Approved Code No. 328 Registry No. 601-02 

NATIONAL RECOVERY ;\DMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

TAPIOCA DRY PRODUCTS 

INDUSTRY 

AS APPROVED ON MARCH 10, 1934 

WE DO OUR PART 

.., 

ADO A .__,._ 

U.S. DEPO~TOAY a---------~ -~ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved ·Code No. 328 

CODE OF FAIR COMPETITION 

FOR THE 

TAPIOCA DRY PRODUCTS INDUSTRY 

X.s Approved on March 10, 1934 

ORDER 

APPROYING CODE OF FAIR COMPETITION FOR '.rHE TAPIOCA DRY 

PRODUCTS 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 Tapioca Dry Products Industry, and 

hearings having been duly held thereon and the annexed report on 

aid 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. John on, Admini trator for Industrial Reco\ery, 

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 purpo es 

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

Fair Competition be and it is hereby approved. 

HUGH S. JOHNSON, 

AdniinistratoJ' for Industrial R ecove1·y. 

Approval recommended: 

GEO. L. BERRY, 

Division Adniinistrator. 

WASHINGTON, D.C., 

M a1·ch 10, 1934. 

45807 °-425- 63- 34 (593) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The vVhite House 

Srn: Thi is a report on the Code of Fair Competition for the 

Tapioca Dry Products Industry, the hearing on which was conducted 

in accordance with the provisions of the National Recovery Administration. The hearing wa held in the Gridiron Room of the Hotel 

"'Villard on January 23. 

PROYI ION OF THE CODE AS TO WAGE AND HOURS 

Thi Code pecifie , with the exception indicated that no employee hall be permitted to work in e:s:ce · of eight hours in any 

twenty-four hour period, nor in exce · of forty hours in any one 

week. 

There are exempted from the a hove provisions : 

(a) Traveling sale ·men or persons employed in a ·upervisory, 

managerial, or executive capacity who earn not le s than $35.00 per 

week. 

(b) Emplo3 ees engaged in emergency maintenance or emergency 

repair work involving breakdowns or protection of life or property. 

In such in tances at least one and one-third time the normal rate 

shall be paid for hour~ worked in excess of forty-four hours per 

week. · 

(c) \Vatchmen, who shall not be permitted to work in exce s of 

fifty- i.:x: hour per week and who shall be allowed one day off in every 

seven day . ( d) Firemen and engineer , who hall not be permitted to work 

in exces of forty-four hours in any one ·week unles compen ated by 

I ayrnent of one and one-third time· the normal rate for hours worked 

in exce s thereof. 

(e) Chauffeurs, who ·hall not be permitted to work in exce of 

forty-eight hour in any one week. 

The provi. ion of forty hours as a maximum, in an. one week 

and eight hours in any one day, shall not apply for eight week in 

each twenty-six w·eek period. There i provided, however, that 

m ertime work in these special periods shall not exceed five hours 

per week and that in such case, at least one and one-third times the 

normal rate shall be paid for hours worked in excess of eight hours 

in any twenty-four hour period, or in exce s of forty hours in any 

seven day period. 

The Code pecifie that no male employee shall be paid less than 

at the rate of 40 cents per hour, nor female employee engaged in 

lig·ht and non-hazardous work, such a. wrapping packaging, and 

labelling, le s than at the rate of 35 cents per hour per week, with 

the following exception 

(:'94) 
595 

In clerical or office work, no person shall be paid less than $14.00 

per week except that office boys and messengers may not be paid less 

than $12.00 per week but this class of employees shall not exceed 

10% of the total employees in the Industry, and that each plant may 

. have at least one such employee. 

The Code provides that where female employees perform substantially the same work as male employees they shall receive the 

same rate of pay as male em ploye·e . There is provided by this Code, a Labor Board to consist of t"·o 

member.· selected by the Code Authority, two members elected by 

the Labor Advisory Board of the National Recovery Administration 

and a Chairman to be selected by the Administrator. This Board 

shall consider and pass upon any alleged violation, dispute, or nonobservance of the labor provisions of the Code. All deci ions shall, 

if unanimou , be final. In the event that no agreement is reached, 

the matter shall be referred to the appropriate Governmental 

Agency. 

