Approved Code No. 84-Supplement No. 43 Registry No. 1018-1-01 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

C·ODE 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) 

AS APPROVED ON JULY 22, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ 

For sale by the Superintendent of Documents, 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 

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Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 84-Suppletnent No. 43 

SUPPLE1\1ENTARY CODE OF FAIR COMPETITION 

FOR THE 

VITREOUS ENAMELED WARE MANUFACTURING 

INDUSTRY 

As Approved on July 22, 1934 

ORDER 

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE 

VITREOUS ENAMELED w ARE ~llNUF ACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL COATING INDUSTRY 

An application having been duly made fursuant to and in full 

compliance with the provisions of Title I o 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: 

NO"'\V, 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 annexed 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, in ofar 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 Ii ts, as originally filed and/ or revised price lists or 

75718 °-820-134-34-1 (1) 
2 

revised ter111s and conditions of sale, be and they hereby are stayed 

pending my further Order. 

HUGHS. J OH NSON, 

Administrator f or Industrial R ecove1~y. 

Approval recommended : 

BARTON vv. JYIURRAY, 

Divuion Administrator. 

w ASHINGTON, D. C., 

July 2f, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The vVhite House. 

Sm: This is a report on the Supplementary Code of Fair Competition for the Vitreous Enameled vVare Manufacturing Industry 

a division of the Fabricated l\1etal Products :Manufacturing and 

Metal Finishing and l\1etal Coating Industry, the hearing having 

been conducted thereon in "\Va hington, D.C., March 9, 1934, in accordance with the provisions of Title I of the National Industrial 

Recovery Act. 

GENERAL STATEMENT 

The Vitreous Enameled Ware l\1anufacturing 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 Supplementary 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. 

RESUl\U~ OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed in the Supplementary Code. 

Article III. This Industry is a division of the Fabricated 

1\1etal 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 Supplementary Code. 

Arti~le 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 Committee, and gives the Administrator the authority to appoint one 

additional member without vote and provides machinery for obtaining statistics and the administration of the Supplementary Code. 

Article V sets forth the unfair trade practices of this Supplementary Code which has been especially designed to offset unfair 

competition in this division of the Industry. 

Article VI contains the mandatory provisions contained in Section 10 (b) and also provides for the ubmission of proposed amendment to the Supplementary Code. 

Arti le VII provides against monopolies and monopolistic 

practices. 

(3) 
4 

Article VIII recognizes that price increases be limited to actual 

additjonal increases in the seller's costs. 

Article IX states the effective date and duration of this Supplementary Code. 

FINDINGS 

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 prom.oting the organization 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 supervision, 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 employees; and is not classified by me as a major industry. 

( c) The Supplementary Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including 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 representative 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 permit monopolies or monopolistic practices. 

( e) The Supplementary Code is not desi~ed to and will not 

eliminate or oppress small enterprises and will not operate to discriminate 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 

Supplementary Code. · 

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 revised terms and conditions of sale, be and they hereby are stayed 

pending my further Order. 

JULY 22, 1934. 

HUGH s. JOHNSON, 

Admini-strator. 
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 

ARTICLE I-PURPOSES. 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supplementary 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 Manufacturing 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. 

ARTICLE II-DEFINITIONS . 

The term "Vitreous Enameled Ware Manufacturing Industry" 

hereinafter referred to as the Industry, is defined to mean the manufacture 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, corporation 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", fl.S used 

herein, shall mean, respectively, the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator 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 

Federation. 

The term " Council", as used herein, is defined to mean the Vitreous Enameled ~Vare 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 Supplementary Code Authority, as used herein, is defined to mean the Com-

(5) 
6 

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 

F abricated Metal Products Federation or its successor. 

ARTICLE III-EMPLOYl\iENT PROVISIONS 

This Industry is a division 0£ 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 N ovember 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 following the effective date, the Duly Authorized Agent shall constitute a temporary Supplementary Code Authority until the Supplementary 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 t}1ere are 

such members of the Industry who are not members of the Council), 

to be elected by a majority vote 0£ the qualified members of the 

Industry who are not members 0£ 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 0£ 

the Council. 

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 members to be nominated by the members of the Council. 

A vacancy in the membership of the Supplementary Code Authority shall be filled by a majority vote of the remaining members of 
7 .., 

the Supplementary Code Authority; provided, however, that the 

member of the Supplementary Code Authority who is chosen to fill 

such vacancy shall oo elected from the class of membership in which 

the vacancy has occurred. 

In addition thereto, the Administrator ma;Y 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 Authority shall ( 1) i.npose 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 

authorized: 

(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 

shall 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 us 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 nece3sary 

to supp·ort such budget shall be contributed by members of the 

Industry; 

(c) After such budget and basis of contribution have been approved 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 therefor in 

its own name. 

