Citation
Code of fair competition for the floral industry as submitted on August 25, 1933

Material Information

Title:
Code of fair competition for the floral industry as submitted on August 25, 1933
Portion of title:
Floral industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Cut flower industry -- United States ( lcsh )
Floriculture -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1622-05."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004916293 ( ALEPH )
632268566 ( OCLC )

Downloads

This item has the following downloads:


Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION
FOR THE


FLORAL INDUSTRY

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


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


For sale by the Superintendent of Documents, Washington. D.C. Price 5 cents





4













TENTATIVE CODE OF FAIR COMPETITION OF THE FLORAL
INDUSTRY

ARTICLE I-DEFINITIONS
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
the industry.
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
invested.
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
code.
SEC. 3. Rules and Regulations in respect to meetings of members
of the code shall be prepared and promulgated by the National
Florists' Council.
IeB--as (1)








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
consist of:
(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
forth below:
(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
President.
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 )
per hour.
(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
unfair practice.
(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
to exist.
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
3 1262 08728 5697




Full Text

PAGE 1

NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE FLORAL INDUSTRY 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 Ad.ministration as applying to this industry I A I O=--. .... I "'---. U.!. DEP UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, \Vashington, D.C. --------Price 5 cents ,/

PAGE 3

TENTATIVE CODE OF FAIR COMPETITION OF THE FLORAL INDUSTRY ARTICLE I-DEFINITIONS 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 pl ants 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 the industry. . SEc. 2. It is the further purpose of the code to increase employment 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 off air practices between individuals and organizations in the industry; and to insure a fair return to all divisions of the industry in accordance with capital invested. ARTICLE III-MEMBERSHIP 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 code. SEc. 3. Rules and Regulations in respect to meetings of members of the code shall be prepared and promulgated by the National Florists' Council. 816~33 (1)

PAGE 4

2 RTICLE I -D 1I ISTRATIO OF THE CODE SECTIO 1. The administration of the code shall be under direction of the ational Florists Council, the membership of which shall consist of: (a) Three members (with one ote each) from the ational organization known as the Wholesale Commission Florists. (b) Three member (wi hone vote each) from the ational organization known as the Florists Telegraph Delivery ssociation, Inc. (c) Six members (wit h one half vote each) from the ational 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 ational 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 ational Recovery Act and in addition thereto the full and specific powers set forth below: (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 ational Florists Council. (c) Any member of the indu try aggrie ed at an such recommendation may appear before the council at a properly designated time and place. The finding of the ational Florist ' Council is subject to review b the 9.dminis ra or under the ational Reco ery ct or to whome er hi power ma be designa _ ted. ( d ) The ational Flori ts' Council ma on complaint of an parties or on it own initia ive make u h inquiry and inve igation into the operation of thi agreement as may be nece ary. (e) The council hall make all rule and regulation nece ary for the admini tration of this code including rules of fair practice within marketing area , standard methods of grading and marketing mer chandise, and m~ from time to time require uch reports from divi ions as ma be nece sary to advi e it adequatel in the adminis tration and enforcement of this agreement. (f) The council shall collect fund for i opera ion and maintenance from thee tabli hed division repre ented upon the council and from the member hip at large a follow : Grower _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a 3 / 11 part. Retailer ---------------------------------------------------a 3 /11 part. Whole aler ------------------------------------------------a 3 /11 part. llied _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a 2 / 11 part. RTICLE -THE HouR OF LABOR, RATE OF PAY, A n OTHER ONDITIONS OF EMPLOYME T ECTIO 1. The chedule of hours of labor and rate of pay set forth herein shall appl in all ca e except where ea onal and, climatic or other ph sical factor affecting either growing or marketing con di ions hall make nece sary emplo ment in exces of the maximum

PAGE 5

3 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 President. 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 (25) per hour. (b) In the States east of the Mississippi and north of the Mason Dixon line, thirty cents (30) per hour. (c) In the States west of the Mississippi, except Louisiana, Oklahoma, Arkansas, Texas, New Mexico, and Arizona, thirty cents (30) per hour. (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.

PAGE 6

4 (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 unfair practice. (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-AMENDMENTS-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 e:ff ect 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 to exist. 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. 0

PAGE 7

Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries, with support from LY RAS IS and the Sloan Foundation http://www.archive.org/details/codeoffaircompet5697unit

PAGE 8

UNIVERSI T Y OF FLORIDA II I II IIIIII Ill I l l lllll l l lll II IIII IIIII Ill llllll II IIIII Ill lllll I I 3 1262 08728 5697


xml version 1.0 encoding UTF-8
REPORT xmlns http:www.fcla.edudlsmddaitss xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.fcla.edudlsmddaitssdaitssReport.xsd
INGEST IEID E9ZRU94YF_E5JIX4 INGEST_TIME 2011-12-23T17:42:55Z PACKAGE AA00007833_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC
FILES