ECONOMIC EFFECTS OF THE CODE 

The Code was presented by the Tapioca Products As ociation 

which was organized in 1933 to permit the Industry to function 

under the terms of the National Indu trial Recovery Act. In membership the Association represents, it is claimed, over 92 % of the 

volume of bu iness in the Industry. There are eighteen concerns 

engaged in the manufacture of tapioca dry products. With one exception, they appear to be located along the Atla.ntic Seaboard. 

Sixteen of these firms are members of the Association. 

The Tapioca Dry Products Indu try includes the manufacturing, 

converting, and distributing at whole ale of all dry products composed wholly or chiefly of tapioca. It is claimed that because of 

special and desirable characteristics, tapioca products are used in 

many industries. A United States Tariff Commis. ion bulletin gives 

their distribution in 1928 as follows : 

FOOLls: Percent 

1. Pea rl, flake. ·, siftings, seeds_________________________ 6. 6 

2. Flour ______________________________________________ 13.8 

Textile sizings____________________________________________ 9·. 7 

~Vood glues _______________________________________________ 33.1 

Adhesives, gums and dextrin _________ __________ · __ _______ _ 27.3 

~Iiscellaneous ____________________________________ _________ 9.5 

The aggregate capital investment for 1933 was estimated for 1933 

to be $4,297,309.32. The aggregate annual production capacity for 

1933 was estimated to be 64,999 Long Tons. It has been stated that 

aggregate sales were estimated at 54,825 tons in 1929, 53,630 tons in 

1932, and 38,994 tons in the first half of 1933. 

In 1929 about 500 persons were employed in the Tapioca Dry 

Products Industry. Employment increased until July 1, 1933 when 

the number of employees was 544, or nearly 9 per cent more than in 

1929. Of the e, about 290 were factory workers and the remainder 

were engaged in office and sales work. It is estimated that not more 

than 10 per cent of the factory wage earners were females. 

As a result of the 40-hour week, it is estimatea that the number of 

factory employees will be about 6 per cent higher than in July, 1933. 
596 

The factory payroll will probably be increased 4 or 5 per cent due to 

the proposed minimum wages and additional employment. 

Unemployment has apparently not been a problem in the tapioca 

indu try, although the length of the average working week has declined. If production i maintained at the level of July, 1933, the 

adoption of the 40-hour week will re ult in the employment of about 

6 per cent more factory workers. This is in addition to the 9 per cent 

increase in employrn.ent already noted between 1929 and July, 1933. 

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

having found as herein set forth and on the basis of all the proceeding , in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and pur- poses of Title I of the ~ T ational Indu trial RecoYery Act, including 

removal of ob truction · to the free flow of inter tate and foreign 

commerce which ten l to dimini ·h the amount thereof and will provide for the general welfare by promoting the organization of indu try for the purpo e of cooperative act.ion among the trade groups, 

by inducing and maintaining united action of labor and management under adequa te governmental anctions and supervision, by 

eliminating unfair competitive practice by promoting the fulle t 

po ible utilization of the pre ent productive capacity of industrie , 

by avoiding undue re triction of production ( except a may be 

temporarily required), by increa ing the con umption of indu trial 

and agricultural product through increasing purchasing power, by 

reducing and relieving unemployment, by improving tandard of 

labor, and by otherwi e rehabilitating indu try. 

(b) Said Industry normally employ not more than 50,000 e1nployees; and is not cla ified by me as a major indu try. (c) The Code as approved complies in all re pect with the pertinent provi ions of said Title of said Act, including without limitation Subsection (a) of Section 3, Sub ection (a) of Section 7, and 

Sub ection (b) of Section 10 thereof; and that the applicant a o- ciation i an industrial a sociation truly representati--ve of the aforesaid Industry; and that said association impo es no inequitable restrictions on admis ion to membership therein. 

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

or monopolistic practice . 

( e) The Code is not de igned to and will not eliminate or oppress 

small enterprises and will not operate to di criminate against them. 

(f) Those engaged in other teps of the economic proce ·s have 

not been deprived of the right to be heard prior to approval of 

said Code. 

For these reasons this Code has b 0 en approved. 

Respectfully, 

MARCH 10, 1934. 

