l.: ,Approved Code No. 84-Supplement No. 43
Registry No. 1018-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
VITREOUS ENAMELED WARE
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON JULY a2. 1934
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GOVERNMENT PRINTING OFFICE
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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 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.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Bui:ding.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Buiding.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 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 Office Building.
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Approved Code No. 84-Supplement No. 43
SUPPLEMENTARY CODE OF FAIR COMPETITION
VITREOUS ENAMELED WARE MANUFACTURING
As Approved on July 22, 1934
APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE
VITREOUs ENAMELED WARE MANUFACTURING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and in accordance with the
provisions of Section 1 of Article VI of the Basic Code for the
Fabricated Metal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved November 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Vitreous
Enameled Ware Manufacturing Industry, and hearing having been
duly held thereon; and the annexed report on said Supplementary
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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Supplementary 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 Supplementary Code of Fair Competition be and it is
hereby approved; provided, however, that the provisions of Article
V, Rule A, insofar as they prescribe a waiting period between the
filing with the Supplementary Code Authority (or such agency as
may be designated in the Supplementary Code) and the effective
date of price lists, as originally filed and/or revised price lists or
revised terms and conditions of sale, be and they hereby are stayed
pending my further Order.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BARTON W. MURRAr,
WASHINGTON, D. C.,
July 22, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Supplementary Code of Fair Compe-
tition for the Vitreous Enameled Ware Manufacturing Industry
a division of the Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating Industry, the hearing having
been conducted thereon in Washington, D.C., March 9, 1934, in ac-
cordance with the provisions of Title I of the National Industrial
The Vitreous Enameled Ware Manufacturing Industry being
truly representative of this division of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
has elected to avail itself of the option of submitting a Supple-
mentary Code of Fair Competition, as provided for in Section 1
of Article VI of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Finishing and Meal Coating Industry
approved by you on the second day of November, 1933.
RESUME OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the Sup-
Article III. This Industry is a division of the Fabricated
Metal Products Manufacturing and Metal Finishing and Metal
Coating Industry and the labor provisions of its Basic Code, as
approved November 2, 1933, are the labor provisions of this Sup-
Article IV establishes a Supplementary Code Authority consisting
of five (5) members to be elected by the members of the Industry
at a meeting called by the Temporary Supplementary Code Com-
mittee, and gives the Administrator the authority to appoint one
additional member without vote and provides machinery for obtain-
ing statistics and the administration of the Supplementary Code.
Article V sets forth the unfair trade practices of this Supple-
mentary Code which has been especially designed to offset unfair
competition in this division of the Industry.
Article VI contains the mandatory provisions contained in Sec-
tion 10 (b) and also provides for the submission of proposed amend-
ments to the Supplementary Code.
Article VII provides against monopolies and monopolistic
Article VIII recognizes that price increases- be limited to actual
additional increases in the seller's costs.
Article IX states the effective date and duration of this Supple-
The Assistant Deputy Administrator in his final report to me
on said Supplementary Code having found as herein set forth and
on the basis of all the proceedings in this matter:
I find that:
(a) Said Supplementary 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 organi-
zation of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity-of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Supplementary Code as approved complies in all re-
spects with the pertinent provisions of said Title of said Act, in-
cluding without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, and Subsection (b) of Section 10 thereof; and
that the applicant Council is an industrial Council truly represen-
tative of the aforesaid Industry; and that said Council imposes no
inequitable restriction on admission to membership therein.
(d) The Supplementary Code is not designed to and will not per-
mit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and witl not
eliminate or oppress small enterprises and will not operate to dis-
criminate against them.
(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
For these reasons, therefore, I have approved this Supplementary
Code; provided, however, that the provisions of Rule "A" of
Article V insofar as they prescribe a waiting period between the
filing with the Supplementary Code Authority (or such agency as
may be designated in the Supplementary Code) and the effective
date of price lists, as originally filed and/or revised price lists or re-
vised terms and conditions of sale, be and they hereby are stayed
pending my further Order.
