UNIVERSITY OF FLORIDA
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3 1262 08486 7745
Registry No. 1026-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON OCTOBER 3, 1933
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WE DO UR PART
1. Executive Order
2. Letter of Transmittal
UNIV. OF FL Li.
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GOVERNMENT PRINTING OFFICE
WASHINGTON : 1133
Si ber the Suaperhalndent of Douoments, Washington. D.C. -- -
- Price 5 cents
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
and 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 Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: Room 406, 421 West Market Street.
Memphis, Tenn.: 266 South Water Street
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.: Room 812, 20 South Fifteenth Street.
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.: 1406 Vance Building.
CODE OF FAIR COMPETITION FOR THE LIME 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 Lime Industry, and hearings having been
held thereon and the Administrator having rendered his report con-
taining 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 subsec-
tion (a) of Section 3 of the said Act have been met.
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 the findings and approve the report and recom-
mendations of the Administrator and do order that the said Code of
Fair Competition be and it is hereby approved, subject to the follow-
(1) The National Lime Association shall, as soon as practicable,
amend its bylaws by repealing that provision which requires that
election to membership therein is dependent upon the nomination by
two members and upon the majority vote of the Board of Directors
of that Association.
FRANKLIN D. ROOSEVELT.
TiE WHITE HOUSE,
October 3, 1933.
HUGH S. JOHNSON,
SEPTEMBER 15, 1933.
The White House.
MY DEAR MR. PRESIDENT: I have the honor to submit and recom-
mend for your approval the Code of Fair Competition for the Lime
The following exhibits are included or attached:
1) Final Code Submitted.
2Notice of Hearing.
3 Statement of Procedure.
4 Transcript of the Records.
5) Statistical Analysis of the Division of Economic Research
(6) Report of Deputy.
An analysis of the provisions of the Code has been made by the
Administration. I find that the Code complies with the require-
ments of Clauses 1 and 2, Subsection (a) of Section 3 of the National
I am, my dear Mr. President,
Very sincerely yours,
HUGH S. JOHNSON,
CODE OF FAIR COMPETITION FOR THE LIME INDUSTRY
To effectuate the policy and purposes of the National Industrial
Recovery Act the following provisions are submitted as a Code of
Fair Competition for the Lime Industry; and, upon approval by the
President, shall be the standard of fair competition for this Industry.
SECTION 1. The term "Lime Industry means the manufacture for
sale of quicklime and such of its allied products as are natural
SEC. 2. The term "employee shall mean any person employed
in any phase of the Lime Industry, in any capacity, in the nature
of employee irrespective of the method of payment of his com-
SEC. 3. The term employer shall mean anyone for whose benefit
such an employee is so engaged.
SEm. 4. The term "manufacturer" shall include any member of
the Lime Industry who shall be subject to this Code.
SEO. 5. The term district ", unless the context otherwise requires
shall mean a Lime Industry District established in Schedule "A" of
ARTICLE II-LABOR PROVISIONS
SECTION 1. Employees shall have the right to organize and bargain
collectively 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; 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;
employers shall comply with the maximum hours of labor, minimum
rates of pay, and other conditions of employment, approved or pre-
scribed by the President.
SEC. 2. Working Hours.-On and after the effective date no em-
ployee (except outside salesmen) shall work in excess of eight (8)
hours in any one day or in excess of forty (40) hours in any week;
provided, however, that these limitations shall not apply in periods
of seasonal peak demand or in the event of lack of storage facilities,
or emergencies, but in no event shall the total working hours of
any employee, averaged over a six (6) months' period, exceed forty
(40) hours per week. All overtime work in excess of eight (8) hours
per day shall be paid for at not less than one- and one-half times
the hourly rate. These maximum hours shall not apply to foremen,
superintendents, managers, officials, or others compensated on a
regular salary basis in excess of $35.00 per week.
SEC. 3. Rates of IWages.-On and after the effective date, the mini-
mum rate of wages for employees, excluding accounting, clerical,
and office employees, shall not be less than thirty (30) cents per
hour in all territory south of the northern boundary of Virginia,
Tennessee, Arkansas (including the manufacturing section known
as Southwestern Missouri), Oklahoma, New Mexico, and Arizona
and in all other territory the minimum wage rate shall be not less
than 371/ cents per hour. There shall be an equitable readjustment
of compensation now in excess of the minimum wages herein estab-
On and after the effective date, the minimum rate of wages for
accounting, clerical, or office employees shall be not less than $15.00
per week in any city of over 500,000, or in the innmmediate trade area
of such city; $14.50 per week in any city of between 250,000 and
500,000 population, or in the immediate trade area of such city;
$14.00 per week in any city of between 2,500 and 250,000 popula-
tion, or in the immediate trade area of such city; and $12.00 per
week in towns of less than 2,500 population. Population shall be
determined by the 1930 Federal census.