H UGH s. JOHNSON, 

Aclm,inistrator. 
CODE OF FAIR COMPETITION FOR THE TAPIOCA DRY 

PRODUCTS INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competition for the Tapioca Dry Products Industry, and upon approval 

by the President, its provisions shall be the standards of -fair competition for such industry and shall be binding upon every member 

thereof. 

ARTICLE II-DEFINITIONS 

The term" tapioca dry products industry" as used hernin includes 

the manufacturing, converting, and distributing at wholesale, all 

dry products composed wholly or chiefly of tapioca., except packaged tapioca sold for food through retail grocery and food stores. 

The term "member of the industry" 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 term "em]?loyee" as used herein includes any and all persons 

engaged in the industry, however compensated, except a member 

of the industry. 

The terms ''Act" and "Administrator" as used herein mean respectiv-ely Title I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery. 

ARTICLE III-HouRs 

SECTION 1. Lviaxi.mum, Hours.-No employee shall be permitted to 

,,ork in excess of forty ( 40) hours in any one week or eight (8) 

hours in any twenty-four (24) hour period, beginning at midnight, 

except as herein otherwise provided. 

SECTION 2. Exceptions as to Ho'ulf's.-(a) The provisions of this 

Article shall not apply to traveling salesmen, or to persons employed in a supervisory, managerial or executive capacity, who earn 

not less than $35.00 per week. 

(b) The maximum hours fixed in the foregoing sections shall 

not apply to any em.ployee engaged in emergency maintenance or 

emergency repair work involving breakdowns or protection of life 

or property, but in any such special case, at least one and one-third 

(11⁄4) times the normal rate shall be paid for hours worked in 

excess of forty-four (44) hours per week. 

( c) Watchmen shall not be permitted to work in excess of fiftysix ( 56) hours per week and they shall be allowed one ( 1) day off 

in every 7 days. 

(507) 
598 

(cl) Firemen and engineer shall not be permitted to work in 

excess 0£ forty-four (44) hours in any one week unless they sh all 

be compensated by payment of one and one-third the norma l rate 

:for all work in exces of forty-four (44) hours. 

( e) Chauffeur hall not be permitted to "ork in exce of fortyeight ( 48) hour in any one week. 

SEcTIOK 3. The maximum hour fixed in Section I ·hall not apply 

for eight ( ) week in each twenty- ix (26) week period, during 

which time overtime shall not exceed five (5) hour per week proYided, howe--rer that in such case at lea t one and one-thir l times 

the normal rate . hall be paid for hour worked in exec of eight 

( ) hour in an} t"enty-four (24) hour period, or fort ( 40) hours 

in any seven (7) day period. 

SEcTIOX 4. Employment by ev red E,niploye1·s.-· No employer 

hnll knowingly permit any emplo3 e to work for any ti.me which 

when totaled "ith that already performed with another employer, 

or employer . . exceed. the maximum permitted herein. 

AnTICLE IY-"\"\ AGES 

ECTIOK 1. nJinimwn 1Vagc.-No employee ·hall be paid le · · than 

at the rate of forty ( 40¢) cent per hour. but female employee engaaed in light and non-hazardou · work ·uch a wrapping packaging and labellino-. may be paid not le than at the rate of thirtyfiye (35¢) cent. · per hour per "eek of forty ( 40) hour ; except as 

follows : 

SECTIOX 2. Ole1'ical and Office 1VorI·.-N o per on employe l in clerical or office work ·hall be paid le than . 14.00 per week except 

that office boy and me enger may be paid not le · than $12.00 

per week but that thi · cla · of employee · ·hall not exceed 10% of 

the total number of employees in the Indu trv, but that each plant 

may have at least one such employee. 

SECTIOX 3. ~f inimum. 1Vage Rates by Locality 01· Occupation.-

After the approval of this Code, th Code Authority may pre ·ent 

for approval to the Administrator, after notice and hearing, recommendation a to upward adjustments in minimum ,,ages in general 

or for pecified localitie. or occupation · in order to effectuate the 

purpo es of the Act. 

SEcTIO:N 4. Female Employees.-F male employee. p rforming 

ub tantially the same work as male employ es hall receive the 

·ame rate of pay a male employee . 

