Approved Code No. 201-Supplernent No. 15 Registry No. 1612-05 

NATIONAL RECOVERY ADl\HNISTRATION 

SUPPLEMENTARY 

C·ODE OF FAIR COMPETITION 

FOR THE 

BUTTON JOBBERS' 

OR WHOLESALERS' TRADE 

(A Division of the Wholesaling or Distributing Trade) 

AS APPROVED ON JULY 26, 1934 

\VI .DO OUR PART 

UNIV. OF FL ue. 

D Cl! .:f!:iJ ..... D ~ T. I I ~ 

/1D. 

" - --- • -------•·~-TO-! 

U.S. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I 

I I I 

For sa le by the Superintendent of Documents, Washington, D.C. - - - - - - • • Price 5 ceiitli 
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Approved Code No. 201-Supplement No. 15 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

BUTTON JOBBERS' OR WHOLESALERS' TRADE 

As Approved on July 26, 1934 

ORDER 

SuPPLI:MENTARY ConE OF FAIR Cm,rrETITION FOR THE BuTToN 

J OBBERS' OR \V HOLES <\LERS' TRADE 

A DIVISIO OF THE WHOLESALING OR DISTRIBUTING TRADE 

An application having been duly made {ursuant to and in full 

compliance with the provisions of Title I o the National Industrial 

Recovery Act, approved June 16, 1933, for the approval of a Supplemental Code of Fair Competition for the Button Jobbers' or 

\i\Tholesalers' Trade to the Code of Fair Competition for the Whole- saling or Distributing Trade, 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: 

NOvV, 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 otherwi e; do hereby incorporate by reference said annexed 

report and do find that said Supplemental Code complies in all 

re pects with the pertinent provi ion and will promote the policy 

and purposes of said Title of said Act; and do hereby order that said 

Supplemental Code of Fair Competition be and it is hereby approYed, 

subject, however, to the following conditions: 

( 1) The Trade Practice Committee set up in Article III, Section 

5 (a) is hereby empowered to confer with the Code Authority for 

the Medium and Low Priced Jewelry ~1anufacturing Industry · or 

any ao-ency desi!!Ilated by that Code Authority to arrive at some 

mutual propo al to be submitted to the Administrator, on the ubject 

of maximum discounts. 

(2) Any member of the Trade or of any other Trade or Indu try 

or the cu tomer of either may at any time complain to the Supplemental Code Anthority that any price con titutes unfair competition a de tructi-ve price cutting imperiling mall nterpris s or 

tending toward monopoly or the impairment of Code wages and 

76476°- 829-150-84 (1) 
2 

working conditivns. The Supplemental Code Authority shall within 

five (5) days afford an opportunity to the member of the Trade 

complained of to answer such complaint and shall wit-hin fourteen 

(14) days make a ruling or adjustment thereof. If such ruling is. 

not concurred in by either party to the complaint, all papers shall 

be referred to the Re earch and Planning Division of N.R.A. 

which shall r ender a report and recommendations thereon to the 

Admini trator. HUGH 8. JOHNSON, 

Aclministrato1' for I ndustrial Recovery. 

Approval recommended: 

ROBERT L. Hou TO , 

Division Ac'1ninistrator. 

WASHINGTON, D.C., 

J uly f6, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lVhite House. 

Srn: This is a report of the Hearing on the Supplemental Code 

of Fair Competition for the Button Jobbers' or vVholesalers' Trade. 

conducted in Room D of the Washington Hotel on :May 10, 1934. 

The Supplemental Code which is attached was presented by a duly 

qualified and authorized representative of the Trade complying with 

the statutory requirements. 

THE TRADE 

According to statistics furnished by m mbers of the Button Jobbers' or v\ holesalers' Trade, it is estimated that in the Men's vVear 

Division there are approximately twenty-five (25) concerns with 

aggregate annual sales of $4,500,000, and in the ,v omen's "'\Vear Division there are approximately one hundred and thirty (130) concerns 

with aggregate annual sales of $16,000,000. In the Men's ,v ear 

Division approximately four hundred ( 400) per ons are employed 

compared with three hundred (300) in 1929. In the vVomen's ,v ear 

Division approximately sixteen hundred and fifty (1,650 ) persons 

are now employed compared with twelve hundred and fifty (1,250) 

in 1929. 