Employees who by reason of old age or physical infirmities are
incapable of normal productive effort may be compensated at a rate
not less than 80 percent of the foregoing minimum rates of pay,
but the number of such employees shall not exceed 5 percent of
the total number of employees from time to time employed.
SEC. 4. Prohibition of Child Labor.-On and after the effective
date, employers shall not employ any person under the age of sixteen
SECTION 1. Uniform Cost Accounting.-The Trade Relations Com-
mittee (hereinafter described in Article V hereof) upon reasonable
notice to the District Control Committees and acting upon their
recommendations, shall immediately prepare and adopt for use in
the Industry, and shall submit to the Administrator for his ap-
proval not earlier than ten (10) days after submitting the same to
each District Control Committee (hereinafter described in Article V
hereof), a standard uniform system or method of cost accounting.
Upon such approval by the Administrator all manufacturers shall
maintain at all times an accurate record of all costs in accordance
with such system or methods or in such other manner as will clearly
indicate and make available the information required thereby. Such
system or method shall specify the items which shall be included
in determining each manufacturer's cost.
SEC. 2. Standard Form.s.-Each District Control Committee, in
cooperation with the Trade Relations Committee, shall prepare
immediately standard forms for quotations and contracts for use by
manufacturers producing in the district to the end of standardizing
such forms as far as possible in all districts, which forms shall
specify the terms and conditions under which quotations and con-
tracts for sale shall be made. When so prepared and approved by
thb District Control Committees, copies of such forms shall be sent
to the Trade Relations Committee, and shall be submitted by it to the
Administrator for his approval. Upon the Administrator's approval
thereof, no manufacturer in any district shall quote or sell lime or
lime products on terms or conditions at variance from those specified
in the forms approved for that district.
Smc. 3. Methods of Selling.
(a) Establishment of Basing Points.-The practice of determining
delivered prices for lime in given markets, by the utilization of a
basing point or points, plus the prevailing rail freight rates, has been
a long-standing custom in the Industry.
Each District Control Committee (hereinafter in this Code pro-
vided for) may establish for its district a basing point or points
(and change or revise the same from time to time as conditions war-
rant), which basing point or points shall be fair and reasonable as
to all interested parties; provided, that in the event no such District-
Control Committee shall have been elected in any district within
twenty days after the effective date of this Code, then such basing
point or points shall be established for such district by the Trade
Relations Commitee acting upon the recommendations of the manu-
(b) Weighted Average District Costs.-Each District Control
Committee shall determine within its own district, and from time to
time revise and promulgate for the guidance of the Industry, the
weighted average cost of each industry product manufactured in
such district. Such cost shall be based upon the costs of individual
manufacturers, as provided for in Section I of this Article. In case
of a district having no District Control Committee the manufactur-
ers in such district shall report to the Trade Relations Committee,
or its designated agency, necessary data to enable the Trade Rela-
tions Committee to determine weighted average costs for each in-
dustry product manufactured in such district, and the Trade Rela-
tions Committee shall determine such costs and promulgate the same
for the guidance of the Industry. Such average costs shall be sub-
ect to the approval of the Administrator and the substantiating
ata shall be open to his inspection at all times. Such determination
of cost shall be made in such manner that individual figures are kept
confidential and shall not be available to competitors.
After such average cost of each industry product is so determined
for any district, no manufacturer in the industry shall sell any such
industry product for delivery in such district at less than such aver-
age cost, plus basing rail freight. Any sale in any such district by
any manufacturer at less than such average cost, plus basing rail
freight, shall be an unfair method of competition.