SECTION 5. Handicapped Pe1'Son .- A per on who e earning apacity is limited becau e of age or physical or mental handicap 1nay 

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

by thi Code if the employer obtain from the State Authority de·-

ignated by the United tate Department of Labor, a certificate 

authorizing hi employment at uch "ages and for such hours as 

hall be stated in the certificate. Each employer hall file with the 

ode Authority a li t of all such person employed by him. 

SECTION 6. Pieceio01·k Oompensation-llfinirnum, lVages.- This 

article e tabli he a minimum rate of pay which shall apply, irrepecti,·e of whether an employee i actually compensated on a time 

rate. piecework or other ba i . 
599 

SECTION 7. lVages Above the Minimum.-It shall be the policy of 

each employer in °ach e tabli hment to make fair and equitable adjustments of all pay schedules based upon changes in minimum pay 

necessitated by the foregoing paragraphs in this Article. 

SE TION 8. Employees hall be paid all money due for service · rendered in the form of negotiable currency or check without deduction therefrom, except with their a ·ent or as required by Federal 

or State law ·. 

ARTICLE V-GENERAL LABOR PROVI IONS 

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

age shall be employed in the industry. No person under eighteen 

(18) years of age shall be employed at operations or occupations 

which are hazardous in nature or dangerous to health. The Code 

Authority ·hall submit to the Administrator within thirty (30) da,ys 

after the effective date hereof a list of such operations or occupation. . 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 

pennit duly signed by the Authority in such State empowered to 

issue employment or age certificates or permits showing that the 

emJ)loyee i of the required age. 

SECTION 2. p,,ovisions from, the Act.-In compliance with Section 

7 (a) of the Act it is provided: 

(a) That employees shall have the right to organize and bargain 

coll ctively through representatives of their own choosing, and shall' 

be free from the interference, restraint, or coercion of employer of 

labor, or their agents, in the designation of such representatives or 

in self-organization or in other concerted activities for the purpo ·e 

of collective bargaining or other mutual aid or protection. 

(b) That no employee and no one ·eeking employment hall be 

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or a sisting a labor organization of hi · own choosing, and 

( c) That employers shall comply 1Vith the maximum hour · of 

labor, minimum rates of pay, and other conditions of employment 

approved or prescribed by the President. 

SECTION 3. Reclassification of En1;ployees.-No employer shall reclassify employee or duties of occupations performed, or engage in 

any other subterfuge to defeat the purpo e~ or provisions of the Act 

or of this Code. 

SECTION 4. Standa,,ds /01· af ety and H ealtli.-Every employer 

shall make reasonable provision for the safety and health of his 

employees at the place and during the hours of their employment. 

SECTION 5. State L(J;ws.-N o provision in this Code shall super ·ede 

any State or Fe leral law -which imposes on employers more . tringent 

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

safety, health, sanitary, or general working condition , or in urance, 

or fire protection, than are imposed by this Code. 

SECTION 6. Posting.-All employers ·hall post complete copies oi 

this Code in conspicuous places accessible to employees. 
600 

ARTICLE VI-ORGANIZATION, P WER AND DunE OF THE ConE 

AUTHORITY 

ORGANIZ~\.TION AND COXSTITUTION 

SECTION 1. There shall forthwith be constituted a Code Authority 

con i ting of eYen (7) per on. to be selected in the following 

manner: 

The even (7) member who together with the representatives of 

the President hall comprise the Code Authority hall be the seven 

(7) directors comprising the Board of Directors of the Tapioca 

Products As ociation, who ·hall be elected at the annual meeting of 

the 1nembers of the As ociation for the term of one (1) year and 

until their ucce~ or shall be elected and qualify. The members of 

the As ociation shall, by re olution, decide upon the description and 

number of the several subdivisions of the industry comprised by the 

membership of the Association, and each such group shall be reprere entecl by at least one (1) member on the Board of Directors, who 

hall be elected from such group. 

SECTION 2. In addition to member hip a above provided, there 

may be not more than three members, without , ote, to be appointed 

by the Admini trator. 

