Approved Code No. 322 Registry No. 1016-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETI~·ON 

FOR THE 

EARTHENWAR~ 

MANUFACTURING INDUSTRY 

I 

AS APPROVED ON MARCH 8, 1934 

WE DO OUR PART 

, . "' o~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - • - • - - Price 5 cenls 
. Thi puhlicaiion 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 Building. 

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 Building. 

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. 
Approved Code No. 322 

- CODE OF FAIR COMPETITION 

FOR THE 

EARTHENWARE MANUFACTURING INDUSTRY 

As Approved on March 8, 1934 

ORDER 

APPROVING Co DE OF FAIR COMPETITION FOR THE EARTHENWARE 

MANUFACTURING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Earthenware Manufacturing Industry, 

and hearings having been duly held thereon and the annexed report 

on said 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 annexed 

report and do find that said 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 Code of Fair 

Competition be and it is hereby approved. 

Approval recornn1ended: 

GEO. L. BERRY, 

HUGH S. JOHNSON, 

Administrator for Industrial Recovery. 

Division A dministrator. 

,v AsHINGToN, D .c., :fl.larch 8, 1934. 

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45056°-.-425-44-34 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SrR: A Public Hearing on the Code of Fair Competition for . the 

Earthenware Manufacturing Industry, submittea. by the Earthenware 

Manufacturers Association, located at Zanesville, Ohio, was conducted 

in Washington on the 13th of November, 1933, in accordance ·with the 

provisions of the National Industrial Recovery Act. The Association 

claims to represent 90 per cent of the Industry. 

The maximum hours permitted under this Code are forty (40) 

hours per week averaged over any one period of thirteen (13) weeks as 

selected by the employer, and not in excess of forty-four (44) hours in 

any one week nor eight (8) hours in any one day, except that in the 

event of an emergency involving breakdowns or protection of life or 

property or during periods of peak demands, when approved by the 

Code Authority subject to the disapproval of the Administrator, 

employees may be permitted to work in excess of the maximum hours 

herein prescribed provided that in all such cases employees shall 

receive time and one-third for all hours worked in excess of eight (8) 

hours in any one day. Excepted also fron1 this provision are persons 

employed in a supervisory or executive capacity, designers and 

sculptors who receive thirty-five dollars ($35.00) or more per week, 

and traveling salesmen. 

The minimum wage is forty cents (40¢) per hour for males and 

thirty-two cents (32¢) per hour for females. It is provided that 

accounting, clerical and office employees be paid not less than at the 

rate of sixteen dollars ($16.00) per week in any city having a population of one hundred thousand or over or in the immediate trade area of 

such city; in any city having a population of between twenty-five 

hundred and one hundred thousand or in the immediate trade area 

of such city not less than fifteen dollars ($15.00) per week; and in any 

city having a population of twenty-five hundred or less not less than 

fourteen dollars ($14.00) per week. Apprentices shall be employed 

at not less than eighty per cent (80%) of the minimum wage, provided, however, that the total number of apprentices employed by 

any member of the Industry shall not exceed five per cent (5%) of the 

total number of employees of any such member and that the period of 

apprenticeship shall not exceed twelve (12) weeks whether s€rved 

under one or more employers. It is further provided that in cases 

where female employees displace men they shall receive the same 

rates of pay as the men they displace. 

The average wage in the Earthenware Manufacturing Industry, 

during 1929, was $21.08 a week. During 1933, howeyer, average 

wages in this industry dropped 19.2 per cent to an average of $17 .02. 

Wages in this industry represented 38 per cent of the value of 

products in 1929, compared with 46.8 per cent in 1933. During 1933, 

total wage payments fell 30.5 per cent under 1929, while average 

weekly wages declined 19.2 per cent. 

On the basis of the 1929 hourly average, 42.2 cents, and regardless 

of whether a 40-hour or a 34-hour week were adopted, the total pay-

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roll would increase $468,250, or 18.9 per cent over the 1933 total, 

because of the fact that the spread-work feature would hold the payroll at a higher constant than prevailed in 1933. 