PROVISIONS OF THE CODE 

Since this Code is supplemental to the Code of Fair Competition 

for ~h.e ,vholesaling or Distributing Trade, it contains no labor 

prov1s10ns. 

The provisions containing supplemenb.l definitions are considered 

inclusive and accurate. 

The supplement to the Administrative provi ions of the General 

Code establishes a Divisional Code Authority which is fairly and 

adequately representative of all the different elements in the Trade. 

The Trade Practices proposed are not considered in any way 

objectionable. 

FINDINGS 

The Deputy Admini trator in his final report to me on said Supplemental Code having found as herein set forth and on the basis of 

all the proceedings in this matter ; 

I find that 

(a) Said upplemental Code is well designed to promo4-e the 

policie an 1 purpo es of Title I of the -'- T ational Indu~)rial Recovery 

Art, including r-emoYal of ob tructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof, 

an l will provide for the general 11~elfare by promoting the orcranization of trade for the purpo. e of cooperative action among trade 

(3) 
4 

groups, by inducing and maintaining united a.ction of labor and 

manao-ement under adequate governmental sanction and supervi ion, 

by liminating unfair competitive practic by promoting the fulle t 

pos ible u e of the pre ent productive capacity of industries, by 

avoidino· undue re triction of pro 1.uction ( except as may be temporarily requjred) by increa ing the con umption of industrial and 

ao-ricultural product throuo-h increa ino- purcha ing power, by reducin<Y and r lieYing un°mployment, by improving tandards of 

labor, and by otherwi rehabilitatina indu try. 

(b) aid Trade n rm ally employs not m re than 50,000 employees 

and it i not cl~ ified b me as a major indu try. 

(c) The upplemental Code as approved complies in all respects 

with the pertinent provisions of ail Titl of aid Act, including 

without limitation Subsection (a) of ection 3 ub ection (a) of 

Section 7 and Sub ection (b) of ection 10 thereof ; and that the 

applicant a ociation i a trad·e a ociation truly representative of 

the aforesaid Trade; and that said as ociation impo es no inequitable restrictions on admi ion to member hip therein. 

( d) The upplemental Code is not designeiJ t.l) and will not permit monopolies or monopoli tic practice . (e) The Supplemental Code is not de igned to and will not eliminate or oppress small enterprises and will not operate to discriminatB 

against them. 

(f) Those engaged in other steps of the economic process have 

not been deprived of the right to be h 0 ard prior to the approval of 

this Supplemental Code. 

For these reasons, the Supplemental Code has been approved. 

Respectfully, 

JULY 26, 1934. 

HUGH s. JOHNSON, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR co:MPETITION FOR 

THE BUTTON JOBBERS' OR ,VHOLESALERS' TRADE 

A DIVISION OF THE WHOLESALING on DISTRIBUTING TRADE 

ARTICLE I-P-tJRPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, thi Supplemental Code is establi ·hed as a Code of 

Fair Competition for the Button Jobbers' or ,Vhole alers' Trade 

pursuant to Article VI, Section 1 ( c) of the General Cede of Fair 

Competition for the vVholesaling or Distributing Trade, approved 

by the President of the United States on January 12, 1934. All 

provisions of. the said General Code which are not in conflict with 

the provisions of this Supplemental Code are hereby incorporated 

by reference in this Supplemental Code and made part hereof. Such 

provisions of the General Code together with the supplementing provisions of this Code are the standards of fair competition for and 

are binding upon every member of i>aid Button Job bars' or Wholesalers' Trade. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " Trade ", a.s used herein, shall mean the 

business of selling at wholesale to the following trades the following 

articles purchased or secured from a manufacturer or other primary 

seller: 

(a) Buttons, buckles, slides, and ornaments used on ladies', misses', 

and children's apparel, made of various kinds of material to: 

(1) The cutting-up trade, manufacturing ladies', misses', and 

children's apparel. 

(2) Retail Department, dry goods, and trimming stores. 

(3) Chain Stores. 

( 4) Wholesale Dry Goods and notion jobbers and jobbers in this 

Trade. 

(b) Buttons and small wear used on men's and boys' clothing to 

the cutting-up trade manufacturing such clothing and to tailor trimming jobbers. 

SECTION 2. The tenn " ,Vholesaler " or " Jobber " as used herein 

shall include, but without limitation, any individual, association, 

partnership, corporation, or any other form of business enterprise 

or a definitely organized division thereof, engaged in business in 

this Trade as it is defined in Section 1 hereof. 