c) Prie Publication.-Each manufacturer in the industry shall,
within ten (10) days after the effective date of this Code, file with
the District Control Committees a list showing the basing point
prices, and terms and conditions of sale for each of the products
offered for sale in each district by such manufacturer and after the
expiration of such ten-day period, every manufacturer shall at all
times maintain on file with the District Control Committees a list
showing the basing point prices and terms and conditions of sale
except as herein provided. Each such list shall state the date upon
which it shall become effective, which date shall not be less than
five (5) days after the date of filing such list; provided, however,
that the first list of prices and terms and conditions of sale filed by
any manufacturer, as above provided, shall take effect on the date
of filing thereof. None of the prices and terms and conditions of
sale shown in any list filed by any manufacturer, as herein provided,
shall be changed except by the filing by such manufacturer with the
District Control Conunittee of a new list of basing point prices and
terms and conditions of sale which shall become effective on the
effective date therein specified, which shall not be less than five (5)
days after the date on which such new price list and terms and condi-
tions of sale shall have been so filed. In case any district shall not
have elected a District Control Committee, then the manufacturers
selling within such district shall file their prices and terms and condi-
tions of sale for such district with the Trade Relations Committee in
the same manner and under the same conditions as those above stated
for filing with the District Control Committees.
All such price lists and terms and conditions of sale filed with
the District Control Committee shall be immediately distributed
among the manufacturers within the district, and a copy filed with
the Trade Relations Committee and all such price lists and terms
and conditions of sale filed with the Trade Relations Committee
shall be immediately distributed to all manufacturers in the Industry
In the event that any manufacturer shall not receive sufficient
notice of the filing by any other manufacturer of revisions in such
other manufacturer's prices or terms and conditions of sale, as will
enable him to meet such revisions of such other manufacturer on the
effective date thereof, then if such manufacturer shall file with the
appropriate committee such revisions in his prices and terms and con-
ditions of sale as may be required to meet the revisions filed by such
other manufacturer, within forty-eight hours after receipt of notice
thereof, the revisions so filed by such manufacturer shall become
effective on the same date as the revisions of such other manufac-
turer, or if they be already effective, shall become effective
The failure of any manufacturer to adhere to his prices, terms,
and conditions of sale, filed as herein provided, and any other devi-
ation from the provisions of this section, shall be an unfair method
(d) Reports for the President.-The Trade Relations Committee
shall, prior to the expiration of the four-month period herein below
specified, make to the President a report and recommendations as
to the effect of the basing point and average cost provisions of this
Code upon prices in the industry, upon such other matters as it may
deem pertinent to properly inform the President upon the operations
of this section, and upon such matters as may be requested by the
President or the Administrator.
The foregoing provisions with regard to basing points and aver-
age costs herein above described are experimental and tentative so
far as this Code is concerned, and shall continue in effect for a period
of four months after the effective date of this Code in order to afford
the President an opportunity to determine upon the recommenda-
tions of the representative or representatives appointed by the Ad-
ministrator to the Trade Relations Committee as hereinafter pro-
vided (which recommendations shall be made periodically or as
often as the said representative or representatives deem necessary or
advisable but in any event not later than four (4) months after the
approval date of this Code) and upon the report and recommenda-
tions of the Trade Relations Committee, whether such provisions
will effectuate the purposes of Title I of said National Industrial
Recovery Act and whether such provisions are beneficial or detri-
mental to the industry or to the public; subject, however, to the
reserved power of the President to cancel or modify his approval
thereof and subject also to the further proviso that the establish-
Sment and revision of the basing points and average costs and the
operation of the foregoing provisions as to basing points and as to
average costs shall at all times and in any particulars be subject to
the review and disapproval of the Administrator. The President
or the Administrator may call upon all manufacturers in the in-
dustry for such data and information as they may consider helpful
for the foregoing purposes. Subject to the exercise at any time of
any powers hereinbefore reserved to the President or the Admin-
istrator, the provisions of this section shall continue in effect as a
part of this Code after the expiration of said four months' period.
Information of a confidential nature shall be collected through a
confidential agency and be handled in such a way that the individual
costs, profits, and other like data will not be reflected in any report
or publication or made available to other members of the Industry.
ABmTIn IV-UNFAra METHODS OF COMPETITION
SECTION 1. Departure from Agreed Working Conditions.-The
paying of lower than the minimum wages herein prescribed, or the
exaction of hours of labor in excess of the maximum herein pre-
scribed, shall be an unfair method of competition.
