractual duties
RULE 7. To publish advertising, or make or cause to be made any
statement, which refers inaccurately in any material particular to
any competitors or their goods, prices, values, credit terms, policies
RULE 8. To ship goods on consignment except under conditions to
be defined and applied uniformly, by the Code Authority, where
peculiar circumstances of the industry require the same.
RULE 9. To withhold from or insert in an invoice, statements or
entries which make such invoice a false record, wholly or in part, of
the transaction represented on the face thereof.
SRULE 10. To describe any industry products, or the materials
that go into such, in any manner tending to deceive the customer;
or to substitute, without the knowledge of the purchaser, inferior
RULE 11. To guarantee against price decline or price advance.
RULE 12. To give discounts in excess of five per cent (5%) on
the sale of clay flower pots in consideration of the buyer calling at
the factory or warehouse for the merchandise instead of requiring
delivery by the seller.
S RULE 13. To split or divide commissions, brokers' fees, or brokers'
discounts, or otherwise in any manner through sham or indirection
'.. UNIVERSITY OF FLORIDA "
11111 11 IIII III IIII 11111 1 1111 11111111 IIUIIIIHII I--
to use or endeavor to use a brokerage commission, or jobb.i
rangement or sales agency to make discounts, allowances,
or prices to customers other than as provided in this Code.
RULE 14. To sell to or through any broker, jobber, coni
account, or sales agency which is in fact an agency for rt
whereby such retailers endeavor to thus secure a discount, *i.
ance, or price other than the price published for retailers, esa
to buying syndicates, which purchase and pay for thd productsE "
RULE 15. To publish or circulate unjustified or untwarr"
threats of legal proceedings which tend to oi have the effect of hasm
ing competitors or intimidating their customers. Failure t pe
cute in due course shall be evidence that any such threat isjn
ranted or unjustified. '
RULE 16. To imitate a competitor's trade mark, trade name,
exclusively established design of product, or package, intended
identify the maker or vendor of said product, when the effect of d
imitation may be to cause confusion in the minds of purchasers :
reference to the identity of the maker thereof.
RULE 17. To sell or offer to sell common red flower pots as "94
bonds" or as any other class except "first quality."
SECTION 1. This Code and all the provisions thereof are expreM
made subject to the right of the President, in accordance with the
visions of subsection (b) of Section 10 of the Act, from time to timi
cancel or modify any order, approval, license, rule, or reguald
issued under said Act.
SECTION 2. This Code, except. as to provisions required byi..
Act, may be modified or amended on the basis of experience or chaI
in circumstances, such modifications -or amendments to be ti
upon application to the Administrator and such notice and hea4
as he shall specify, and to become effective on approval of the :
ministrator, unless otherwise provided.
ARTICLE XI-MONOPOLIES, ETC.
No provision of this Code shall be so applied as to permit meo1SI
lies or monopolistic practices, or to eliminate, oppress, or discrim *
against small enterprises.
ARTICLE XII-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing pow i
be made more difficult of consummation if prices of goods and s811
increase as rapidly as wages, it is recognized that price increases
such as may be required to meet such increases should, :s
possible, be limited to actual additional increases in the selfEt s
ARTICLE XIII-EFFECTIVE DATE : i.ill
This Code shall become effective on the fifteenth day ..&
approval by the Administrator. :
Approved Code No. 322.
Registry No. 1016-03..