SECTION 3. The term " Member of the Trade " as used herein, shall 

mean any vVholesaler engaged in the Trade as it is defined in Sections 1 and 2 hereof. 

SECTION 4. The term "Divi ional Code Authority", as used herein, 

shall mean the Divisional Code Authority for the Button Jobbers~ or 

\\ holesalers' Trade, a division of the "\Vholesaling or Distributing 

Trade. 

(5) 
6 

SECTION 5. The term ' General Code", as used herein hall mean 

the ode of Fair Competition for the Whole aling or Distributing 

Trade. 

ARTI LE III-AnML~ISTRATION 

S"'GPPLE~IENTING ARTICLE VI OF THE GE ER.1L CODE 

EarION 1. For the purposes of repr entation on the Divi ional 

o le uthority and ad1nini trat.ion, the Button J bber or holesaler Trade hall be divided into two divi ion as follow : 

(a) \\omen s ,, ar Divi ion embra ino- the Trade as d fined in 

Article II ection 1 ub e ion (a) hereof. 

(b) ~1en 1' ear Di i ion embracing the Trade as defined in 

Article II, Section 1, ub e tion (b) hereof. 

ECTION 2. The Divi ional Code Authority f or this Trade hall 

con i t of sixteen ( 16) members of the Trade· nine ( 9) to be appointed by the Board of Directors of the Button lerchants' A oci:ition of America In . as representing the"\ m n ,v ear Divi ion; 

five (5) to be appointed by the Board of Directors of the :Mens 

\,Vear Button Jobbers' Association Inc., as repre en ting the Men's 

\Vear Divi ion· and two (2) to be selected in a fair mann r to be 

approved by the Admini trator from members of the Trade who 

are not members of either of said Associations, ne (1) from the 

\Vomen s "ear Division and one (1) from the Mens Wear Divi .. ion. 

ECTION 3. (a) The Members of the Divisional Code Authority 

appointed by the Button Merchants' Association of Ameri a Inc., 

together with the one member selected to represent the members of 

the Women's vVear Division who are not members of the said 

Association shall constitute the control committee for the Women's 

"\Vear Division of the Trade. (b) It shall be the duty of this control committee to exerci e the 

functions of the Divisional Code Authority nece ary to secure the 

proper administration of the provisions of this upplemental Code 

in the ,, omen "\Vear Divi ion of the Trade. 

(c) The members of the Divisional Code Authority appointed by 

the ~fen W ar Button Jobbers' Association Inc. together with the 

one member elected to r epresent the members of the 1en \ ear 

Divi ion who are not members of the said As ociation shall constitute the control committee for the Men's Wear Divi ion of the Trade. 

( d) It shall be the duty of this control committee to exerci e the 

function of the Divi ional ode Authority nee ar to secure the 

proper admini traiion of the provisions of this Supplemental Code 

in the M: n s 1Vear Divi ·ion of the Trade. ECTI N 4. The terms of office of member of the Di isional C de 

Authority and the method o-f selecting th ir u c or whether f r 

full n w term or f r unexpired terms hall be tabli hed in the 

b -laws of th Divi ional ode Authorit . E TI N 5. The Divi. ional ode Authority shall have the f llowin · duti and p wer in ad lition to th e pr cribed in t he neral 

o le u bj ct to review b the dmini tr a tor : 

(a ) To app int a Trade P r a tice Committ e, which shall meet 

with the rade Pra ti e ommitt appointe<l under other C des of 

Fair 01111 etition x p oth r u pl m nt 1 ode f ; air ompetition to the General Co le, for the purp es of formulating Fair Trade 
7 

Practices to govern the relationship~ between production and dis~: 

tribution employers under this Supplemental Code and under such 

other Codes of Fair Competition, to the end that such F air Trade 

Practices may be proposed to the Administrator as amendments to 

this Supplemental Code and to such other Codes of Fair Competition.1 

(b) To organize, elect officers, hire employees, appoint agents, and perform such other acts as may be necessary f or the proper 

administration of this Supplemental Code and the General Code. (c) To adopt by-laws and rules and regulations for its procedure. 

( 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 Divisional Code 

Authority of its duties or responsibilities under this Supplemental 

Code, and that such trade associations and agencies shall at all 

times be subject to and comply with the provisions hereof. 

