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GOVERNMENT PRINTING OFFICE' i / '
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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
.:INDUSTRY AND TRADE
AS APPROVED ON OCTOBER 31, 1933
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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
Sand Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building. -
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City. Mo.: 1028 Baltimore Avedue.
Los Angeles, Calif.: 1163 South Broadway.;
Louisville, Ky.: 408 Federal Building. s
Memphis, Tenn.: 229 Federal Building.:
Minneapolis, Minn.: 213 Federal Building. .
New Orleans. La.: Room 225-A, Customhouse. "
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.
CODE OF FAIR COMPETITION FOR THE PACKAGING MACHINERY INDUSTRY
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 my approval of a Code of
Fair Competition for the Packaging Machinery Industry and Trade,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said Code of Fair
Competition together with his recommendations and findings with
respect thereto and the Administrator having found that the said
Code of Fair Competition complies in all respects with the pertinent
provisions of Title I of said Act and that the requirements of Clauses
(1) and (2) of subsection (a) of Section 3 of the said Act have been
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report and recommendations
and findings of the Administrator and do order that the said Code
of Fair Competition be and is hereby approved.
FRANKLIN D. ROOSEVELT.
THE WHrrE HOUSE,
October 31, 1933.
HUGH S. JOHNSON,
OcromER 23, 1933.
The White House.
Sin: This is a report of the hearing on the Code of Fair Competi-
tion for the Packaging Machinery Industry and Trade of the United
States, conducted in Washington on October 11 1933, in accordance
with the provisions of the National Industrial Recovery Act.
PROVIsIONs AS TO WAGES AND HOURn
No person under 16 years of age shall be employed nor any person
under 18 years of age at hazardous occupations or those detrimental
A minimum rate of 40 cents per hour shall be paid to any employee
engaged in the making of the products of the Industry, and in labor
operations directly incident thereto.
The minimum rate applying to any other employees shall be $15.00
per week in any city or immediate. trade area of such city of over
500,000 population; a minimum of $14.50 in any city or trade area of
such city, of between 250,000 to 500,000 population; or, $14.00 in
any city or town of less than 250,000 population or within the imme-
diate trade area of such city or town.
Except that office boys and girls and learners may be paid not less
that 80 percent of such minimum wage, the number of whom shall
not be more than 5 percent of the total number of employees covered
by weekly salaries.
Apprentices may be retained under contract at predetermined
wages during the period of apprenticeship in order to learn the
trade, but such existing and future contracts shall be filed with the
Employees who, by reason of physical disability or infirmity, are
competent for light work only may be paid not less than 80 percent
of the minimum wage and a record of each case shall be filed with
the Code Authority.
Wage rates for those employees receiving more than the minimum
wage shall be equitably adjusted as far as practicable, but in no
case shall they be decreased.
A maximum day of 8 hours and a maximum week of 40 hours is
adopted. On account of the intricate construction of the special
machinery built by this Industry, the maximum hours adopted are
felt to be necessary for the reason that it is impossible to change
crews and a one-shift basis is the only logical mode of operation,
and a shorter work week would result in no additional reemploy-
During a temporary peak demand the Industry may operate on
a schedule not to exceed 48 hours in any one week or not to exceed
8 weeks in any 6 months' period, provided that time and one half
is paid for all time worked in excess of 8 hours in any one day or in
excss of 40 hours in any one week.
Further exemption is made for employees engaged in emergency
repair work involving breakdowns or for protection of life and
property. In such cases time and one half must be paid for all time
over the maximum hours herein provided.
Exceptions are also made for executives, professional persons,
heads of administrative departments, factory and office supervisory
staffs (not including foremen primarily engaged in productive work)
and technical engineers (provided that none of the foregoing re-
ceive less than $35.00 per week) outside service men and field sales-
men, and watchmen provided that watchmen shall not work more
than 56 hours in any one week.
Accounting, clerical, office service, office sales, express, delivery,
stock keeping, or shipping employees shall not work more than 40
hours a week monthly average nor more than 48 hours in any one
week except during the month of the annual audit.
ECONOMIC EFFECT OF THE CODE
The estimated total sales of this Industry in 1932 were 57.6 per-
cent of sales in 1929 and represented only 29 percent of plant capac-
ity. The lowest level of employment within recent years occurred
in March 1933, and on June 15, 1933, only 1,584 were employed.
Since June 15th, however, 536 employees have been added.