According to information obtained fron1 the Earthen-ware Manufac~uring Industry1 the value of products aggregated $9,401,000, 

durmg 1929. Durmg 1933, the value of products in the aggregate 

declined to $5,298,900, or 43.6 per cent under the 1929 total. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

!iavi~g found as herein set forth and on the basis of all the proceedings 

m this matter; 

I find that: 

(a) Said 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 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 con1-

petitive 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. 

(~) The 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 association is an 

industrial association truly representative of the aforesaid Industry; 

and that said Association imposes no inequitable restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies or 

monopolistic practices. 

( e) The Code is not designed 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 Code. 

This Industry has cooperated in a most satisfactory manner with 

the Administrator in the preparation of this Code. From evidence 

adduced during this hearing and from recommendations and reports 

of the various Advisory Bo·ards it is believed that this Code as now 

proposed and revised represents an effective, practical, equitable 

solution for this Industry and for these reasons this Code has been 

approved. 

Respectfully, 

MARCH 8, 1934. 

HUGH S. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE EARTHENWARE 

MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a Code of Fair Competition 

for the Earthenware Manufacturing Industry, and its provisions shall 

be the standards of fair competition for such industry and binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "association" as used herein shall mean Earthenware 

Manufacturers Industry Association. 

2. The term "Earthenware Manufacturing Industry" or "Industry" as used herein, shall mean the manufacture of clay products 

produced from secondary clays, either as raw clays without additions, 

or as mixtures of secondary clays with fluxes, glazed or unglazed, 

having utility value as kitchenware, decorative art pottery, heavy art 

pottery, stoneware, common red flower pots, excluding dinnerware, 

kitchenware produced from primary kaolins and mixtures of primary 

kaolins with fluxes, sanitary ware, chemical porcelain and chemical 

stoneware. 

3. The term "first quality" as used herein shall mean only sound 

useable flower pots. 

4. The term "member of the industry" as used herein, shall mean 

any individual, co-partnership, corporation, association, or other 

form of enterprise engaged in the industry either as an employer or 

-on his or its own behalf. 

5. The term "employee" as used herein, shall mean any and all 

persons engaged in the industry, however compensated, except a 

member of the industry. 

6. The term "employer" as used herein, shall mean anyone by 

whom any such employee is compensated or employed. 

7. The term" apprentice" aa used herein, shall mean any employee 

without previous experience or employment in the industry. 

8. The terms "Act" and "Administrator" as used herein shall 

mean respectively Title I of the National Industrial Recovery Act, 

and the Administrator for Industrial Recovery. 

9. Population for the purposes of this Code shall be determined 

by reference to the latest Federal Census. 

ARTICLE III-HouRs 

SECTION 1. Maximum hours .-Except as hereinafter provided, no 

employee shall be permitted to work in excess of forty (40) hours per 

week averaged over any one period of thirteen (13) weeks as selected 

by the employer, and not in excess of forty-four (44) hours in any one 

(1) week nor eight (8) hours in any one day, except that in the event 

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517 

of an emergency ~volving breakdowns or protection of life or prop- erty or during per10ds of peak demand, upon recommendation of the 

Code Authority and subject to the approval of the Administrator 

employees may be permitted to work in excess of the niaximum hour~ 

here.in p~escribed provi~ed that ~ all such c1:tses employees shall 

receiv~ time and one-third for all time worked m excess of eight (8) 

hours m any one day. 

SECTION 2. Exceptions as to hours.-The provisions of Section 1 

of this ~ticle sha~ not apply to persons employed in _a supervisory 

or executive capacity, designers and sculptors who receive thirty-five 

dollars ($35.00) or more per week, nor to traveling salesmen. 

SECTION 3. The provisions of Section 1 of this Article shall not 

apply to watchmen who may be employed in pairs and who shall 

not be permitted to work in excess of thirty-six (36) hours per week 

and forty-eight (48) hours per week on alternate weeks, or an average 

of forty-two (42) hours per week. 