( e) To obtain from members of the Trade, through a conSdential 

agency, such information and reports as are r equired for the administration of the Code. 

In addition to information required to be submitted to the General 

Code Authority and to the Divisional Code Authority members of_ the Trade subject to this Code shall furnjsh such statistical informa- _tion as the Administrator may deem necessary for the purposes 

recited in Section 3 (a) df the Act, to such federal and state agencies 

as he may designate; provjded that nothing in this Code shall 

relieve any member of the Trade of any existing obligations to furnish reports to any government agency. 

No individual report shall be disclosed to any other member of 

the Trade or any other party except to such other governmental 

agencies as may be directed by the Administrator. 

( f) To recommend to the Administrator any action or measures 

deemed advisable, including further fair trade practice provisions 

to govern members of the Trade in their relations with each other 

or with other trades, measures for industrial planning, and stabiliza- tion of employment; and including modifications of this Supplemental Code which shall become effective as part hereof upon ap- proval by the Administrator after such notice and hearing us he may 

specify. 

SECTION 6. Upon the request of the Divisional Code Authority, the 

Administrator may appoint an impartial person to make such inspection of the books and records of any member of the Trade as 

may be necessary to ascertain whether or not any violation of this 

Supplemental Code has been or is bein(J' committed. SECTION 7. Nothing contained in this Supplemental Code shall 

constjtute the members of the Divisional Code Authority ~partners 

for any purpose nor shall any members of the Divisional Code Au- thority be liable in any manner to anyone for any act of any other 

member, officer, agent, or employee of the Divisional Code Authority. 

Nor shall any member of the Divisional Code Authority, exercising 

reasonable diligence in the conduct of his duties hereunder, be liable 

to anyone for any action or omission to act, under this Supplemental 

Code, except for his own willful malfeasance or nonfeasance. 

1 See paragraph 2 (1) of order approving this Code. 
8 

SECTION 8. If the Admini trator hall determine tha.f- any action o:f 

the DiYi ional Code Authority or any ag ncy thereof, may be unfair or unju t or contrary to the public interc t, the Admini tra~or 

may require that su h a tion be u pende l to afford an opportunity 

for inYc tigation of th merit of uch action and for further consid ration of su ·h Divi ional od Authorit or agency, pending 

final a · i n, which shall no be effective unle the Admini trator 

approv or unle · he hall fail to li approve after thirty day ' 

n oti e to him of intention to proceed with uch action in it original 

or modified form. 

E Tro.J.~ 9. (a) It being f uncl neces ar-.. in order to upport the 

admini tration of this Suppl m ntal Code and to maintain the 

taudards of fair com petition tabli heel her under and to effectuate 

the poljcy of the Act, ihe Divi ional ode Authority is autL.orized : 

(1) To incur uch reasonable oblio-ati ns as are necessary and 

proper for the foregoing purpo es, and to meet such obligations out 

of funds which may be raised a hereinafter pr vided an l which 

~hall be held in tru t for the purpose of this Supplemental Code. 

(2) To submit to the Administrator for his approval, subject to 

:-uch notice and opportunity to be heard as he may deem necessary 

(1) an itemized budget of its estimated expen es tor the foregoing 

purpose., and (2) an equitable ba is upon which the fund ne e -

sary to support such budget shall be contributed by member of the 

Trade ; 

(3) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable 

contribut10n as above set forth by all members of the Trade, and 

to that end, if necessary, to institute legal proceedings therefor in its 

own name. 

(b) Each member of the Trade shall pay his or its equitable contribution to the ex,r>enses of the maintenance of the Divisional Code 

Authority, deternuned as hereinabove provided, and subj ect to rules 

and regulations pertaining thereto issued by the Admini trator. 

Only members of the Trade complying with the Supplemental Code 

and contributing to the expenses of its administration as hereinabm e provided, unless duly exempted from making such contributions, hall be entitled to participate in the selection of members 

of the Divi ionnl Code Authority or to receive the benefits of any 

of its voluntary activities or to make use of any emblem or in ignia 

of the National Recovery Administra.tion. 

( ) The Divi ional ode Authority hall neither incur nor pay 

any obligation in exce of the amount thereof a estimated in it 

approved buclcr t, except upon approval of th Admini trat.or; and 

no ub equent buclo- t hall contain any d fi cien y item for expenditur in ex ss f prior budo- t ti111ates :x er t those whi h 

the Aclmini trator shall hav so approY d. 