Increased pay rolls from reemployment and adjusted differentials
in wages furnish evidence of the fullest cooperation with the spirit
of the Act.
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without lim-
itation, subsection (a) of Section 7 and subsection (b) of Section
10 thereof; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Packaging Machinery Industry and Trade.
(c) The Code as recommended is not designated to promote mo-
nopolies or to eliminate or oppress small enterprises and will not
operate to discriminate against them, and will tend to effectuate the
policy of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
HUGH S. JOHNSON,
CODE OF FAIR COMPETITION FOR THE PACKAGING
MACHINERY INDUSTRY AND TRADE
To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a "Code
of Fair Competition for the Packaging Machinery Industry and
ARTICLE II--THE INDUSTRY AND TRADE
SECTION 1. The term "packaging machinery industry", as used
herein, is defined to mean the manufacturing and/or importing
and/or marketing of power-driven automatic and semiautomatic or
hand- or foot-operated machinery and/or equipment and parts there-
of used in the manufacture of packages (except machinery for the
manufacture of glass, wood, and metal packages) and in packaging
processes and/or in the preparation of products for shipment.
SEC. 2. The term "packaging machinery trade ", as used herein,
is defined to mean and includes the business of importing and/or
marketing of packaging machinery and/or equipment and parts
SECTION 1. (a) The applicant for this Code is Packaging Ma-
chinery Manufacturers Institute, Incorporated, a trade organization
all members of which are engaged in such manufacturing and/or im-
porting and/or marketing, and which organization is truly repre-
sentative of the industry.
(b) Applicant organization imposes and shall hereafter impose
no inequitable restrictions on membership therein. The Code pre-
sented by it shall not be applied to permit or promote monopoly, to
oppress or eliminate small enterprises, or to discriminate against
them but to effectuate the policy of said Title I of the National
Industrial Recovery Act.
The following terms, as used herein, unless otherwise clearly
indicated by the context, are defined to have meanings respectively
The term Employer" means any person actively engaged in
manufacturing and/or importing and/or marketing any of the
products of the industry and trade either as employer or on his own
The term "Employee means any one who is employed by any
such employer in any phase of the industry or trade as above de-
fined irrespective of the nature or method of payment of his
The term President ", "Act and Administrator mean, re-
spectively, the President of the United States of America', Ihe
National Industrial Recovery Act, and the Administrator of said
The term Learner means a youth having no previous experi-
ence in the manufacture of packaging machinery and parts thereof,
and whose employment as such shall not exceed four months of
working time in the industry. The intent of the industry and trade
under this definition is to cooperate with trade schools.
The term "Apprentice" means a person, usually a minor, who
agrees to serve an employer for a certain stated period of time at
predetermined wages for the period in order to learn the trade.
The term Population ", for the purposes of this Code, shall be
determined by reference to the 1930 Federal Census.
The term "Executive" shall mean any employee responsible for
the management of a business, a department, or a recognized sub-
The term Professional person" shall mean lawyers, doctors,
nurses, research technicians, advertising specialists.
The term Outside Salesman shall mean a salesman who is en-
gaged not less than sixty (60) percent of his working hours outside
the factory or office or any branch thereof by which he is employed.
The term Maintenance employee shall mean any employee who,
through special training or mechanical ability, is essential to the up-
keep and/or preservation of the premises and property of the
establishment, and shall not include such workers as porters, elevator
operators, janitors, and cleaners.
The term Outside Service Employee shall mean any employee
when actually engaged in installing or servicing machinery and/or
equipment and parts thereof outside the establishment.
The term Watchman shall mean an employee engaged in safe-
guarding the premises and property of the establishment.
The term "Establishment" shall mean any factory, office, or depart-
ment wherein the manufacture, importing, and/or marketing of pack-
aging machinery and/or equipment and parts thereof is conducted.
(1) 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; (2) No em-
ployee and no one seeking employment shall be required as a condi-
tion of employment to join any company union or to refrain from
joining, organizing, or assisting a labor organization of his own
choosing; and (3) Employers shall comply with the maximum hours
of labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
, So employer shall employ any person under the age of sixteen
(16) years, nor anyone under eighteen (18) years of age at opera-
tions or occupations hazardous or detrimental to health. The Code
Authority shall submit to the Administrator 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 empow-
ered to issue employment or age certificates, showing that the em-
ployee is of the required age.