SEC. 2. Selling Below Cost.-In addition to the restrictions con-
tained in Subsection (b) of Section (3) of Article III, it shall be
an unfair method of competition for any manufacturer of lime or
lime products to sell below his cost as defined in the standard uniform
cost accounting system or method to be established for the industry
as herein provided, except to meet a well-established competitive
delivered market price for a product of similar grade and quality. If
any manufacturer shall believe that any other manufacturer is sell-
ing at less than cost to meet an established delivered price, but that
in the particular case such selling below cost constitutes an unfair
marketing practice, such manufacturer shall have the right to file a
written complaint with the Trade Relations Committee. The Trade
Relations Committee upon receipt of such complaint shall cause to
be made an appropriate investigation by such confidential agency as
it may designate, which confidential agency shall make a full report
thereon to the Administrator and shall file a summary of its con-
clusions with the Trade Relations Committee. The Administrator,
upon receipt of such report shall, in cooperation with the Trade
Relations Committee, take such further action thereon as he may
deem appropriate, and shall have the power to direct the manufac-
turer or manufacturers concerned to correct any such unfair market-
ing practice found to exist.
SEC. 3. Commercial Bribery.-To give or permit to be given to the
agents, employees, or representatives of customers, or prospective
customers, or to agents, employees, or representatives of competitors'
customers or prospective customers, money or anything of value as
an inducement to cause their employers or principals to purchase or
contract to purchase industry products, or to influence such em-
ployers or principals to refrain from dealing or contracting to deal
with competitors, shall be an unfair method of competition.
SEC. 4. Rebates, Subsidies, etc.-To make allowances, such as
bonuses, rebates, refunds, credits, unearned discounts, or subsidies of
any kind, whether in the form of money, services, advertising, or
otherwise for the purpose of securing business, shall be an unfair
method of competition.
SEC. 5. Lwnp Sum Bids and Contracts.-To submit a bid or bids
for two or more commodities, one of which is lime or a lime product
in which the unit price of each commodity is not clearly stated, shall
be an unfair method of competition. Accepting orders or contracts
for sale at a lump sum where the contract does not specify the exact
quantity, quality, and unit price of the product purchased shall be
an unfair method of competition.
SEC. 6. Combination SaZes.-No manufacturer shall sell or offer to
sell commodities other than lime or lime products at prices below the
current price list established therefore by such manufacturer in order
to influence the sale of his lime or lime products. Any violation of
this provision shall be an unfair method of competition.
SEc. 7. Inducing Breach of Contract-To willfully interfere with
any existing contract between any other manufacturer and a whole-
saler, retailer, consumer, or other party, involving or relating to the
sale of industry products, such interference being for the purpose
or with the effect of dissipating, destroying, or appropriating, in
whole or in part, the business represented by such contracts, shall be
an unfair method of competition.
SEO. 8. Defamation of Competitors.-To defame or disparage a
competitor, directly or indirectly by words or acts which untruth-
fully call in question his business integrity, his ability to perform his
contracts, his credit standing or the quality of his product, shall be
an unfair method of competition.
SEC. 9. Use of Old Packages.-The sale by a lime manufacturer to
any purchaser of bulk lime which he knows is for purposes of resale
in containers, shall be an unfair method of competition.
SEC. 10. Misrepresentation.-To sell or offer for sale any industry
product for the purpose or with the effect of deceiving customers or
prospective customers as to the quantity, quality, or grade of such
products, shall be an unfair method of competition.
SEC. 11. False Branding.-Marking, branding, and labeling prod-
ucts and making statements regarding products, the purpose or effect
of which may be to mislead or deceive purchasers as to the quantity,
quality, grade, or substance of the goods purchased, shall be an
unfair method of competition.
SEC. 12. Imitation of Trade Marks.-To imitate or to simulate the
trade mark, trade name, package, brand, or label of a competitor in
such degree as to deceive, or have a tendency to deceive, customers
shall be an unfair method of competition.
SEC. 13. Consigned Goods.-The shipping of lime or lime products
on consignment shall be an unfair method of competition.
SEC. 14. Transactions with Jobbers, Distributors, or Brokers.-It
shall be an unfair method of competition for any manufacturer to
create or enter into relations with any jobber, distributor, or broker
except subject to the condition that such jobber, distributor, or
broker shall agree to be bound by all the applicable provisions of this
Code relating to the sale of the various types of lime.
SEc. 15. Definition of Jobber, Distributor, or Broker.-A jobber,
distributor, or broker is hereby defined as any person, firm, or cor-
poration (not a retail dealer) who is engaged m selling lime or lime
products, either exclusively or with other materials, to retailers
and/or consumers with whom he is not connected or related in
SEC. 16. Shipments uwithbut Orders.-To make shipments, other
than those involving mere transfers of material to the warehouses
or plants of the shipper, without in each case having an order from
the customer for the shipment at the time of making same, shall be
an unfair method of competition.