ARTI LD IV-TR DE PRA TI E PROYISIONS 

S PPLE)1E~TLTG ARTI LE YII OF THE E ... TE .\L ODE 

ECTIO.J. 1. Provi ·ion. applying t tran, n tions b tween memb r 

of the Trade and any f th ir cu t m rs in b th the \\ om n \ ear 

an<l J\I =>n s ,v ear Di vi i ns : 
9 

(a) Selling on Oonsignment.-No merchandise shall be shipped 

on memorandum or on consignment for sale by any member of this 

Trade; the terms "memorandum" and "consignment" to mean 

that no option shall be given to return merchandise for exchange 

or credit after delivery of such merchandise, except where the said 

terms " memorandum " and " consignment " are hereafter otherwise defined except that the Divisional Code Authority with the 

approval of the Administrator may permit shipments on consignment where special circumstances of the Trade require the practice. 

(b) Shipments.-All shipments of merchandise to customers shall 

be made F.0.B. point of shipment, except shipments by 1nembers of 

this Trade from point to point within the metropolitan area of 

trade distributing centers, except where it is hereafter otherwise 

provided. 

SECTION 2. Provisions applying to Women's Wear Division: 

(a) Provisions applicable to transactions with the cutting-up trade 

manufacturing ladies', misses', and children's apparel: 

( 1) Terms and Discount.-The maximum terms of credit to customers of members of this division of the Trade shall be two per 

cent (2%) cash discount ten (10) days e.o.m. Pa,yment may be anticipated at the rate of six per eent ( 6%) per annum. No deferred 

datings are I?ermitted except that goods shipped after the twentyfourth (24th) day of any month may be considered as shipped on 

the first (1st) day of the -following month. 

(2) Rebates.-The giving or distribution of merchandise gratis in 

any quantity in the form of samples; the absorption of transportation costs; the promise to accept and/ or the acceptance of merchandise for credit after the season; the allowance of discounts for advertising or for payment for space in newspapers, magazines, guides, 

or directories on behalf of any cu tomer to be used in promoting the 

sale of merchandise to the consumer shall be deemed acts of unfair 

competition and are prohibited except that the furnishing; of ona 

(1) specimen button, buckle, slide, or ornament of any one (1) color 

to any one (1) customer; the absorption of transportation costs on 

shipments by members of this division of the Trade from point to 

point within the metropolitan area of trade distributing centers, and 

the supplying of advertising- cuts and matrices shall, however, not 

be included in such prohibit10n. 

(b) Provisions applicable to transactions with retail department, 

dry goods, and trimming stores: 

(1) Terms and Discownts.-The maximum terms of credit by members of this subdivision of the Trade to retail department, dry goods, 

and trimming stores hall be eight percent (8 %) cash discount, ten 

(10'1 days e.o.m. on regular goods and three percent (3% ) cash discou~t, ten (10) days e.o.m. on pearl goods. Payment may be anticipated at the rate of six percent ( 6%) per annum. No deferred dat1ngs are permitted, except that goods shipped after the twentyfourth (24th) day of any month may be considered as shipped on 

the first (1st) day of the following month. 

(2) elling on on~gn1nent.-No merchandj e shall be shipped on 

memorandum or on consiQ'Ilment for sale by any member of this division of the Trade to retail departm.ent, dry good , and trimming 

stores; the term "m morandum " and " consignment" to mean that 

no option to return merchandise for exchange or credit shall be given 
10 

for a period greater than ten (10) d~ys after delivery of the merchandise except that the Dinsiona.1 Code Authority, with the approval of the Administrator may permit shipments on consignment 

wh re J ecial circumstance of the Trade require the practice. 