ScxrToN 1. (a) On and after the effective date the minimum wage
that shall be paid by any employer to any employee engaged in the
making of the products of the industry, and in labor operations
directly incident thereto, shall be forty (40) cents per hour. It is
agreed that this paragraph establishes a guaranteed minimum rate
of pay regardless of whether the employee is compensated on the
basis of a time rate or on a piecework performance.
(b) On and after the effective date, the minimum wage that
shall be paid by any employer, to all other employees shall be not
less than fifteen dollars ($15) per week in any city of over 500,000
population or in the immediate trade area of such city, nor less than
fourteen and a half dollars ($14.50) per week in any city of between
250,000 and 500,000 population or in the immediate trade area of
such city, nor less than fourteen dollars ($14) per week in any city
or town of less than 250,000 population or in the immediate trade
area of such city or town.
Provided, however, that office boys or girls and learners (other
than apprentices) may be paid not less than eighty (80) percent
of such minimum wage, but the total number of such office boys or
girls, and learners at such reduced rate shall not exceed in any
calendar month five (5) percent of the total number of all employees
covered by the provisions of this paragraph (b), provided that each
employer may employ a minimum of one office boy or girl and a
minimum of one learner.
(c) Nothing in this Article VII shall apply to, or affect, any
employee apprenticed to any employer by an indenture made in pur-
suance of the laws of any state of the United States, or by a writ-
ten contract under any apprentice system established and maintained
by an employer, provided such agreements are, and each additional
agreement as made is, filed with the Code Authority, and provided
that this exception shall apply to such employees only during the
period that they are receiving less than the minimum rate.
(d) Any employee who, by reason of physical disability or in-
firmity is competent only for light employment shall be paid not
less than eighty (80) percent of the minimum wage referred to in
paragraph (a) of this Article VII, provided that a record of each
case shall be filed with the Code Authority.
(e) To the extent practicable, the wage rates of employees re-
ceiving more than the minimum wage rate shall be equitably ad-
justed, and in no case shall they be decreased as a result of this
adjustment of hours, so that existing differentials shall be main-
tained and, to the extent practicable, recognition shall be give:nto
the desirability of maintaining earnings, provided such adjustment
has not already been made since June 16, 1933.
SEcTION 1. (a) On and after the effective date, no employer shall
employ any employee engaged in the making of the products of the
industry, and/or in labor operations directly incident thereto, in
excess of forty (40) hours per week or eight (8) hours in any
twenty-four (24) hour period.
(b) Provided further that these limitations of hours shall not
apply to conditions of peak demand, for any department or depart-
ments which create an unusual and temporary burden for produc-
tion or installation; in such cases such number of hours may be
worked as are required by the necessities of the situation; but not
to exceed forty-eight (48) hours per week for eight (8) weeks in any
calendar six (6) months' period beginning October 1, 1933, and each
April 1 and October 1 thereafter; provided further that in such
special cases time and one half shall be paid for hours worked in
excess of eight (8) hours in any one day or forty (40) hours in any
(c) Provided further that the maximum hours fixed in Section
1 (a) of this Article shall not apply to any employee on emergency
maintenance or emergency repair work involving breakdowns or
protection of life and property, but, in any such special case, time
and one half his normal rate shall be paid for hours worked in excess
of the maximum hours therein provided.
(d) Provided further that these limitations of hours shall not
apply to executives, professional persons, heads of administrative
departments, factory and office supervisory staffs (not including
foremen primarily engaged in productive work), and technical en-
gineers (provided that no person receiving less than thirty-five
($35.00) dollars per week shall be considered to come under any of
the foregoing exempted classifications of this paragraph), outside
service men and field salesmen, and watchmen, provided, however,
that watchmen shall not work more than fifty-six (56) hours in any
SEc. 2. On and after the effective date of this Code, no employer
shall work any accounting, clerical, office service, office sales, express,
delivery, stockkeeping, or shipping employee in the industry more
than forty (40) hours a week on a monthly average, nor more than
forty-eight (48) hours in any one week, except during the month of
the annual audit.
SEC. 3. No employee shall work or be permitted to work for a
total number of hours in excess of the number of hours prescribed
for each week and day whether employed by one or more employers.
SEC. 4. In determining his classification under this Code, each
employee shall be entitled to claim the benefit of the classification of
occupations existing on June 16, 1933.
SEC. 5. Each employer shall post this Code in a conspicuous place
in his establishment.
." .. AmTrcx IX-STATE REGULATION
i Within each state, this code shall not supersede the laws of such
state, imposing more stringent requirements, regulating the age of
employees, wages, hours of work, or health, fire, or general working
conditions, than under this Code.