SECTION 4. The provisions of Section 1 of this Article shall not 

apply to continuous kiln firemen, who shall not be pennitted to work 

in excess of fifty-six (56) hours per week nor more than twelve (12) 

hours per day and who shall receive time and one-third for all hours 

in excess of forty-two (42) hours per week. 

SECTION 5. The provisions of Section 1 of this Article shall not apply 

to periodic kiln firemen and truck drivers engaged in inter-city hauling, who shall not be permitted to work more than eighty (80) hours in 

any two (2) weeks period, nor more than fifty-six (56) hours in any 

one (1) week. 

SECTION 6. Employment by several employers.- No employee shall 

be permitted to work for a total number of hours in excess of the 

number of hours prescribed herein whether he be employed by one or 

more employers. 

SECTION 7. Employers performing the work of employees.-Employers 

who personally perform manual work or are engaged in mechanical 

operators shall not exceed the maximum hours permitted by this 

Code. 

ARTICLE IV-WAGES 

SECTION 1. M inimum wage.-N o male employee, except as herein- after specifically provided, shall be paid less than at the rate of forty 

(40¢) cents per hour. No female employee, except as hereinafter 

specifically provided, shall be paid less than at the rate of thirty-two 

(32¢) cents per hour. 

SECTION 2. No accounting, clerical, or office employee shall be paid 

less than at the rate of sixteen dollars ($16.00) per week in any city 

having a population of one hundred thousand or over or in the immediate trade area of such city; nor less than at the rate of fifteen dollars 

($15.00) per week in any city, town or village having a population 

between twen ty-five hundred and one hundred thousand or in the 

immediate trade area of such city, town or village; nor less than at the 

rate of fourteen dollars ($14.00) per week in any city, town or village 

having a population of twenty-five hundred or less. SECTION 3. The minimum wages in the Southern Districts, as 

defined in Article 6, Section 3, (a & c) shall be not less than eighty 

(80%) percent of the minimum wages provided in Sections 1 and 2 

• 
518 

of this article but in no event shall the minimum wage be less than 

thirty (30¢) cents per hour. 

SECTION 4. Apprentices may be employed at not less than eighty 

(80%) percent of the minimum wage prescribed in Sections 1, 2, 3 

and 6 of this Article, provided, however, that the total number of 

apprentices employed by any member of the industry shall not 

exceed five (5%) percent of the total number of employees of any 

such member and their period of apprenticeship shall not exceed 

twelve (12) weeks whether served under one or more employers. 

SECTION 5. Piecework Compensation-Minimum Wages.-This article establishes a minimum rate of pay which shall apply, irrespective 

of whether an employee is actually compensated on a time rate, 

piecework performance, or other basis. 

SECTION 6. Wages Above Minimum.-The hourly rates for all occupations, excepting those receiving thirty-five dollars ($35.00) or more 

per week, shall maintain the difference in hourly earnings between 

such occupations which existed on June 16, 1933, provided, however, 

that if the foregoing provision raises the hourly rate higher than the 

hourly rate for the same occupations which existed on July 15, 1929, 

the hourly rate in effect on that date shall apply, but in no event 

shall this rate be less than specified in Section 1 of this Article. The 

average hourly rates of the Industry rather than the hourly rate of 

any individual member of the industry shall be used to determ ne the 

July 15, 1929, rate and the June 16, 1933, rate. Within thirty days 

after the approval of this Code, the Code Authority, with the approval 

of the Administrator, shall determine and promulgate to members of 

the industry the average hourly rates of pay existing on July 15, 

1929 and June 16, 1933 for all occupations in the industry. 

SECTION 7. Female Employees .-Female employees performing substantially the same work as male employees and employed during the 

same work period, shall receive the same rates of pay as male employees and where they displace men, they shall receive the same 

rate of earning as the men they displace. The Code Authority shall 

within ninety (90) days after the effective date of this Code file with 

the Administrator a description of all occupations in the industry in 

which both men and women are employed. 