HUGH S. JOHNSON,
JULY 22, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE VITREOUS ENAMELED WARE MANUFACTURING
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Supple-
mentary Code of Fair Competition for the Vitreous Enameled Ware
Manufacturing Industry, pursuant to Article VI of the Basic Code
of Fair Competition for the Fabricated Metal Products Manufactur-
ing and Metal Finishing and Metal Coating Industry approved by
the President of the United States on the second day of November
1933, and the provisions of this Supplementary Code shall be the
standards of Fair Competition for such Industry and shall be binding
upon every member thereof.
The term "Vitreous Enameled Ware Manufacturing Industry"
hereinafter referred to as the Industry, is defined to mean the manu-
facture for sale of sheet metal utensils, coated with vitreous enamel
and used in homes, hospitals, hotels and restaurants, and butcher
shops or otherwise.
The term member of the Industry ", as used herein, includes, but
without limitation, any individual, partnership, association, corpora-
tion or other form of enterprise engaged in the Industry either as
an employer or on his or its own behalf.
The terms "President", "Act", and "Administrator ", as used
herein, shall mean, respectively, the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery under said Act.
The term "Basic Code", as used herein, is defined to mean the
Basic Code of Fair Competition for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry, as
approved by the President on the second day of November 1933.
The term "Basic Code Authority ", as used herein, is defined to
mean the Executive Committee of the Fabricated Metal Products
The term "Council", as used herein, is defined to mean the Vit-
reuiis Enameled Ware Council or its successor.
The term Supplementary Code Authority", as used herein,
means the agency which is to administer this Supplementary Code
as hereinafter provided.
The term Duly Authorized Agent" or "Agent" of the Supple-
mentary Code Authority, as used herein, is defined to mean the Com-
missioner of the Vitreous Enameled Ware Council, or his successor
in office, or such other person as the Supplementary Code Authority
may designate. Said Agent, in order to qualify as such, shall be
entirely free from any interest in or connection with any company
engaged in the manufacture or sale of the products of the Industry.
The term Federation ", as used herein, is defined to mean the
Fabricated Metal Products Federation or its successor.
ARTICLE III-EMPLOnYENT PROviSIONs
This Industry is a division of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry,
and without limitation the wage, hour, and labor provisions in
Article III of its Basic Code as approved by the President Novem-
ber 2, 1933, including Section 1 of said Article III by which the
provisions of Subsections (1), (2) and (3) of Section 7 (a) of
Title I of the Act are made conditions of this Code, are specifically
incorporated herein and made a part hereof as the wage, hour, and
labor provisions of this Supplementary Code.
ARTICLE IV-ORGANIZATION AND ADMINISTRATION
SEcTION 1. During the period not to exceed sixty (60) days fol-
lowing the effective date, the Duly Authorized Agent shall consti-
tute a temporary Supplementary Code Authority until the Supple-
mentary Code Authority, consisting of five (5) members, is elected
by the members of the Industry assenting to this Supplementary
Code, as hereinafter provided, at a meeting called by the temporary
Supplementary Code Authority, upon ten (10) days' notice sent by
registered mail to all members of the Industry, whose names may
be ascertained after a diligent search, who may vote either in person
or by proxy. The members of the Supplementary Code Authority
shall serve for a period of one year from the date of their election
and subsequent elections shall be on the same basis as above provided.
Immediately after the annual election of said Supplementary Code
Authority, the members thereof shall appoint a Duly Authorized
Agent to administer the provisions of this Supplementary Code.
The members of the Supplementary Code Authority shall be elected
in the following manner: One (1) member, who shall be a member
of the Industry, not a member of the Council (provided there are
such members of the Industry who are not members of the Council),
to be elected by a majority vote of the qualified members of the
Industry who are not members of the Council, present in person or
by proxy, each member to have one vote. Such one member to be
nominated by the members of the Industry who are not members of
Four (4) members, who are members of the Industry and members
of the Council, to be elected by a majority vote of the qualified
members of the Industry who are members of the Council present in
person or by proxy, each member to have one vote. Such four mem-
bers to be nominated by the members of the Council.