Each member of the Industry shall pay his or its equitable contribution 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 complyin&' with the Supplementary 

Code and contributing to the expenses of its administration as hereinabove provided, shall be entitled to participate in the selection of 

members of the Supplementary Code Authority or to receive the 
8 

benefits of any of its voluntary activities or to make use of any 

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 expenditures in excess of prior budget estimates except those which the 

Administrator shall have so approved. 

SECTION l5. 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 Supplementary Code and provide for the compliance of the Industry with 

the provisions of the Act. -

(b) To adopt By-Laws and Rules and Regula~ions for its procedure 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 Supplementary 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 purposes recited in Section 3 (a) of the Act to such Federal and State 

agencies as he may designate; provided that nothing in thi-s Supplementary 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 provisions hereof. 

( e) To make recommendations to the Administrator for the coordination 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 

1nay 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 

io be furnished under the terms of the Basic Code. 

(h) To appoint, within one month after the effective date of this 

Supplementary Code, a committee so constituted as to give due con-
9 

sumer 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 submittBd 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 

niade a part of this SupplemBntary Code and be binding upon every 

member. 

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 required 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 Supplementary Code Authority to the Administrator within six ( 6) months 

after the effective date of this Supplementary Code. 

SECTION 8. Complaints made by members of the Industry to the 

Agent of the Supplementary Code Authority, of alleged v10lations 

of any of the provisions of this Supplementary Code, shall be made 

in writing. 

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 investigation to be made by a person mutually agreed upon by the Supplen1entary 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 Administrator upon request by the Supplementary Code Authority. 

The Supplementary Code Authority may require the member complained against to file with such investigator, within such reasonable time after receipt of a copy of the complaint, as the Supplementary Code Authority shall determine, an answer to such complaint 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 required to verify the statements contained in said answer and/ or the 

accuracy of the data supporting such statements. If the matter cannot thereafter be satisfactorily adjusted within the Industry, the 

facts may be placed before the Basic Code Authority to be presented 

to the 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 any company engaged in the manufacture or sale of the products of the Industry. 
10 

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 outside 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 information pertaining to the reporting of prices, terms, and conditions may be disclosed to effectuate the purpose of this Supplementary Code. 

, SECTION 10. Nothing contained in this Supplementary Code shall 

constitute the members of the Supplementary Code Authority partners for any purpose, either as among themselves, or in connection 

with the Agent o:f 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, ~xercising 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 Administrator may require that. such action be suspended to afford an opportunity for investigation of the merits o.f such action and further 

consideration by ~uch Supplementary Code Authority or agency 

pending final action which ~hall not be effective unless the Administrator 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 V-RULES OF FAIR COMPETITION IN i!A.NUFACTURING AND 

MARKETING 

(Superseding all Trade Practices set forth in Article V of the Basic 

Code) 

Any member of the Industry who ~hall directly or indirectly 

through any officer, employee, agent, or representative, fail to comply with any of the following rules of Fair Competition in Manufacturing and Marketing shall be deemed to have violated this 

Supplementary Code. 

RULE A. No products o.f 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; ~uch cost to be based on a 

formula which shall be at least as detailed and complete as the formula 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 order to meet, 

competitive prices on articles of ~imilar style, grade and/or specifi~ 
11 

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. Immediately upon receipt thereof said agent shall, by telegraph or by some 

other equally prompt mean.s, notify said member of the time of such 

receipt. 

,vhen the Supplementary Code Authority determines that an 

emergency exists in this Industry and that the cause thereof is destructive 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 determined the lowest reasonable cost of the products of this Industry, 

such determination to be subject to such notice and hea:ring as the 

Administrator may require. The Administrator may approve, disapprove, 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 therefor than the lowe t reasonable cost of such 

products. 

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 conditions of sale may be filed from time to time thereafter with the Agent 

of the Supplementary Code Authority by any member of the Industry, to become effective ten (10) days after actual receipt by the 

Agent of the Supplementary Code Authority. Copies of such original 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 me!flber of the Industry may file, if he so desires, revisions of his price list and/or 

discount sheets and/or conditions of sale, which shall become effective at the date when the revised list first filed becomes effective. 

In the event that the Supplementary Code Authority shall find 

that competitive conditions in the sale of the products of the Industry to any one or more of the various classes of trade, have 

resulted in improper price cutting or other unfair competitive practices, 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 th~ products of the Industry to 

such other class or classes of trade. The manner and effect of such 
12 

filing shall be the same in all respects as set forth in the two (2) 

preceding paragraphs. 

