NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS SUBMITTED ON AUGUST 25, 1933
REGISTRY No. 1622-05
The Code for the Floral Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington. D.C. Price 5 cents
TENTATIVE CODE OF FAIR COMPETITION OF THE FLORAL
SECTION 1. The term "President" means the President of the
United States of America.
SEC. 2. The term "Grower" means all persons and organizations
engaged in the production of flowers and plants for sale.
SEC. 3. The term "Wholesaler" means all dealers or growers in
cut flowers, decorative greens. or pot plants and cooperative organiza-
tions who sell to others for the purpose of resale.
SEC. 4. The term "Commission Dealer" means all dealers in cut
flowers, decorative greens, or pot plants who sell for others on a com-
mission basis for resale.
SEC. 5. The term "Retailer" means all persons and organizations
engaged in the retail sales of flowers and plants whose income from
sales shall be derived from retail flower transactions.
SEC. 6. The term "National Florists' Council" means the National
Florists' Council (as from time to time constituted) representative of
the Floral industry.
ARTICLE II-PURPOSE OF THE CODE
SECTION 1. The purpose of the code is to effectuate the policy of
Title I of the National Recovery Act in so far as it is applicable to
SEC. 2. It is the further purpose of the code to increase employ-
ment among the various Divisions of the Industry; to improve the
standards of labor therein; to maintain and to establish standard
methods of grading; to establish standard and controlled methods of
marketing; to maintain a reasonable balance between the production
and consumption of flowers; to prepare a plan of fair practices between
individuals and organizations in the industry; and to insure a fair
return to all divisions of the industry in accordance with capital
ARTICLE III-M1EMBERSHIP IN THE CODE
SECTION 1. It is the intention of this code that all the members of the
Industry which shall comply with the provisions of the code shall be
entitled to participate in its benefits upon the terms and conditions
set forth in the code.
SEC. 2. Any member of the industry is eligible for membership in the
SEC. 3. Rules and Regulations in respect to meetings of members
of the code shall be prepared and promulgated by the National
ARTICLE IV-ADMINISTRATION OF THE CODE
SECTION 1. The administration of the code shall be under direction
of the National Florists' Council, the membership of which shall
(a) Three members (with one vote each) from the National organi-
zation known as the Wholesale Commission Florists.
(b) Three members (with one vote each) from the National organi-
zation known as the Florists' Telegraph Delivery Association, Inc.
(c) Six members (with one half vote each) from the National
organization known as the Society of American Florists.
(d) Two members at large in the industry (with one vote each)
representing all other interests in the industry.
SEC. 2. The National Florists' Council shall be the general planning
and coordinating agency for the industry. Its members, selected by
the established divisions and from the industry at large, shall be
empowered to act exclusively for the industry, having general powers
and duties necessary for the administration under the National
Recovery Act, and in addition thereto the full and specific powers set
(a) To establish regional control boards in the various marketing
areas, to consist of from one to three members in the discretion of the
council, and to act in behalf of the council in investigation, report, and
adjustment of violations occurring within the particular area.
(b) The Council may delegate to any regional control board or
committee the right to take testimony concerning any violation and
make a recommendation to the National Florists' Council.
(c) Any member of the industry aggrieved at any such recom-
mendation may appear before the council at a properly designated
time and place. The finding of the National Florists' Council is
subject to review by the administrator under the National Recovery
Act, or to whomever his powers may be designated.
(d) The National Florists' Council may on complaint of any parties
or on its own initiative make such inquiry and investigation into the
operation of this agreement as may be necessary.
(e) The council shall make all rules and regulations necessary for
the administration of this code, including rules of fair practice within
marketing areas, standard methods of grading and marketing mer-
chandise, and may from time to time require such reports from
divisions as may be necessary to advise it adequately in the adminis-
tration and enforcement of this agreement.
(f) The council shall collect funds for its operation and maintenance
from the established divisions represented upon the council and from
the membership at large as follows:
Growers_ --------__------------------------------------- a 3/11 part.
Retailers----- ------------------------------------ a 3/11 part.
Wholesalers---------------------------------------- a 3/11 part.
Allied ---------------------------------------------------- a 2/11 part.
ARTICLE V-THE HOURS OF LABOR, RATES OF PAY, AND OTHER
CONDITIONS OF EMPLOYMENT
SECTION 1. The schedule of hours of labor and rates of pay set
forth herein shall apply in all cases except where seasonal and climatic
or other physical factors affecting either growing or marketing con-
ditions shall make necessary employment m excess of the maximum
hours set forth herein; but in no instance shall the standard maximum
hours be exceeded in the average employment for a period over six
calendar months in any one year. The schedule of hours and rates
of pay shall not apply to temporary employment in case of emergency.