A vacancy in the membership of the Supplementary Code Author-
ity shall be filled by a majority vote of the remaining members of
the Supplementary Code Authority; provided, however, that the
member of the Supplementary Code Authority who is chosen to fill
such vacancy shall be elected from the class of membership in which
the vacancy has occurred.
In addition thereto, the Administrator may appoint a member of
the Supplementary Code Authority who, without vote, shall serve
without expense to the Industry unless the Supplementary Code
Authority agrees to pay such expenses. The representative who may
be appointed by the Administrator shall be given reasonable notice
of and may sit at all meetings of the Supplementary Code Authority.
SECTION 2. The Trade Associations directly or indirectly partici-
pating in the selection or activities of the Supplementary Code Au-
thority shall (1) impose no inequitable restrictions on admission to
membership and (2) submit to the Administrator true copies of their
Articles of Association, By-Laws, 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 3. In order that the Supplementary 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 thereafter
if he shall find that the Supplementary Code Authority or its Agent
is not truly representative or does not in other respects comply with
the provisions of the Act, may require an appropriate modification of
selection of the Supplementary Code Authority.
SECTION 4. It being found necessary in order to support the
administration of this Supplementary Code and to maintain the
standards of fair competition established hereunder and to effectuate
the .policy of the Act, the Supplementary Code Authority is
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shill be held in trust for the purposes of the Supplementary Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry, and
to that end, if necessary, to institute legal proceedings therefore in
its own name.
Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Supplementary
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Supplementary
Cede and contributing to the expenses of its administration as here-
inabove provided, shall be entitled to participate in the selection of
members of the Supplementary Code Authority or to receive the
benefits of any of its voluntary activities or to make use of anij
emblem or insignia of the National Recovery Administration.
The Supplementary Code Authority shall neither incur nor pay
any obligation in excess of the amount thereof as estimated in its
approved budget, except upon approval of the Administrator; and
no subsequent budget shall contain any deficiency item for expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approved.
SECTION 5. The Supplementary Code Authority, through its Duly
Authorized Agent, is hereby constituted the agency to administer
the provisions of this Supplementary Code and shall have all of the
powers which shall be necessary and proper to enable it to fully
administer this Supplementary Code and to effectuate its purposes.
The Supplementary Code Authority, through its Duly Authorized
Agent, shall have the following further powers and duties:
(a) To insure the execution of the provisions of the Supple-
mentary Code and provide for the compliance of the Industry with
the provisions of the Act.
(b) To adopt By-Laws and Rules and Regulations for its pro-
cedure and for the administration of the Supplementary Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Supple-
mentary Code. In addition to information required to be submitted
to the Supplementary Code Authority, members of the Industry
subject to this Supplementary Code, shall furnish such statistical
information as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act to such Federal and Stat -
agencies as he may designate; provided that nothing in this Sup-
plementary Code shall relieve any member of the Industry of any
existing obligations to furnish reports to any Government agency.
No individual report shall be disclosed to any other member of the
Industry or any other party except to such other Governmental
agencies as may be directed by the Administrator.
(d) To use such agencies as it deems proper for the carrying out
of any of its activities provided for herein, provided that nothing
herein shall relieve the Supplementary Code Authority of.its duties
or responsibilities under this Supplementary Code and that such
agencies shall at all times be subject to and comply with the'provi-
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Supplementary Code with
such other codes, if any, as may be related to the Industry.
(f) To appoint a Trade Practice Committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this code and under such other codes
to the end that such fair trade practices may be proposed to the
Administrator as amendments to this code and such other codes.