SECTION 8. Handicapped Persons.-A person whose earning 

capacity is limited because of age or physical or mental handicap 

may be employed on light work at a wage below the minimum 

established by this Code if the employer obtains from the State 

Authority designated by the United States Department of Labor 

a certificate authorizing his employment at such wages and for 

such hours as shall be stated in the certificate. Each employer 

shall file with the Code Authority a list of all such persons employed by him. The number of persons thus employed by any one 

member of the industry shall not exceed five (5%) percent of his 

total number of employees. 

SECTION 9. Payment.-Employers shall pay employees only in 

cash or negotiable checks drawn at par on date of issue and em- ployers and employees shall not enter into any agreement, the 

purpose or effect of which is to frustrate the purpose of this Section. 

Wages shall be payable at least twice a month and shall be exempt 

from any charges, fines and/or deductions by the employer, other 

than those agreed to by the employee or sanctioned by law. 
519 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child.Labor.-. No person under sixteen (16) years of age 

shall be employed m the mdustry. No person under eighteen (18} 

years of ag~ shall be employed at operations or occupations which are 

hazardous 1n nature or dangerous to health. The Code Authority 

shall submit to the Administrator within sixty (60) days a list of such 

operations or occupations. In any State an employer shall be deemed 

to have complied with this provision as to age if he shall have on file 

a certificate or permit duly signed by the Authority in such State 

empowered to issue employment or age certificates or permits showing 

that the employee is of the required age. 

SECTION 2. Provisions from the Act.-In compliance with Section 7 

(a) of the Act it is provided that: 

(a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of labor, 

or their agents, in the designation of such representatives or in selforganization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to 

refrain from joining, organizing, or assisting a labor organization of 

his own choosing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

SECTION 3. Reclassification of Employees.-No employer shall reclassify employees or duties of occupations performed or engage in 

any other subterfuge for the purpose of defeating the purposes or 

provisions of the Act or of this Code. 

SECTION 4. Standards for Safety and Health.-Every employer shall 

make reasonable provisions for the safety and health of his employees 

at the place and during the hours of their employment. 

SECTION 5. State Laws.-No provision in this Code shall supersede 

any State or Federal law which imposes on employers more stringent 

requirements as to age of employees, wages, hours of work, or as to 

safety, health, or general working conditions, than are imposed by 

this Code. 

SECTION 6. Posting.-All employers shall post and keep posted 

complete copies of the hour, labor and wage provisions, including 

wage differentials and classifications of this Code in conspicuous 

places accessible to employees. 

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE 

AUTHORITY 

ORGANIZATION AND CONSTITUTION 

SECTION 1. A Code Authority is hereby established to cooperate 

with the Administrator in the administration of this Code and shall 

consist of nine (9) members; three (3) members to be chosen from 

each division of the Industry through a fair method of selection, approved by the Administrator, to serve for a period of one year from 
520 

the date of their selection. There shall also be not more than three 

(3) additional members without vote and without compensation from 

the Industry to be appointed by the Administrator in his discretion 

and to serve for such period of time and to represent the Administrator 

or such group or groups as he may designate. 

SECTION 2. Vacancies in the personnel of the Code Authority 

selected by the Industry, shall be filled, pending a selection as provided 

for the original members, upon nomination by the Code Authority 

and approval by the Administrator. 

SECTION 3. The Divisions of the Industry shall be as follows: 

Stoneware Division, Earthenware Division and Clay Flower Pot 

Division. 

a. The Stoneware Division shall be di-vided into geographical 

regions, as follows: 

(1) Eastern District.-Including therein the States of Maine, New 

Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, 

New York, Pennsylvania, New Jersey, Delaware, District of Columbia, Maryland, Virginia, West Virginia, Ohio, Indiana and Michigan. 

(2) Middle Western District.-Including therein the States of Illinois, Wisconsin, Minnesota, Iowa, Missouri, North Dakota, South 

Dakota, Nebraska, Kansas, Oklahoma, Montana and Colorado. 