SECTION 3. Each trade or in lu trial a sociation directly or indirectly participating in the election or activities of the Code Authority hall (1) impo e no inequitable restrictions on membership, 

and ( 2) u bmi t to the _,. lministrator true copies of its articles of 

association, by-law , regulations, and any amendments when made 

thereto, together with uch other information a to member hip, 

organization, and activities a th Admini trator may deem necessary 

to effectuate the purpo es of the Act. 

SECTION 4. In order that the Code Authority shall at all times be 

truly repre entatiYe of the indu try and in other respects comply 

with the prm i ions of the Act, the Admini trator may prescribe 

such hearings a he may leem proper; and thereafter if he hall find 

that the Code Authority i not truly representative or does not in 

other re pect comply with the provisions of the Act, may require 

an appropriate modification in the method of election and composition of the Code Authority. 

SECTIO 5. :Member of the jndu try, shall be entitled to participate in and hare the benefits of the activities of the Code Authority and to participate in the election of the member thereof by asenting to and complying with the requirements of this Code and 

sustaining their rea onable share of the expen es of its administration. Such rea onable hare o-f the expen es o-f admini tration 

shall be determined by the Code Authority, subject to review by the 

Admini trator, on the basi of volume of bu ine and/or such other 

factors as may be deemed equitable. 

SECTION 6. Nothing contained in this Code shall constitute the 

111embers of the Code Authority partner for any purpose. Nor shall 

any member of the Code Authority be liable in any manner to anyone for any act o-f any other member , officer, agent, or employee of 

the Code Authority. Nor shall any member of the Code Authority, 
601 

exercising reasonable diligence in the conduct o:f his duties hereunder, 

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

except :for his own will:ful misfeasance or nonfeasance. 

POWERS AND DUTIES 

SECTION 7. The Code Authority shall have the following further 

powers ·and duties: 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the provisions of 

the Act. 

(b) To adopt by-laws and rules and regulation for its procedure 

and for the administration and enforcement of the Code. 

( c) To obtain from members of the industry such information ancl 

reports as are required for the administration of the Code. In addition to information required to be submitted to the Code Authority, 

all members of the Industry shall furnish such statistical informa- tion as the Administrator may de-em necessary for the purposes 

recited in Section 3 (a) of the Act to such F ederal and/ or State 

agencies as he may designate; nor shall anything in this Code re- lieve any person of any existing obligation to furnish reports to 

any Government agencies. 

( 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. 

( 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 or affect 1nembers of the 

industry. 

( f) To secure from members of the industry an equitable and 

proportionate payment of the reasonable expenses of 111.aintaining 

the Code Authority and its activities. 

(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 r 0 commend. 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 

Administrator measures for industrial planning, including stabilization of employment. 

(i) The Code Authority shall cause to be formulated. an accounting 

system and methods of cost finding and/ or estimating capable of 

use by all members of the industry. After such system and methods 

have been formulated and approved by the Administrator, :full 

details concerning them shall be made available to all members. 

Thereafter all members shall ·aetermine and/or estimate costs in 

accordance with the principles of such methods. 

SECTION 8. 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 
602 

that such action be suspended to afford an opportunity for investio·ation of the merits of such action and further consideration by 

:uch code authority or agency pending final action which shall not 

be effective unle s the Administrator approves or unless he shall 

fail to disapprove after thirty days' notice to him of intention to 

proceed with uch action in its original or 1nodified form. 

LABOR BOARD 

SECTION 9. A labor board to consist of two members selected by 

the Code Authority, two members selected by the Labor Advisory 

Board of the National Recovery Administration and a Chairman 

to be selected by the Administrator shall be formed to consider and 

pass upon any alleged violation, dispute, or nonobservance of the 

labor provisions of the Code. All decisions shall, if unanimous, be 

final. In the event that no agreement is reached, the matter will be 

referred to the appropriate Governmental agency. 

ARTICLE VII-TRADE PRACTICES 

It hall be unfair competition for any member of the Industry to 

engage in any of the following unfair trade practices : 

1. False Billing.-To knowingly withhold from or insert in any 

quotation or invoice any statement that makes it inaccurate in any 

n1aterial particular. 