(g) To furnish from time to time to the Basic Code Authority
designated in said Basic Code, such information as may be required
to be furnished under the terms of the Basic Code. )
(h) To appoint, within one month after the effective date 61 this
Supplementary Code, a committee so constituted as to give due&con-
summer and Governmental representation, to make a study, with a
view to the establishment of classifications and standards of quality
and the labeling of products of the Industry wherever such standards
are deemed feasible. The findings and recommendations of this
committee shall be submitted to the Administrator, within one year
after the effective date of this Supplementary Code, and after such
hearings as he may designate, and upon approval by him shall be
made a part of this Supplementary Code and be binding upon every
SECTION 6. To the extent permitted by the Act and pursuant to
such rules and regulations as the Administrator may prescribe any
and all information furnished to the Supplementary Code Authority
by any members of this Industry pursuant to the provisions of this
Supplementary Code shall be subject to verification by an Impartial
Agent appointed by the Supplementary Code Authority, and each
member of the Industry shall furnish to such Impartial Agent so
much of his pertinent books, accounts and records as may be re-
quired to verify the accuracy of the information submitted.
SECTION 7. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Supple-
mentary Code Authority to the Administrator within six (6) months
after. the effective date of this Supplementary Code.
.. Sdecro 8. Complaints made by members of the Industry to the
Agent of- the Supplementary Code Authority, of alleged violations
of any of the provisions of this Supplementary Code, shall be made
In the event of a complaint being registered against any corporate
member of the Industry, alleging a violation of this Supplementary
Code, the Supplementary Code Authority may cause an investiga-
tion to be made by a person mutually agreed upon by the Supple-
mentary Code Authority and the member of the Industry against
whom the complaint is filed, or, if they are unable to agree within
a reasonable time, by a disinterested person appointed by the Ad-
ministrator: upon request by the Supplementary Code Authority,
The. Supplementary Code Authority may require the member com-
plained against to file with such investigator, within such reason-
able time after receipt of a copy of the complaint, as the Supple-
mentary Code Authority shall determine, an answer to such com-
plaintt accompanied by supporting data. Both answer and data
shall be verified by affidavit. The investigator shall examine so much
of the pertinent books and records of such member as may be re-
quired to verify the statements contained in said answer and/or the
accuracy of the data supporting such statements. If the matter can-
not thereafter be satisfactorily adjusted within the Industry, the
facts may be placed before the Basic Code Authority to be presented
to thee Administrator for such procedure as he may deem advisable
under the Act.
Any-representative appointed by the Agent of the Supplementary
Code to make any investigation, shall be a disinterested person or
persons, who shall be entirely free from any interest in or connection
with 'ny company engaged in the manufacture or sale of the prod-
ucts of the Industry.
SECTION 9. All individual and private information received by the
Agent of the Supplementary Code Authority or his representative
from reports, or as a result of investigation shall be held in strict
confidence and not disclosed to any competitor or other persons out-
side the Agent's office, without the permission of the members of
the Industry involved, except as provided in Section 6 of this Article.
Provided, however, that such information may be disclosed to any
authorized Governmental agency, and provided, further, that in-
formation pertaining to the reporting of prices, terms, and condi-
tions may be disclosed to effectuate the purpose of this Supple-
SECTION 10. Nothing contained in this Supplementary Code shall
constitute the members of the Supplementary Code Authority part-
ners for any purpose, either as among themselves, or in connection
with the Agent of the Supplementary Code Authority. No member
of the Supplementary Code Authority shall be liable in any manner
to anyone for any act of any other member, officer, agent, or employee
of the Supplementary Code Authority, nor shall the Agent of the
Supplementary Code Authority be liable, in any manner to anyone
for any act of any member of the Supplementary Code Authority
or any other officer, agent, or employee thereof. No member of the.
Supplementary Code Authority, nor the Agent of the Supplementary
Code Authority, exercising reasonable diligence in the conduct of
their duties hereunder, shall be liable to anyone for any action or
omission to act under this Supplementary Code except for his own
willful malfeasance or non-feasance.