ARTICLE X-CODE AUTHORITY
SECTION 1. To further effectuate the policies of the Act, a Code
Authority is hereby set up to cooperate with the Administrator in
the. Administration of this Code.
SSzc. 2. The Code Authority shall consist of the Code Committee
of not more than five members (no two of whom shall be representa-
tives of the same member) appointed by the Board of Directors of
the Packaging Machinery Manufacturers Institute, Incorporated, to-
gether with, if nonmembers.so desire, two members of the industry
and trade not members of the Institute; and one or more nonvoting
appointees of the National Recovery Administration, if deemed
necessary by the Administrator.
.Each trade or industrial association directly or indirectly partici-
pating in the selection or activities of the Code Authority shall,
(1) Impose no inequitable restrictions.on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
In order that the Code Authority shall at all times be truly rep-
resentative of the industry and trade, and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper; and, thereafter, 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 require
an appropriate modification in the method of selection of the Code
SSEc. 3. Any member of the industry and trade is eligible for mem-
bership in the Code and/or Institute and there shall be no inequitable
restriction on such membership, and all members of the industry and
trade subscribing to the Code or participating in, or sharing in any
way in the benefits of the activity of the Code Authority or partici-
pating in the selection thereof, shall bear a proportionate amount of
the expenses of administering and enforcing the Code and of mak-
ing any amendments thereto, which proportion shall be based on the
gross-sales volume (for the previous calendar year) of the packaging
machinery as defined in Section I or Article II, and such funds shall
be collected and administered by and through the machinery of the
-SEc. 4. With a view to keeping the President informed as to the
observance or nonobservance of .this Code, and as to whether the in-
dustry and trade is taking appropriate steps to effectuate the
declared policy of the Act, each -member of the industry and trade,
if and when required by the Administrator, shall prepare and file
with such person or organization as the Code Authority may desig-
nate, and at such times and in such manner as the Code Authority
may prescribe (to be held and used subject to the limitations of
Article XI hereof), statistics of plant capacity, volume of sales -it
units and dollars, orders received, unfilled orders, stocks on hand,
inventory, both raw and finished, number of employees, wage rates,
employee earnings, and hours of work pertinent to the administra-
tion of this Code.
ARTICLE XI-DATA CONFIDENTIAL
SECTION 1. Except as otherwise provided in the Act, all statistics,
data, and information filed in accordance with the provisions of the
Code shall be confidential.
SEC. 2. The statistics, data, and information of one member of the
industry and trade shall not be revealed to any other member of the
industry and trade, except, that, for the purpose of administering
or enforcing the provisions of this Code, the Code Authority, by
its duly authorized representatives (who shall not be in the employ
of any member of the industry and trade affected by this Code),
shall have access to any and all statistics, data, and information, that
may be furnished in accordance with the provisions of this Code.
However, such data shall be available to the Administrator on
SEC. 3. 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 deem
necessary for the purposes recited in Section 3 (a) of the Act.
SECTION. 1. Aggregation of members of the industry and trade
having a common interest and common problems will be grouped
by the Code Authority for administrative purposes into various
SEC. 2. In each product subdivision there may be a Sub-Code
Authority approved, or appointed, by the Code Authority. If formal
complaint is made to the Code Authority that provisions of this
Code have been violated by any member of the industry and trade,
the Code Authority or the proper Sub-Code Authority shall investi-
gate the facts, and to that end may cause such investigation to be
made as may be deemed necessary, and shall report the results of
such investigation to the Code Authority. Any action taken by
the Code Authority under this Article of this Code shall be subject
to review, disapproval, or modification by the Administrator.
ARTICLE XIII-UNFAIR TRADE PRACTICES
SECTION 1. It shall be an unfair trade practice for a manufacturer,
importer, agent, or dealer to allege that a competing machine and/or
equipment and parts thereof violates any patent unless he shall have
previously notified the alleged infringer in writing, setting forth
the grounds on which such alleged infringement is based and naming
:. patents alleged to be infringed.
; SE 2. It shall be an unfair trade practice to:the full extent per-
mitted.by any existing patent laws for any manufacturer or im-
porter or agent or dealer of packaging machinery and/or equipment
or parts thereof to assume in any contract any obligation or liability
in connection with patent infringement suits brought against the
purchaser or user of the machinery and/or equipment or parts thereof,
other than to assure the legal expense of suits charging that such
machinery and/or equipment or parts thereof infringes, plus dam-
ages or profits not to exceed the cost price of the machinery, and/or
equipment or parts thereof directly involved in such suit.