SEC. 2. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing and shall
be free from interference, restraint, and coercion of employers of
labor or other agents in the designation of such representatives, or
in their concerted activities for the purpose of collective bargaining
or other mutual aid or protection.
SEC. 3. Employers of the industry shall comply with the schedule
set forth herein of maximum hours of labor and minimum rates of pay
and other conditions of employment approved or prescribed by the
SEC. 4. The following schedule of maximum hours of labor shall
apply in the industry throughout the United States:
(a) The total number of hours of employment shall not exceed
forty-eight (48) hours per week throughout the United States, subject
to the necessity of seasonal employment set forth above.
SEC. 5. The minimum rate of wages in the industry throughout the
United States shall be as follows:
(a) In the States east of the Mississippi River and south of the
Mason Dixon line, twenty-five cents (250) per hour.
(b) In the States east of the Mississippi and north of the Mason
Dixon line, thirty cents (300) per hour.
(c) In the States west of the Mississippi, except Louisiana, Okla-
homa, Arkansas, Texas, New Mexico, and Arizona, thirty cents (30 )
(d) In the States of Louisiana, Oklahoma, Arkansas, Texas, New
Mexico and Arizona, twenty-five cents (25*) per hour.
SEC. 6. No persons under the age of sixteen years shall be employed
by any member of the industry.
ARTICLE VI-FAIR PRACTICES AND CREDIT
SECTION 1. Wholesale and Commission dealers shall make reports
and returns at least once each month on all consignments.
SEC. 2. Each natural marketing area through regional control
boards or committees appointed by the council shall establish credit
terms to florists in its locality based upon capital investment, general
responsibility and paying experiences.
SEC. 3. No member of the industry shall sell any flowers or potted
plants to other members of the industry or to the trade which are not
graded and marketed in accordance with the regulations of the
National Florists' Council.
SEC. 4. The following are declared to be unfair practices and unfair
methods of competition for the purpose of the code and shall be
deemed to be a violation of the code subject to the penalties thereto:
(a) The granting of any rebate, premium, or concession for the
purpose of securing business. This shall include the following:
1. Payment of express charges on goods sold.
2. Payment of the cost of telephone and telegraph communications.
3. Payment of cost of packing boxes.
4. Unwarranted discounts and delivery of larger amounts of goods
than appear upon the order.
(b) Special understandings with customers relative to entry of
orders immediately prior to general advances in price.
(c) Selling of flowers or potted plants without regard to the grading
regulations set forth by the National Florists' Council.
(d) Publication of any false, untrue, or deceptive statement by
bulletin or advertising concerning the grade, quality, quantity, char-
acter, and nature of any flowers or potted plants kept for sale.
(e) The improper marking or labelling of any flowers or potted
plants for the purpose of misleading or deceiving purchasers.
(f) Publication, dissemination, or circulation of any false or mis-
leading information relative to any product of any member of the
industry, or any misleading statement relative to the credit standing,
or ability of any member of the industry to perform any work or
produce any product.
(g) Aiding or abetting any firm, association, or corporation in any
(h) Inducing or attempting to induce by any means whatsoever
the breach of existing contracts between competitors and their
customers by false or deceptive means.
ARTICLE VII--AMEN DM E NTS-TERMINATION
SECTION 1. The code may be amended, modified, or revised by the
National Florists' Council by and with the consent of the President
whenever any such change shall be necessary.
SEC. 2. The code shall continue in effect for a period of 90 days
after the effective date of the code and thereafter until termination
as hereinafter provided. This code shall cease to be in effect at the
expiration of two years after date of the enactment of the National
Recovery Act, or at any time before that date if the President of the
United States shall by proclamation declare the emergency has ceased
ARTICLE VIII-GENERAL PROVISIONS
SECTION 1. No provisions in this agreement shall be interpreted
or applied in such manner as to:
(a) Promote monopolies.
(b) Permit or encourage unfair competition.
(c) Eliminate or oppress small enterprises.
(d) Discriminate against small enterprises.
SEC. 2. The effective date of this code shall be --------------
Submitted by the Floral Industries of The United States.
Digitized by the Inlernet Archive
in 2011 with luiidinig from
University of Florida. George A. Smathers Libraries. wih support from LYRASIS and the Sloan Foundation
htlp: www.arclhive.org details codeoffaircompel5697unit
UNIVERSITY OF FLORIDA
3 1261121111 I08728 5697 111111
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