SEc. 17. Protected Contracts.-All bona fide contracts, and/or
orders for shipment for specific jobs taken before or after the effec-
tive date of this Code may be protected at the price at which the
contract and/or order was taken and materials sold under such pro-
tection shall be applied only on the contract and/or order for which
the protection was given. Any shipment contrary to this provision
shall be an unfair method of competition.
SEC. 18. Duration of Agreememts.-(a) Except where otherwise
necessary to meet governmental bid requirements, no manufacturer
shall make any quotation which shall not expire within fifteen (15)
days from date of quotation; provided, however, that any such quo-
tation may be specifically renewed.
(b) Chemical Lime.-No manufacturer shall contract or agree to
furnish chemical lime or chemical-lime products to any purchaser
for more than a calendar quarter-annual period; nor shall he make
any quotation, contract, or agreement for the sale of such products
for any such calendar quarter-annual period, prior to the first day
of the last month of the immediately preceding calendar quarter-
(c) Building Lime.-In instances where building lime is sold for
specific jobs in lieu of making specific job contracts with dealers and
processors, a purchase order at the prevailing price will be consid-
ered as a sufficient binding contract with the provision that if the
price advances at any time, a specific job contract will be written
within thirty (30) days after the price advance at the price pre-
vailing at the date of the purchase order for the amount of lime
Specific job contracts must be supported by the dealer's original
order and record of prior deliveries and the contractor's written esti-
mate of the balance required for completion. Where no specific job
contract is made within 30 days after the price advance, then such
jobs must take the advanced price.
(d) Agricultural Lime Products.-No manufacturer shall con-
tract or agree to furnish agricultural lime or agricultural lime prod-
ucts to any purchaser for more than a calendar semiannual period,
nor shall he make any quotation, contract, or agreement for the
sale of such product for any such calendar semiannual period, prior
to the first day of the month immediately preceding such calendar
(e) Government, State, County, and Municipal Requirements.-
No manufacturer shall submit a bid prior to ten days before the
date specified for the opening of bids, and, unless a longer period
therefore is specified in the proposal or by applicable law, every such
bid shall specify that it shall be void if award shall not be made
and contract executed within 30 days after date of the opening of
bids; and only calendar quarterly contract shall be accepted, unless
otherwise specified in the proposal or by applicable law.
Any deviation from the provisions of this section shall be an
unfair method of competition.
SEC. 19. False Classification.-The classification of lime or lime
products for the purpose of determining freight charges thereon
different from the classification adopted by the industry and accepted
by the rail carriers, to secure a lower freight rate, shall be an unfair
method of competition.
SEC. 20. Substitution.-The marketing and selling of a product
having superior qualities and higher value, in packages of a recog-
nized inferior and lower-priced product, and so marketing at a lower
price, shall be an unfair method of competition.
SEC. 21. Contingent Sales.-The purchase of materials from a
buyer of lime products, made contingent on the sale of lime by a
member of the industry, shall be an unfair method of competition.
SEO. 22. Splitting of Comm.issions.-The splitting of commissions
or other compensation received by an employee or agent of the
seller, with the buyer, for the purpose or with the effect of influencing
a sale, shall be an unfair method of competition.
SECTION 1. Code Authority.-To effectuate the policies of the Na-
tional Industrial Recovery Act and to provide for administration
of this Code within the industry in cooperation with the Adminis-
trator, the Trade Relations Committee of the National Lime Asso-
ciation, as that committee is from time to time constituted, is hereby
established as a planning and fair-practice agency for the industry.
To this committee the Administrator shall from time to time and
for such periods as he may specify appoint thereto, as his repre-
sentatives, or as representatives of such groups as he may designate,
not more than three members without vote.
The President. or the Administrator may upon complaint and
after such hearing as he may prescribe, take such action as he may
deem necessary to insure that the Trade Relations Committee is
fairly representative of the districts and of the industry as a whole.
SEO. 2. Trade Relations Com mittee.-In addition to the powers
and duties herein specifically conferred upon the Trade Relations
Committee, it shall have the following powers and duties:
(a) The Trade Relations Committee shall have the right to es-
tablish its own rules for the conduct of its business.