SECTION 11. If the Administrator shall determine that any action of
the Supplementary Code Authority or any agency thereof may be
unfair or unjust or contrary to the public interest, the Administra-
tor may require that.such action be suspended to afford an oppor-
tunity for investigation of the merits of such action and further
consideration by such Supplementary Code Authority or agency
pending final action which shall not be effective unless the Admin-
istrator 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.
ARTICLE VT-RULES OF FAIR COMPETITION IN MANUFACTUErLN AND
(Superseding all Trade Practices set forth in Article V of the Basic
Any member of the Industry who shall directly or indirectly
through any officer, employee, agent, or representative, fail to con-
ply with any of the following rules of Fair Competition in Manu-
facturing and Marketing shall be deemed to have violated this
RuILE A. No products of the Industry, in whole or in part, shall
be sold or exchanged or offered for sale or exchange at prices less
than the seller's cost of such products; such cost to be based;ohi a
formula which shall be at least as detailed and complete as the -for-
mula to be prepared by the Supplementary Code Authority and
approved by the Administrator. Provided, however, that if ,any
member of the Industry desires to sell below his cost in order1to- met
competitive prices on articles of similar style, grade and/or. specifi-
cation filed in accordance with the provisions of this Section, he shall
first report to the agent of the Supplementary Code Authority and
in such report cite the competition that would cause him to take
such action. This revised price and/or condition of sale shall become
effective immediately upon receipt thereof by said agent. Immedi-
ately upon receipt thereof said agent shall, by telegraph or by some
other equally prompt means, notify said member of the time of such
When the Supplementary Code Authority determines that an
emergency exists in this Industry and that the cause thereof is de-
structive price-cutting such as to render ineffective or seriously
endanger the maintenance of the provisions of this Supplementary
Code, the Supplementary Code Authority may cause to be deter-
mined the lowest reasonable cost of the products of this Industry,
such determination to be subject to such notice and hearing as the
Administrator may require. The Administrator may approve, dis-
approve, or modify the determination. Thereafter, during the
period of emergency, it shall be an unfair trade practice for any
member of the Industry to sell or offer to sell any products of the
Industry for which the lowest reasonable cost has been determined
at such prices or upon such terms and conditions of sale that the
buyer will pay less therefore than the lowest reasonable cost of such
When it appears that conditions have changed, the Supplementary
Code Authority, upon its own initiative or upon the request of any
interested party, shall cause the determination to be reviewed.
All members of the Industry shall, within ten (10) days after the
effective date of this Supplementary Code publish for the benefit
of all wholesalers and manufacturers of enameled ware and file with
the Agent of the Supplementary Code Authority, net price lists
and/or price lists and discount sheets, including terms, and other
conditions at which they will sell the products of the Industry to the
recognized wholesale distributors.
Revised price lists and/or discount sheets and/or all other condi-
tions of sale may be filed from time to time thereafter with the Agent
of the Supplementary Code Authority by any member of the Indus-
try, to become effective ten (10) days after actual receipt by the
Agent of the Supplementary Code Authority. Copies of such origi-
nal price lists and revised lists and/or discount sheets and/or all
other conditions of sale, with notice of the effective date thereof,
shall be immediately sent to all members of the Industry, and shall
be available to all interested parties; and any member of the In-
dustry may file, if he so desires, revisions of his price list and/or
discount sheets and/or conditions of sale, which shall become effec-
tive at the date when the revised list first filed becomes effective.
SIn the event that the Supplementary Code Authority shall find
that competitive conditions in the sale of the products of the In-
dustry to any one or more of the various classes of trade, have
resulted in improper price cutting or other unfair competitive prac-
tices, it may, with the approval of the Administrator, require the
filing of net price lists and/or discount sheets by all members of the
Industry setting forth the prices, terms, bases of delivery and other
conditions at which they will sell the products of the Industry to
such other class or classes of trade. The manner and effect of such
filing shall be the same in all respects as set forth in the two (2)
When filing net price lists and/or price lists and discount sheets,
as set forth in this Rule A, each member of the Industry shall file
with the Agent of the Supplementary Code Authority the number
of such price lists and/or price lists and discount sheets required
by him for the purpose set forth in this Rule.