(3) R ebates.-Thc giYino- or di ribution of merchandi e gratis 

in any uantity in the forn1 of amples · the ab orption of tran portation cost ; the promi e to ace pt and/ or the acceptance of merchandi e for er tlit after the ea on · the giving to r e ident offices 

or o-roup bu. 'ing ffi e of pe ial con ·ideration, secret rebate , or 

advantao-e gr at r than the di count and terms provided in this 

o<l · the allo"ance of discounts for aclYerti in or for payment for 

spac in n w paper macrazine , guides, or dire torie on behalf of 

any cu -tomer to be use l in promotin the sale of merchandise to the 

con umer shall be d emetl act of unfair competition and are prohibited except that furnishing of one (1) pecimen button, buckle, 

lid r ornament of any one (1) color to any one (1) cu tamer; 

the ab orpti n of tran portation co ts on shipments by members of 

thi clivi ion of the Tra lo from point to point within th metropolitan area of trade distributing centers, and th upplying ·of advertising cuts and matrices hall, hmYever, not be included in such 

prohibition. 

( c) Provi ions applicable to transactions with chain stores: 

(1) For the purpose of this Code, n, "chain tore" is defined as 

one of a group of stores of the same ownership all of them elling 

the ame articles at the same standard price. 

(2) Term and Discoimt.-The maximum terms of credit by members of this division of the Trade to chain stores on the sale of 

buttons shall be two per cent (2%) cash discount, ten (10) days 

e.o.m., F.O.B. point of shipment, and free delivery on shipments 

by members of this division of the Trade from point to point within 

the metropolitan area of trade distributing centers. Payment may 

be anticipated at the rate of six per cent (6% ) per annum. 

(3) The maximum terms of credit by m rnbers of this divi ion 

of the Trade to chain stores on the sale of slides, bu kles, and ornaments shall be two per cent (2% ) cash di count, ten (10) days e.o.m., 

F.O.B. point of shipment, and free delivery on hipments by member of this division of the Trade from point to point within the 

metropolitan ar a of trade di tributinfs center ; or n t ten ( 10) da , 

free 1 livery. Payment may be anbcir ated ~ ... the rate of ix per 

cent (6 X ) I er annum. 

(4) Shipments.-All ~hipm nts of merchandise by m mber 

clivi ion of the Trade to u t mer ·hall be a provid d in 

(b) f this Articl, or a provi<l din subdivisi ns (2) and 

thi ub ection. 

of this 

tion 1 

(3) of 

( ) R bate .-Th o-iYinO' or 1i tributi n of m r handi e rati in 

nny quantity in the f orm of ampl · th ab. orption of tran p rtati n o t ; the promi._e to accer t and/ r the .a ptance f merchan li, for r lit aft r th sea· n · he all wance of di c unt for 

u lv l'Li. inO' r f r · I ayment for s1 a in n , · pap r. magazine. , 

guicl . ·: or din., tori s n behalf of any ustom r to b' u cl in promoting the , 1 of m rc:han 1i · t th n um r ~·hall 1 lcem l act. 

f m fair ·om ,tjtion an l are prohibit d, x It that he ft rni. ·hin~ 

of one ( 1) ·pe ·im n lmtt n, buckl , lid , or rnam nt f a1 y one 
11 

(1) color to any one (1) customer; the absorption o:f transportation 

costs on shipments by members ot this division of the Trade from 

point to point within the metropolitan area of trade distributing 

centers, and the supplying of advertisin8' cuts and matrices shall, 

however, not be included in such prohibition. 

( d) Provisions applicable to transactions with wholesale, dry 

goods~ and notion jobbers, and jobbers in this Trade: 

(1) Terms (J;nd Disooi1,nts.-The maximum terms of credit by 

members of this division of the Trade to jobbers shall be two per 

cent (2% ) cash discount, ten (10) days, sixty (GO) days extra. Payment may be anticipated at the rate of six per cent ( 6% ) per annum. 

(2) Saniples, Sam ple Cards, Electros, and Outs.-The charge for 

samples for buttons actually used in snlling by the jobbers shall be 

at fulJ selling prices; sample cards and labor on same shall be furni hed to jobbers free of charge. 

SECTION 3. Provisions applying to transaction with the cuttingup trade manufacturing men's and boys' clothing and to transactions 

with tailor trimmino- jobbers in the Men's vVea r Division; 

(a) Ter·1ns and Discount.-The maximum terms of credit to customers of members of this Trade shall be net ten (10) days, e.o.m. 

Payment may be anticipated at the rate of six per cent ( 6% ) per 

annum. No deferred datings are permitted, except that goods 

shipped after the twenty-fourth (24th) day of any month may be 

considered as shipped on the first (1st) day of the following month. 