(b) In order that the President may be informed of the extent
of observance of the provisions of this Code and of the extent to
which the declared policy of the National Industrial Recovery Act
as stated herein is being effectuated in the Lime Industry, the Trade
Relations Committee shall make such reports as the Administrator
may require, periodically, or as often as he may direct, and each
manufacturer shall, in the manner hereinafter provided, make such
reports, to be sworn or unsworn as the Trade Relations Committee
may specify, periodically or as often as it may direct, concerning
wages, hours of labor, conditions of employment, number of em-
ployees, and other matter pertinent to the purposes of this Code
as the Administrator, through the Trade Relations Committee, may
from time to time require.
Each manufacturer subject to the jurisdiction of this Code and
accepting the benefits of the activities of the Trade Relations Com-
mittee hereunder shall pay to the Trade Relations Committee his
proportionate share of the amounts necessary to pay the cost of
the assembly, analysis, and publication of such reports and data, and
of the maintenance of the said Trade Relations Committee and its
activities. Said proportionate share shall be based upon the total
tonnage of quicklime and hydrated lime manufactured and sold dur-
ing such representative period but not less than one year, as the
Trade Relations Committee may select. The Trade Relations Com-
mittee may designate the National Lime Association or any other
appropriate agency, to assist it in maintaining its accounts, deter-
mining such proportionate shares and in securing the collection
At the option of any District Control Committee, such reports
may be collected and compiled by it for the district. In case any
District Control Committee (as hereinafter provided) or a majority
of the manufacturers in any unorganized district shall require it,
such reports for that district shall be collected through a confidential
agency appointed by such District Control Committee, or, in the
case of an unorganized district, by the Trade Relations Committee.
Such information shall be kept confidential as to individual reports.
The Trade Relations Committee shall compile immediately all
such records in accumulated totals and averages by districts and for
all districts and distribute the same to all members in the industry.
(c) The Trade Relations Committee may, from time to time, pre-
sent to the Administrator recommendations based on conditions in
the industry as they develop from time to time which will tend to
effectuate the operation of the provisions of this Code, and the poli-
cies of the National Industrial Recovery Act, but before any such rec-
ommendations shall be presented to the Administrator they must be
first submitted to all members of the Industry and receive the ap-
proval of members of the industry who in the proceeding year pro-
duced at least sixty percent of the total industry tonnage produced in
(d) The Trade Relations Committee shall cooperate with the Ad-
ministrator in making such investigations as to the functioning and
observance of any provisions of this Code as the Administrator
may request, through such confidential agency or agencies as he may
designate. All information so collected shall be kept strictly confi-
dential except as the same is reported to the Administrator and ex-
cept as may be disclosed by the Administrator for the purpose of
enforcing the provisions of the National Industrial Recovery Act.
(e) In order to facilitate the application and operation of the
provisions of this Code, the Trade Relations Committee may issue
interpretations thereof, subject to an appeal to the Administrator
in the manner hereinafter provided.
(f) The Trade Relations Committee may from time to time ap-
point such subcommittee or designate such agencies, and may dele-
gate to any of them such of its powers and duties, as it shall deem
necessary or proper.
SEC. 3. Lime Industry Districts.-The Industry shall be divided
into "Lime Industry Districts which districts initially established
are set forth in Schedule A to this Code. The Trade Relations Com-
mittee may from time to time revise such districts or any of them,
subject to the approval of the manufacturers within the district or
districts affected, and subject to the approval of the Administrator.
The manufacturers in each district may, at a meeting called for
that purpose on notice to all manufacturers in such district, at which
meeting each manufacturer shall be entitled to one vote, establish
therefore, upon the majority vote of the manufacturers in attendance
at such meeting, a District Control Committee to consist of such
number of members as such manufacturers shall determine. In order
to provide, as far as practicable, and as not otherwise required by
this Code, for the administration of this Code within each district
by the manufacturers therein, the District Control Committee, in
addition to the duties and powers elsewhere in this Code conferred
upon them, shall be charged with the power and duty of supervising
and enforcing the provisions of this Code within their respective
districts and may make such investigations as may be necessary for
All information necessary for any such investigation shall be
reported to a confidential agency selected by the District Control
Committee and shall be kept confidential except when a violation of
this Code is thereby disclosed.
Each District Control Committee may consider and prepare uni-
form merchandising plans to be recommended to the Trade Relations
Committee containing such provisions as may be deemed necessary
or proper to insure fair selling methods by the manufacturers in the
district and to prevent unfair competitive practices, and to consider
and prepare for recommendation to the Trade Relations Committee
any system of standardization of products necessary or advisable
to insure fair selling methods, and to advise with the Trade Rela-
tions Committee upon any other matter pertinent to the purposes or
administration of this Code.