The sale of dropped lines, or inventories which must be con-
verted into cash to meet emergency needs may be made by any mem-
ber of the Industry upon two weeks' notice of intention to do so,
in writing, to the Supplementary Code Authority setting forth the
facts and the reasons for such proposed disposal. If any member
of the Industry shall, within six months after any such disposal,
manufacture any product which he has classified as a dropped line,
the emergency sale of such product below cost shall be deemed
prima facie to have been in violation of this Supplementary Code.
No member of the Industry shall sell or offer to sell directly
by any means whatsoever, any products of the Industry, covered by
provisions of this Article V, at a price or at discounts or on other
conditions of sale more favorable than those provided in his own
current net price lists or price lists and discount sheets.'
RULE B. Withholding from or inserting in any invoice a false
record, wholly or in part, of the transaction represented on the face
thereof, and the payment or allowance of secret rebates, illegitimate
credits or unearned cash discounts, (whether in the form of money
or otherwise), are unfair trade practices.
RULE C. To defame or disparage a competitor directly or in-
directly, by words or acts which untruthfully impugn his business
integrity, his ability to keep his contracts, his credit standing, or
the quality of his products, is an unfair trade practice.
RULE D. To imitate or simulate the trade mark, trade name,
package, wrapper, or label of a competitor's product to such a de-
gree as to deceive or have a tendency to deceive customers, is an unfair
RULE E. 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 rela-
tion 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, is an unfair trade practice.
Provided, however, that nothing in this Rule contained shall: be so
construed as to. prohibit free and general distribution of articles
commonly used for advertising except as far as such articles are
actually used for commercial bribery as hereinabove defined.
RULE F. The false marking, branding or labeling of any- product
of the Industry which has the tendency to mislead or deceive cus-
tomers, prospective customers or competitors, whether as to th6
grade, quality, quantity, substance, character, nature, origin,' size
finish or preparation of any product of the Industry, is an unfair
trade practice.: -
RULE G. The making or causing or knowingly permitting to be
made or published any false, materially inaccurate or deceptive
1 See paragraph 2 of order approving this CQde. "' n i
statement, by way of advertisement or otherwise, whether concern-
ing the grade, quality, substance, character, nature, origin, size,
finish or preparation of any product of the Industry, or the credit
terms, values, policies, or services of any member of the Industry,
or otherwise, having the tendency or capacity to mislead or de-
ceive customers or prospective customers, is an unfair trade practice.
RuLE H. Inducing, or attempting to induce, the breach of any
contract between a competitor and his customer, or accepting the
repudiation of contracts, or the sale of any of the products of the
Industry with the privilege of return except for defects, are unfair
RuL I. Shipping goods on consignment is an unfair trade prac-
tice.-The term "consignment", as used in this section, means the
supplying of goods to a consignee for sale by the consignee under
any contract, agreement or understanding whereby title to the goods
remains in the consignor until such time as they are withdrawn from
the consigned stock and/or sold by the consignee, and under which
no liability for the purchase price of said goods arises on the part
of the consignee until such withdrawal and/or sale by him.
RuLE J. No member of the Industry shall grant to any purchaser
more favorable terms than two (2) percent for cash payment within
ten (10) days from date of invoice, thirty (30) days net and date of
invoice shall be the date of shipment with the following exceptions:
1. In cases where numerous invoices are rendered to any customer
during a month by any member of the Industry, such invoices dated
from the 1st to the 15th of the month inclusive may be discounted
on the 25th of the same month and invoices dated from the 16th to
the end of the month inclusive may be discounted on the 10th of the
next following month.