(b) R cbates.-The giving or distribution of merchandise gratis 

in any quantity in the form of samples; the absorption of transportation costs; the promi e to accept and/ or the acceptance of 

merchandise for credit after thirty (30) days from date of delivery 

thereof to the cu tomers; the allowance of discounts for ad-vertising 

or for payment for space in newspapers, magazines, guides, or directories on behalf of any customer to be used in promoting the 

sale of merchandise to the consumer are prohibited, except that 

the furnishin~ of one (1) specimen button or one (1) sample of 

small wear or any one ( 1) color to any one ( 1) customer; the absorption of tran portation co ts on hipments by members of this 

Trade from point to point within the metropolitan area of trade 

distributing center · and the ·npplying of advertising cuts and matrices shall, however, not be includecl in uch prohibition. 

AnncLE V-CosTs AND PmcE CuTTING 2 

SECTION 1. The tanda rd of f air competition for the Trade with 

reference to pricing practice are declared to be a follows : 

(a) vVilfully le tructive price cutting is an unfair method of 

competition and j forbiduen. 

(b) YVhen no decla red emer aency exi ts as to any criv n product, 

there i to be no fixed minimum ba i for pric . It i intended that 

sounrl cot e ·timating methocl · houlcl be n ed and that con ideration 

should be giYen to co ts in th~ cletermination_ of pricin o· policie . 

( c) \Yhen . ai:i emerg ~1cy e:x1 t · a. to 1

any g1vei:i pr~duct , :al ~elow 

the t ated nnmmum pnce of such prou 1 ·t, 1n v1olat10n of Sect10n 2 

hereof is forbidden. 

2 See paragraph 2 (2 ) of order appr oving this Code. 
12 

SECTION 2. Emerqency Provisions.-(a) I:f the Admjnistrator, 

a:fter investigation, shall at any time finct both (1) that an emergency has arisen within the Trade adversely affecting small enterprises or wacres or labor conditions which tend to defeat the purposes of the Act; and (2) that the determination of the stated mini1num price for a specified product within the Trade for a limited 

period is necessary to mitigate the conditions constituting such 

emergency ancl to cfi:'ectua the purposes of the Act, the Divi ional 

Code Authority may cau. e an impartial agency to inve..,tigate co ts 

and to reconunencl to the dministrator a determination of the 

stated minimum price of ~he product affected by the emergency 

and thereupon the Admini tra.tor may proceed to determine such 

stated minimum price. 

(b) \\11en the Administrator shall have determined such stated 

minimtm1 price for a specified pro luct for a stated period, which 

price shall be reasonably calculated to mitigate the conditions of uch 

emergenc3 and to effectuate the purpo e of the National Industrial 

Recovery Act, he shall publi h such price. Thereafter during such 

t'tated period, no member of the Trade hall s 11 uch pecified products at a net realized price below said stated minimum price and 

any such sale shall be deemed de tructive price cutting. From time 

to time, the Divisional Code Authority may recommend review or 

reconsideration or the Admini trator may cau e any determinations 

hereunder to be reviewed or reconsidered and appropriate action 

taken. 

SECTIOK 3. Cost findJin.g.-The Divisional Code Authority shall 

cau e to be formulated methods of co t finding and accounting capabl0 of u e by all member of the Trade and shall submit such methods to the Administrator for review. If approved by the Administrator, full information concerning such methods shall be made 

availabl to all members of the Trade. Thereafter, each member of 

the Trade hall utilize uch methods to the extent found practicable. Nothing herein contained hall be con trued to permit the Divisional 

Code Authority, any aaent thereof, or any member of the Trade to 

suggest uniform addition percentages or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of cosu or price . 

A.Rn LE VI- PowER OF PRESIDENT TO :M:ooIFY 

This Suppl m ntal ode and all the provi ions thereof are expres ly ma 1e u j ct to the riaht of the Pr id nt in accordance with 

th proYi ion of th ub- e ti n (b) of Se tion 10 of the Act, from 

time t time to cancel r mo lify any ord r approval, licen e rule or 

r egulati n i su d nnJ r Title I of aid A t. 

ARTICLE 'II-EFF:CCTIYE DATE 

Thi Suppl m ntal Co le hall be om effective on th 10th day 

aft r its appro, al by the Admini trator. 

Approved ode No. 201- ' up lern nt To. 15. 

R gi try .1. To . 1G12-05. 

0 

UNIV ER SITY OF FLO RIDA 

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