SEC. 4. Amendments.-Such of the provisions of this Code as are
not required to be included therein by the National Industrial Re-
covery Act may, with the approval of the President, be modified or
eliminated as changes in the circumstances or experience may indi-
cate. It is contemplated that from time to time supplementary
provisions to this Code or additional Codes will be submitted for
the approval of the President to prevent unfair competition in price
and other unfair and destructive competitive practices and to effec-
tuate the other purposes and policies of Title I of the National In-
dustrial Recovery Act consistent with the provisions thereof.
SEa. 5. Appeals.-(a) Any interested party shall have the right
of complaint to the appropriate District Control Committee and
of a prompt hearing and decision thereon in respect of any decision,
rule, regulation, or course of action of such District Control Com-
mittee. Such complaint must be filed in writing with such District
Control Committee within 30 days after receiving notice of such
decision, rule, regulation, or course of action. The decision of such
District Control Committee may be appealed by any interested party
to the Trade Relations Committee.
(b) Any interested party shall" have the right of complaint to the
Trade Relations Committee and of a prompt hearing and decision
thereon in respect of any decision, rule, regulation, or course of
action of the Trade Relations Committee. Such complaint must be
filed in writing with the Trade Relations Committee within a reason-
able time after such decision, rule, regulation, or course of action
is issued or taken.
(c) Any interested party shall have the right of appeal to the
Administrator, under such rules and regulations as he may pre-
scribe, in respect of any decision, rule, regulation, or course of action,
issued or taken by the Trade Relations Committee.
(d) Any such complaint or controversy or any other question aris-
ing under this Code may, however, be submitted by the interested
parties to arbitration under the Rules of the American Arbitration
Association, and, in case of any submission to such arbitration, the
decision of the arbitrators shall be final.
SEC. 6. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provision of Subsection (b) of Sec. 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
SEC. 7. Within each state, members of the trade/industry shall
comply with any laws of such state imposing more stringent require-
ments, regulating the age of employees, wages, hours of work, or
health, fire, or general working conditions, than under this Code.
SEC. 8. By assenting to this Code, the members of the Lime Indus-
try do not thereby consent to any modification thereof and they
reserve the right to object individually or jointly to any such
SEc. 9. This Code shall become effective on the tenth day after
the date of its approval by the President.
LIME INDUSTRY DISTRICTS
District 1: Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
Rhode Island, and that portion of New York east of the 77th meridian.
District 2: New Jersey, Delaware, Maryland, and that portion of Pennagl-
vania east of the 77th meridian.
District 3: West Virginia and that portion of New York and Pennsylvania
west of the 77th meridian.
District 4: Virginia, North Carolina, and South Carolina.
District 5a: The Ohio hydrated finishing lime plants and factories located In
the state of Ohio, composed of the following: Herzog Lime & Stone Co., Bop'
Ohio, Kelley Island Lime & Transport Co., White Rock, Gibsonburg, and TIlf,
Ohio; National Gypsum Company, Luckey, Ohio; National Lime & SEtonp Go.,
Carey, Ohio; National Mortar and Supply Co., Gibsonburg, Ohio; Ohio Hydrate
& Supply Co., Woodville, Ohio; Washington Building Lime Co., Wo68lvle,
Ohio; Woodville Lime Products Co., Woodville, Ohio; United States Gypsum
Co., Genoa, Ohio; Gibsonburg Lime Products Co., Gibsonburg, Ohio.
District 5b: State of Ohio, except the hydrated finishing lime plants described
In District 5a above.
District 6: Michigan.
District 7: Illinois, Indiana, and that portion of Missouri east of the 98rd
District 8: Wisconsin.
District 9: North Dakota, South Dakota, Minnesota, and Iowa.
Districts 10 & 11: Kentucky, Tennessee, Mississippl, Alabama, Georgia, and
Louisiana east of the Mississippi River, Florida.
District 12: Nebraska, Kansas, Oklahoma, Arkansas, Louisiana west of the
Mississippi River, and that portion of Missouri west of the 93rd meridian.
District 13: Texas.
District 14: Washington, Oregon, Idaho, Montana, and Wyoming.
District 15: California, Nevada, Utah, Arizona, Colorado, and New Mexico.