2. I naccurate L abelling .-To brand or mark or pack any goods 

in any manner which is intended to or doe · deceive or mislead purcha ers with respect to the brand, grade, quality, quantity, origin: 

size, substance, character, nature, finish, ma.terial content, or preparation of uch goods. 3. l nacmtl'ate R ef erence to Oonipetit01· etc.-To publish advertising which refers inaccurately in any material particular to any 

competitors or their good , price , value , credit tern1S, policies or 

~ernce . 4. S elling B elow Oost.-After the e tablishment of a system of cost 

accounting for the I ndustry as provided in Article VI Sub-Section 

(i), no member shall ell the products of the Industry at such prices 

or upon uch terms and conditions of sale as will re ult in the purchaser purcha ing uch product at less than the cost thereof to the 

c::e ller determined in accordance with the afore aid sy tern of cost 

accounting, except to meet competition, not instigated directly or 

indirectly by the party desiring to meet such competition but to 

meet the price of a competitor whose price does not violate the Code. 

5. Tkreats of L aw Suits.-To publish or circulate unjustified or 

unwarranted threats of legal proceedings which tend to or have 

the effect of haras ing competitors or intimidating their customer . 6. Bribing Em,ployees.-To give, permit to be given, or directly 

offer to giYe, anything of value for the purpose of influencing or 

rewarding the action of any employee, agent, or r epresentative of 

another in relation to the busin° s of the employer of such employee, 

the principal of such agent or the represented party, without the 

knowle(lg of .·uch employer. principal or party. This provision 

shall not be con trued to prohibit free and general distribution of 
603 

articles commonly used £or ad-vertising except so far as such articles 

are actually used for comn1ercial bribery as hereinabove defined. 

7. l nterf e1·ence with Another's Oontracts.-To attempt to induce 

the breach of an existing contract between a competitor and his 

employee or customer or source of supply; nor shall any such member 

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

or services. 

8. Ooercion.-To require that the purchase or lea e of any goods 

be prerequi ite to the purchase or lease of any other goods. 

9. Blacklisting.-To join or participate with other members of the 

industrv who with such member constitute a substantial number of 

members of the industry or who together control a substantial percent of the business of any specific product or products of the industry, in any tran action known in law as a blacklist, including any 

practice or device (such as a white list), which accomplishes the 

purpo e of a blacklist. 

10. G-uaranteeing P1·ices.-To guarantee price · against decline. 

11. Oontracts.-To allow termination or modification of contracts 

without complete compensation for any lo s resulting therefrom. 

12. M aohinery as indiwement of Sale.-To give, rent, or sell any 

new or additional machinery or equi p111ent to any buyer except that 

a seller of dry vegetable glue to the wood working indu try may replace machinery or equipment heretofore installed by aid eller with 

machinery or equipment of identical capacity. 

13. F11ee Sam,ples.-To give a free sample to an3 buyer in exces of 

approximately two hundred (200) pound . 

14. Sales on Oonsignment.-To sell or ship good on consignment. 

15. l nvoices.-To date inYoices later thaμ the date of shipment. 

16. T enns.-To sell on any terms more favorable than 30 days 

net or 27c fifteenth proximo. 

ARTICLE ' III-EXPORT TRADE 

SECTION 1. (a) No provision of this Code relating to prices or 

terms of selling, shipping, or marketing, hall apply to export trade 

or sales or shipments for export trade. 

(b) Subject to the appro-val of the Code Authority, the exceptions 

established by this article shall apply also to sales or shipments of 

materials actually u eel in manufacture for export trade . 

• 

ARTICLE IX-~10DIFICATION 

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

made subject to the rights of the President, in accordance with the 

provi ion of subsection (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, license, rule, or 

regulation i sued under said Act. 

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

may be modified on the basi of experience or changes in circumstances, such modifications to be based upon application to the Administrator, and such notice and hearing as he shall specify, and to 

become eff~ctive on approval of the President. 
604 

Airr1cLE X-MoxoPoLrns, ETc. 

No provisions of thi Code shall be so applied as to permit monopolies or monopoli tic practices, or to eliminate, oppres , or discriminate against small enterpri es. 

ARTICLE XI-EFFE TIVE DATE 

The provi ion of thi ode ·hall become effective ten (10) lay3 

after its approval by the President.. 

Appro,ed Code No. 328. 

Registry No. 601-02. 

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UNIVER ~ ITY OF FLORID A 

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