SEc. 3. Secret Rebates.-It shall be an unfair trade practice to
make secret payment or allowance of rebates, refunds, commissions,
credits or unearned discounts, whether in the form of money or
otherwise, or the secret extension to certain purchasers of special
services or privileges not extended to all purchasers on like terms and
SEC. 4. Comnwrcial Bribery.-It shall be an unfair trade practice
directly or indirectly to give or permit to be given, or offer to give,
money or anything of value to agents, employees, or representatives
of competitors or prospective customers, without the knowledge of
their employers or principals, as an inducement to influence their
employers or principals to purchase or contract to purchase from
the makers of such gift or offer, or to influence such employers or
principals to refrain from dealing or contracting to deal with
SEC. 5. Interference with Contractual Relations.-It shall be an
unfair trade practice maliciously to induce or attempt to induce the
breach of any existing oral or written contract between a competitor
and his customer or source of supply, or interfere with or obstruct
the performance of any such contractual duties or services.
SEC. 6. Misrepresentation or False or Misleading Advertising.-It
shall be an unfair trade practice to make or cause or knowingly
permit to be made or published any false, materially inaccurate, or
deceptive statement by way of advertisement or otherwise, whether
concerning the grade, quality, quantity, substance, character, nature,
origin, size, finish, or preparation of any product of the industry
and trade, or the credit terms, values, policies, or services of any
member of the industry and trade, or otherwise, having the tendency
or capacity to mislead or deceive customers or prospective customers.
SEC. 7. Particular product groups of competitors within the Pack-
aging Machinery Industry and Trade may, with the approval of the
Code Authority and the Administrator and the President, establish
supplementary codes of fair trade practices applying to their particu-
lar products, covering such problems as costs, trade-in allowances,
selling on trial basis, charges for installation, demonstration and
service, and other problems. Such a supplementary code shall apply
to all members of the particular product group within the industry
and trade, on that part of their business covered by the product
SEC. 8. Where before June 16, 1933, the members of the industry
and trade have contracted to purchase goods at a fixed price for
delivery during the period of this agreement, the members of the
industry and trade will make an appropriate adjustment of said
fixed price to meet any increase in cost caused by the seller having
signed the President's Reemployment Agreement or having become
bound by any Code of Fair Competition approved by the President.
SEC. 9. No section of this Article XIII of this Code shall apply to
sales outside of the United States of America.
SEC. 10. Nothing in this Code shall limit the effect of any adjudi-
cation by the courts or holding by the Federal Trade Commission on
complaint, finding, and order, that any practice or method is unfair,
providing that such adjudication or holding is not inconsistent with
any provision of the Act or this Code.
SEC. 11. If any member of the industry and trade is also a mem-
ber of any other industry and trade, the provisions of this article
of this Code shall apply to, and affect, only that part of his business
and product which is included in this industry and 'trade.
ARTICLE X IV-MODIFICATION
This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 of the National Industrial Recovery
Act, from time to time, to cancel or modify any order, approval,
license, rule, or regulation issued under Title I of said Act and
specifically, but without limitation, to the right of the President to
cancel and modify his approval of this Code or any conditions im-
posed by him upon his approval thereof.
ARTICLE XV-AMENDMENTS CONTEMPLATED
SECTION 1. (a) Such of the provisions of this Code as are not re-
quired by the Act to be included herein, may, with the approval of
the President, be modified or eliminated as changed circumstances or
experience may indicate.
(b) This Code is intended to be a basic Code. Study of the trade
practices of the industry and trade will be continued by the Code
Authority with the intention of submitting from time to time addi-
tions to, or revisions of, or supplements to, this Code.
(c) Any such amendments, additions, revisions, or supplements
proposed by the Code Authority and approved by the President shall
be in full force and effect after such approval.
ARTICLE XVI-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and serv-
ices increase as rapidly as wages, it is recognized that price increases
should be delayed and that when made, the same should so far as
reasonably possible, be limited to actual increases in the seller's costs.
ARTICLE XVII-EFFECTIVE DATE
This Code shall become effective and binding on all persons en-
gaged in the industry and trade on the eleventh day after its approval
by the President and shall not be otherwise effective.
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UNIVERSITY OF FLORIDA
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