"\iVhen filing net price lists and/ or price lists ancl discount sheets, 

as set :forth in this Rule A, each member o:f the Industry shall file 

with the Agent o:f the Supplementary Code Authority the number 

o:f 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 converted into cash to meet emergency needs may be made by any member o:f 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. I:f 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 o:f the Industry shall sell or offer to sell directly 

by any means whatsoever, any products o:f 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.1 

RULE B. "\iVithholding :from or inserting in any invoice a false 

record, wholly or in part, o:f 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 o:f money 

or otherwise) , are unfair trade practices. 

RULE C. To defame or disparage a competitor directly ·or indirectly, by words or acts which untruthfully impugn his business 

integrity, his ability to keep his contracts, _his credit standing, or 

the quality o:f his products, is an unfair trade practice. 

RULE D. To imitate or simulate the trade mark, trade name, 

package, wrapper, or label o:f a competitor's product to such a degree as to deceive or have a tendency to deceive customers, is an unfair 

trade practice. 

RULE E. To give, permit to be given, or directly offer to give, 

anything of value for the purpose o:f influencing or rewar.ding the 

action of any employee, agent or representative of another in relation to the business o:f the employer o:f 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 o:f any product 

o:f the Indu try which has the tendency to mi lead or deceive custon1.ers, prospective customers or competitors, whether as to the 

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 'lee paragraph 2 of order approving this Code. 
13 

?tatement, by way of advertisement or otherwise, whether concerning the grade, q1;1ality, substance, character, nature, origin, size, 

finish or preparat10n of any product of the Industry, or the credit 

terms1, val?es, poli_cies, or services of any n1e~ber of the Industry, 

or oti1erw1se, havmg the tendency or capacity to mislead or deceive 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 

trade practices. 

RuLE I. Shipping goods on consignrnent is an 'Unifair trade practice.-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 wher,eby 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 2'5th 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 

(60) days. 

4. Enameled roasters shipped and billed direct to the retail trade 

ttfter 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 ea.ch year may be accorded October 1st 

dating of the same year. 

In no case may the provisions of this Rule be varied by any allowance for anticipated payment. 

RuLE K. The sale of kiln run w,are is an wnfair trade praotice.-

The term "kiln run ware", as u ed herein, is defined to mean 

Vitreons Enameled \Vare as it is removed from the kiln after burning, without such inspection as will determine which artides are of 

first grade quality and which- are of second grade quality, the resultino- mixture of first and second grade articles being packed a.nd sold h 

as " kiln run ware." 

RuLE L. In order that the consuming public may be properly informed the sale of Vitreous Enameled vVare manufactured after 

the effe~tive 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. 
14 

RuLE M. The giving 0£ free goods except as samples, or the granting of advertising or catalog allowances in connection with the sale 

of Vitreous Enameled Ware, is an unfair trade practice. 

Provided, however, that the restrictions of this Section shall not 

apply to the furnishing of electrotypes, or stock catalog pages or 

other advertising matter. 

RULE N. Because of the fact that the leasing, by manufacturers, 

of space in department stores and other retail mercantile establishments sellino- the products of this Industry has been used as a means 

of granting rebates and price concessions to favored customers and 

has worked to the detriment of small manufacturers, such leasing of 

space in connection with the sale of the products of the Industry, is 

declared to be an unfair trade practice. 

ARTICLE VI-MODIFICATIONS 

SECTION 1. This Supplementary Code and all the provisions 

thereof, are expressly made subject to the right of the President, in 

accordance with the provisions of subsection (b) of Section 10 0£ 

the Act, from time to time to cancel or modify any order, approval, 

license, rule, or regulation issued under said Act. 

SECTION 2. This Supplementary Co<le except as to provisions required by the Act, may be modified and/or amended on the basis 

of experience or changes in circumstances, such modifications and/or 

amendments _to be based upon appl~cation by t~e Supplementary 

Code Authority or other representative group within the Industry 

to the Administrator and such notice and hearing as he shall specify 

and to become effective as part of this Supplementary Code on 

approval by the President and/ or the Administrator. 

ARTICLE VII-MONOPOLIES 

No provision of this Supplementary Code shall be so applied as 

to permit monopolies or monopolistic practic€s, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE VIII-PRICE INCREASES 

Whereas the policy of the Act to increase real J?Urchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost should 

be delayed, but when made su~h increases should, so far as possible, 

be limited to actual additional increases in the seller's costs. 

ARTICLE IX-EFFECTIVE DATE AND DURATION 

This Supplementary Code shall become effective at 12: 01 o'clock 

a.m. on the 10th day after it is approved by the President and shall 

continue in effect until June 16, 1935, or the earliest date prior 

thereto on which the President shall by proclamation, or the Congress hall, by joint resolution, declare that the emergency recognized 

by Section 1 of the National Recovery Act, has ended. 

Approved Cocle No. 84-Supplement ~~ 

Registry No. 1018- 1-01. 

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