(3) Pacific District.-Including therein the States of Idaho, Wyoming, Utah, New Mexico, Arizona, Nevada, California, Oregon and 

Washington. 

(4) Southern District.-Including therein the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Kentucky, Tennessee, Arkansas, Louisiana and Texas. 

(5) Other districts may be established upon application of any 

group desiring a separate regional district, subject to the approval 

of the Divisional Executive Committee. 

(6) Each geographical region, and any others which may subsequently be formed, shall set up a district di-visional cominittee consisting of five (5) members, for the purpose of administering in such 

district the provisions of the Code insofar as authority may be delegated to such committee by the Code Authority. Each member of 

each district divisional committee shall be an officer or director of a 

member of the industry or an individual engaged in the industry. 

Any district division may select one (1) member of another district 

to serve on its district divisional committee. 

(7) The Stoneware Division shall be governed, as hereinbefore provided, by a Divisional Executive Committee of five (5) members, and 

they shall be chosen from each district divisional committee as follows: 

(a) Eastern District, two members 

(b) Middle w·estern District, one member 

(c) Pacific District, one member 

(cl) Southern District, one member 

This Divisional Executive Committee shall elect three (3) of its 

members to serve as the representatives of the Stoneware Division on 

the Code Authority. 

b. The Earthenware Division shall be considered as a national unit 

without districts. 

c. The Clay Flower Pot Division shall be divided into geographical 

regions, as follows: 
521 

(I) Eastern District.-Including therein the States of l\tfaine New 

Hampshire, Vermont, Massachusetts, Rhode Island Conne~ticut ~ ew 1 ork east of but not including Buffalo, Pennsylva'nia east of and 

mcluding Altoona, New Jersey, Delaware, District of Columbia Mary- land and Virginia. ' 

(2) Central District.-Including therein the States of New York 

west of and including Buffalo, Pennsylvania west of but not includinO' 

Altoona, West Virginia, Ohio, Michigan, and Indiana. 0 

(3) Southern District.-Including therein the States of North Carolina, South Carolina, Georgia, Florida, Alabama Mississippi Kentucky, Tennessee, Arkansas, Louisiana and Texas~ ' 

(4) Western District.-Including therein the States of Illinois 

Wisconsin, Minnesota, Iowa, Missouri, North Dakota, N ebraslrn,: 

I{ansas, Oklahoma, Montana and Colorado. 

_(5) Pacific District.-. Including there~n th_e States of Idaho, Wyonung, Utah, New Mexico, Nevada, Cahforn1a, Oregon and Washington. 

(6) Other districts may be established upon application of any 

group desiring a separate regional district, subject to the approval of 

the Divisional Executive Committee. 

(7) The Flower Pot Division shall be represented by a Divisional 

Executive Committee. This Committee shall be composed of one 

representative from each of the regional districts and shall elect three 

(3) of its members to serve as the representatives of the Flower Pot 

Division on the Code Authority. 

(8) Each member of the Divisional Executive Committee shall 

be entitled to one vote and a majority vote of all the members thereof 

is required to be a binding decision of the Committee. Any member 

may designate a proxy to act in his behalf at any meeting, providing 

such proxy is a member. · 

SECTION 4. Each Division, subject to rules and regulations of the 

Code Authority and the Administrator, shall have exclusive jurisdiction with respect to problems relating exclusively to said Division 

and each Division shall, through a fair .method of selection, establish 

an executive committee who shall work with and under the direction 

of the Code Authority in administering the provisions of this Code in 

that Division. 

SECTION 5. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall impose no inequitable restrictions on men1bership, and 

shall submit to the Administrator true copies of its articles of association, bylaws, 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 6. In order that the 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 if he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, he may take such action as he 

may deem necessary under the circumstances. 