2. Terms to department stores shall not be more favorable than
two (2) percent ten (10) days E.O.M.
3. Terms to the retail trade (other than department stores) shall
not be more favorable than two (2) percent ten (10) days, net sixty
4. Enameled roasters shipped and billed direct to the retail trade
after August 1st of. each year may be accorded November 1st dating
of the same year. Enameled roasters shipped and billed direct to
jobbers after July 1st of each year may be accorded October 1st
dating'of the same year.
In no case may the provisions of this Rule be varied by any allow-
ance for anticipated payment.
RULE K. The sale of kiln run ware is an wifair trade practice.-
The term kiln run ware", as used herein, is defined to mean
Vitreous Enameled Ware as it is removed from the kiln after burn-
ing, without such inspection as will determine which articles are of
first grade quality and which, are of second grade quality, the result-
ing mixture of first and second grade articles being packed and sold
as kiln run ware."
Ru'E L. In order that the consuming public may be properly in-
formed, the sale of Vitreous Enameled Ware manufactured after
the effective date of this Supplementary Code, as seconds ", without
so labeling it, is an unfair trade practice.
Such labeling may include a brand name and the name of the
manufacturer, but must include the word second in bold-face type.
RnLE M. The giving of free goods except as samples, or the grItl
ing of advertising or catalog allowances in connection with the ai6i
of Vitreous Enameled Ware, is an unfair trade practice. '::i
Provided, however, that the restrictions of this Section shall .Ml
apply to the furnishing of electrotypes, or stock catalog pages t!
other advertising matter. )
RULE N. Because of the fact that the leasing, by manufacturersg,.'
of space in department stores and other retail mercantile establhish.i::i
ments selling the products of this Industry has been used as a. mea ins
of granting rebates and price concessions to favored customers' .a :!;it
has worked to the detriment of small manufacturers, such lea ia u:4i
space in connection with the sale of the products of the Industri ';il
declared to be an unfair trade practice. .
ARTICLE VI-MODIFICATIONS ..
SECTION 1. This Supplementary Code and all the prfiMiW|
thereof, are expressly made subject to the right of the Presi ditAtE '!
accordance with the provisions of subsection (b) of Sectiion '10'., ::::I
the Act, from time to time to cancel or modify any order, apvpreA.t? .
license, rule, or regulation issued under said Act.
SECTION 2. This Supplementary Code except as to provisions 'e:
quired by the Act, may be modified and/or amended on the I J
of experience or changes in circumstances, such modifications aii i
amendments to be based upon application by the Suppl.
Code Authority or other representative group within theI Th
to the Administrator and such notice and hearing as he shaif'splf
and to become effective as part of this Supplemeniary dt
approval by the President and/or the Administrator.
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No provision of this Supplementary Code shall be
to permit monopolies or monopolistic practices, or to
sserp or dliscriminatep agrainst(' smalt entelrnprise
so appli d
.;* ir .**
ARTICLE VIII-PRiCE INCaRASEs .,: '
Whereas the policy of the Act to increase real purchase ip.
will be made more difficult of consummation if prices of g ? i
services increase as rapidly as wages, it is recognized thauit ;. i
creases except such as may be required to meet individual il :04
be delayed, but when made such increases should, so far as.; F i.'I
be limited to actual additional increases in the seller's costs. ,
ARTICLE IX-EFFECTIVE DATE A)N DiAwr i e: r'
This Supplementary Code shall become effective:at 12:01- odlo,
a.m. on the 10th day after it is approved by. thb President.nd I
continue in effect until June 16, 1985, or the earliest .date 4a
thereto on which the President shall, by proclamation, .p rt. .wi
gress shall, by joint resolution, declare that the emergency re*
by Section 1 of the National Recovery Act, has ended. :i: ::r
Approved Code No. 84--Supplement "
Registry No. 1018-1-01.
UNIVERSITY OF FLORIDA
II 1262 08482 9III166
3 1262 08482 9166
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