SECTION 7. Any member of the industry shall be entitled to participate in and share the benefits of the activities of the Code Authority 
522 

and to participate in the selection of the members thereof by assenting 

to and con1plying with the requirements of this Code and sustaining 

his reasonable share of the expenses of its administration. Such 

reasonable share of the expenses of administration shall be determined 

by the Code Authority, subject to review by the Administrator, on 

the basis of volume of business and/or such other factors as may be 

deemed equitable. 

SECTION 8. Nothing contained in this Code shall constitute the 

niembers of the Code Authority partners for any purpose. or shall 

any member of the Code Authority be liable in any manner to anyone 

for any act of any other member, officer, agent or employee of the 

Code Authority. Nor shall any member of the Code Authority, exercising reasonable diligence on the conduct of his duties hereunder, be 

liable to anyone for any action or omission to act under this Code, 

except for his own willful misfeasance or nonfeasance. 

POWERS AND DUTIES 

SECTION 9. The Code Authority shall have the following further 

powers and duties: 

a. To administer the provisions of this Code, provide for the compliance of the Industry with the provisions of the Act, and to propose 

and submit amendments and/or modifications of this Code which on 

approval of the Administrator after such notice and hearing as he shall 

specify, shall become a part hereof. 

b. To adopt by-laws and rules and regulations for its procedure and 

for the administration and enforcement of the Code. 

c. To obtain from members of the Industry such inforn1ation and 

reports as are required for the administration of the Code and to 

provide for submission by members of such information and reports 

as the Administrator may deem necessary for the purposes recited in 

Section 3 (a) of the Act, which information and reports shall be submitted by members to such administrative and/or government 

agencies as the Administrator may designate; provided that nothing 

in this Code shall relieve any member of the industry of any existing 

obligations to furnish reports to any government agency; but no 

individual report shall be disclosed to any other member of the 

Industry or any other party except to such governmental agencies as 

may be directed by the Administrator. 

d. To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for herein, 

provided that nothing herein shall relieve the Code Authority of its 

duties or responsibilities under this Code and that such trade associations and 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 Code with such other codes, if any, 

as may be related to the Industry. 

f. To secure from members of the Industry who assent to this Code 

and/or participate in the activities of the Code Authority such proportionate payment of the reasonable expenses of maintaining the 

Code Authority as may be determined by the Code Authority subject 

to the disapproval of the Administrator. 
523 

g. To cooperate with the Administrator in regulating the use of any 

N.R.A. insignia solely by those members of the industry who have 

assented to, and are complying with, this Code. 

h. To recommend to the Administrator further fair trade practice 

provisions to govern members of the industry in their relations with 

each other or with other industries and to recommend to the Adminis- trator measures for industrial planning, including stabilization of 

employment. 

SECTION 9. If the Administrator shall determine that any action of a 

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 of such action and further consideration by such Code Authority 

or agency pending final action which shall 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 VII 

SECTION 1. The Code Authority, with the approval of the Administrator, shall prescribe an adequate cost finding method and thirty (30) 

days after approval thereof by the Administrator, each member of the 

industry shall use a cost finding method which shall conform to the 

principles of, and be at least as detailed and complete as that prescribed 

by the Code Authority. 

SECTION 2. The Code Authority with the approval of the Administrator shall prescribe for each division, standard provisions governing 

maximum cash discounts, terms of payment, provisions governing 

delinquency, cancellation and/or return of industry products, which 

tern1s shall be adhered to and incorporated in all order, invoice and/or 

acknowledgement forms and used by all members of the industry. 

SECTION 3. a. When such cost finding method shall have become 

effective as provided in Section 1 of this Article, each member of the 

industry shall publish and file with the Code Authority his own price 

lists and/or price lists and discount sheets, individually prepared by 

him, based on such cost finding method and covering each kind and 

size of each standard product offered for sale or sold by him, and such 

price lists and/or discount sheets shall become effective immediately 

upon the date of filing, or sixty (60) days after the effective date of 

this Code they shall become effective after such period of time as shall 

hereafter be established by the Code Authority with the approval of 

the Administrator. All such price lists and/or price lists and discount 

sheets shall state all discounts, (trade and cash) if any, and all other 

terms and conditions of sale provided in Section 2 of this Article, and 

shall be available upon request to any member of the industry or to 

any other interested party. · b. Revised price lists and/or price lists and di~count sheet~ may be 

filed from time to time by any niember of the industry which shall 

become effective immediately upon the date filed, or sixty (?0) days 

after the effective date of this Code they shall become effective after 

such period of time as shall hereafter ?~ established by the Co~e 

Authority with the approval of the Adnurustrator, and shall be avail-
524 

able upon request to any men1ber of the industry or to any other 

interested party. 

c. Price lists of non-standard specialty products need not be filed 

unless specifically requested by the Code Authority. 

d. After the filing of such price lists and/or price lists and discount 

sheets, no member of the industry shall sell or offer for sale any of 

the products of this industry on a basis at variance from those filed 

in accordance with the provisions of this Section 3. 

SECTION 4. No 1nember of the industry shall sell or offer for sale 

any products of the industry below his own individual cost as detern1ined by the use of a cost finding method, as provided in Section 1, 

except that such men1ber may, in order to meet bona fide competition, file and thereafter offer to sell and sell at a price not less than 

the lowest filed price of a competing member on a comparable article, 

provided, however, that in the event of necessity requiring immediate 

disposition of inventories or ·with respect to sale or offer of sale of 

dropped lines or seconds, a member desiring to make such disposition 

or sale shall at least two weeks prior to any offer for sale or sale of 

same, furnish to the Code Authority such information concerning 

same as it shall prescribe. The Code Authority shall within ten days 

after receipt of such inforn1ation render its decision of whether such 

facts thus disclosed warrant an exception hereunder. In the event 

that the Code Authority shall determine that such circumstances do 

not warrant such sale, the member may immediately appeal to the 

Administrator. 

ARTICLE VIII-STANDARD SIZES 

SECTION 1. All clay flower pots shall be sold in one grade only which 

shall be called "first quality" and on a basis of uniform standard 

sizes measured in inches of inside diameter at the top of the flower pot; 

however, a tolerance of variation at the rate of }~2 of an inch for each 

inch of diameter shall be permitted, but flower pots of greater size 

than the allowed tolerance shall be sold as the next larger standard 

size; all flower pots and saucers up to and including 16 inches inside 

diameter shall be sold as one of the following sizes which shall be the 

standard of the industry subject to the dght of the Code Authority 

with the approval of the Administrator to change such standards and 

tolerances from time to time as conditions warrant: 

a. Standard, azalea (3⁄4 height) and bulb 0~ height) pots. 

1" 

111 " ; 8 

11⁄4" 

1 1⁄2" 

13⁄4" 

2" 

b. Rose pots. 

11⁄2" X 2" 

13⁄4" X 21⁄4" 

2" X 21⁄2" 

23⁄4" X 23⁄4" 

c. Saucers. 

l " 

2" 

3" 

4" 

21⁄4" 

21⁄2" 

3" 

31⁄2" 

33⁄4" 

4" 

5" 

6" 

7" 

41⁄2" 

5" 

51⁄2" 

6" 

7" 

8" 

21⁄2" X 3" 

21⁄2" x 3H" 

311 X 411 

8" 

9" 

10" 

9" 

10" 

11" 

12" 

14" 

16" 

12" 

14" 

16" 
525 

ARTICLE IX-TRADE PRACTICE RULES 

The following practices constitute unfair methods of competition 

and are hereby prohibited: 

RULE 1. To give to any purchaser any special or discriminatory 

prices, terms, privileges, rebates, allowances, refunds, unearned 

credits or discounts, in any manner whatsoever not extended to all 

purchasers of the same class under like terms and conditions. 

RuLE 2. To evade or disguise actual prices of any transaction in 

any manner whatsoever; or to sell or deliver a greater quantity or a 

superior quality of material than is charged for. 

RuLE 3. To quote, make, allow, or sell at a price or discount 

conditioned on the basis of combined sales or shipments of products 

of two or more divisions of the industry, except to allow for actual 

freight saved to the purchaser through carload shipment. 

RULE. 4. To assist in the establishment of fair competition, the Code 

Authority, with the approval of the Administrator, shall establish 

standard qualifications of types of buyers and thereafter no member 

of the industry shall sell or offer to sell any industry products at 

variance with the standards thus established. 

RuLE 5. 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 relation 

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. Commercial bribery provisions shall 

not be construed to prohibit free and general distribution of articles 

commonly used for advertising except so for as such articles are 

actually used for commercial bribery as hereinabove defined. 

RuLE 6. To attempt to induce the breach of an existing contract 

between a competitor and his customer or source of supply; or to 

interfe~e with or obstruct the performance of such contractual duties 

or services. 

RULE 7. To publish advertising, or make or cause to be made any 

statement, which refers inaccurately in any material particular to 

any co~petitors or their goods, prices, values, credit terms, policies 

or services. 

RULE 8. To ship goods on consignment except under conditions to 

be defined and applied uniformly, by the Code Authority, where 

peculiar circumstances of the industry require the same. 

RuLE 9. To withhold from or insert in an invoice, statements or 

entries which make such in voice a false record, wholly or in part, of 

the transaction represented on the face thereof. 

RuLE 10. To describe any industry products, or the materials 

that go into such, in any manner tending to deceive the customer; 

or to substitute, without the lmowledge of the purchaser, inferior 

materials. · RULE 11. To guarantee against price decline or price advance. 

RULE 12. To give discounts in excess of five per cent (5%) on 

the sale of clay flower pots in consideration of the buyer calling at 

the factory or warehouse for the merchandise instead of requiring 

delivery by the seller. 

RuLE 13. To split or divide commissions, brokers' fees, or brokers' 

discounts, or otherwise in any manner through sham or indirection 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIII IIII IIII IIII IIII IIIII I I 

3 1262 08486 8388 

526 

to use or endeavor to use a brokerage comnnss10n, or jobber's arr angement or sales agency to make discounts, allowances, rebates, 

or prices to customers other than as provided in this Code. 

R ULE 14. To sell to or through any broker, jobber, commission 

account, or sales agency which is in fact an agency for retailers 

·whereby such retailers endeavor to thus secure a discount, allowance, or price other than the price published for retailers, except 

to buying syndicates, which purchase and pay for the products. · 

R uLE 15. To publish or circulate unjustified or unwarranted 

threats of legal proceedings which tend to or haYe the effect of harassing competitors or intimidating their customers. Failure to prosecute in due course shall be evidence that any such threat is unwarranted or unjustified. 

RuLE 16. To imitate a competitor's trade mark, trade name, or 

exclusively established design of product, or package, intended to 

identify the maker or vendor of said product, when the effect of such 

imitation may be to cause confusion in the minds of purchasers with 

reference to the identity of the maker thereof. 

RULE 17. To sell or off er to sell common red flower pots as "seconds" or as any other class except '' first quality." 

ARTICLE X-11onIFICATION 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the proYisions of subsection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, license, rule, or regulation 

issued under said Act. 

SECTION 2. This Code, except as to provisions required by the 

Act, may be modified or amended on the basis of experience or changes 

in circumstances, such modifications or a.mendments to be based 

upon application to the Administrator and such notice and hearings 

as he shall specify, and to become effective on approval of the Administrator, unless otherwise provided. 

ARTICLE XI-MONOPOLIES, ETC. 

No provision of this Code shall be so applied as to permit monopo- lies or monopolistic practices, or to eliminate, oppress, or discriininate 

against small enterprises. 

ARTICLE XII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power will 

be mu.de more difficult of consummation if prices of goods and services 

increase as r apidly as wages, it is recognized that price increases except 

such as may be r equired to meet such increases should, so far as 

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

ARTICLE XIII- EFFECTIVE DATE 

This Code shall become effective on the fifteenth day after its 

approval by the Administrator. 

Approved Code No. 322. 

Registry No. 1016-03. 

0