Approved Code No. 347-Supplernent No. 32 Registry No. 1304-05 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

C·ODE OF FAIR COMPETITION 

FOR THE 

AIR FILTER INDUSTRY 

(A Division of the Machinery and Allied Products Industry) 

AS APPROVED ON JULY 21, 1934 

UNtV. OP·FL L •. 

0 ~ -.. ·- .... : -........ · 

WE DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cent. 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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. 347-Supplement No. 32 

---- SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

AIR FILTER INDUSTRY 

As Approved on July 21, 1934 

ORDER 

APPROVING SUPPLEMENTAL ConE oF FAIR CoMPETITION FOR THE Am 

FILTER INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PIWDUCTS 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 Supplemental Code of Fair Competition for the Air Filter Subdivision of 

Machinery and Allied Products Industry, and a hearing having been 

duly held thereon and the annexed report on said Supplemental 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 Pres- id~nt, 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 Supplemental 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 Supplemental Code of Fair Competition be and it is hereby 

approved subject to the condition that the provisions of Article VIII, 

Section (a), insofar as they prescribe a waiting period between the 

filing with the Code Authority (or such agency as may be designated 

in the Supplemental Code) and the effective date of price lists, as 

originally filed andj or revised price lists or revised terms and conditions of sale, be and they hereby are stayed pending my further 

order. 

HuGH S. JoHNsoN, 

Administrator for I nd!ustrial Recovery. 

Approval recommended: 

BARTON w. MURRAY, 

DivUion Administrator. 

wASHINGTON, D.C., 

July £1, 1931,.. 

7535 ·---- 2~ 124----34 (1) 
I 

REPORT TO ·THE PRESIDENT 

~e PREsiDENT, 

. Th:e W{l,ite li O'USe. 

' Srn: This is a report on the Supplemental Code of Fair Competition for the Air Filter Subdivision of the Machinery and Allied 

:Products Industry, public hearing having been conducted thereon in 

Washington, D.O., December 21, 1933 in accordance with th.e provisions ?f Title I o:f the National Industrial Recovery Act. Every 

person who filed a request for an appearance was freely heard in 

public and all statutory and regulatory requirements were complied 

with. 

GENERAL STATEMENT 

The National Association of Air Filter Manufacturers, being truly 

representative of this Subdivision of the Machinery and Allied Products Industry, has elected to avail itself of the option of submitting 

a Supplemental Code of Fair Competition, as provided in Article I 

of the Basic Code for the Machinery and Allied Products Industry 

approved by you on the seventeenth day of March 1934. 

This Subdivision represents a part of the capital goods industry1 manufacturing and selling equipment used solely for the cleaning ot 

air and other gases, and parts thereof except for use in aeroplanes, 

automobiles, trucks or tractors. 

ECONOMIC EFFECT 

In 1929 this Subdivision employed approximately 400 persons, 

including office workers. Employment of factory workers, estimated 

to be 33B in 1929, decline4 to approximately 164 in Nove1nber, 1933, 

or 51.5 per cent. 

Annual sales of the Subdivision, based on estimates furnished by 

the National Association of Air Filter Manufacturers, declined from 

$2,000,000 in 1929 to $800,000 in 1933, or 60 per cent. 

Approximately 69 percent of the workers were working more than 

40 hours per week as of June 15, 1933. The average work-week 

declinBd from 50 hours in 1929 to 38.6 hours in November 1933. 

Estimated average man-hours per week declined from 16,900 in 

1929 to 6,330 in November 1933, or 62.5 per cent. Until there is a 

further increase in man-hour requirements, the adoption of the 40-

hour week will not cause an increase in employment in this Subdivision. 

Based on ~raphic interpolation of summarized National Recovery 

AdministratiOn questionnaire returns as of June 15, 1933, approximately 18.8 per cent of the workers were receiving less than 40 cents 

per hour; 13.6 per cent were receiving less than 38 cents per hour; 

8.5 percent were receiving less than 36 cents per hour; and 3.1 per 

(2) 
3 

cent were receiving less than 32 cents per hour. The adoption of 

the minimum wage rates provided by the Code will probably cause a 

small increase in the total payrolls of this Subdivision. 

RESUME OF THE SUPPLEMENTAL CODE 

Article I states the purpose of the Supplemental Code. 

Article II accurately defines specific terms employed in this Supplemental Code. 

Article III. The labor provisions of the Basic Code for the 

Machinery and Allied Products Industry, as approved March 17, 

1934, are incorporated by reference as the labor provisions of this 

Supplemental Code. 

Article IV adopts the relevant portions of Article II "Definitions ", Article VI "Administration " and Article VIII, " Modifications and Termination " of the Basic Code for the Machinery and 

Allied Products Industry, as approved March 17, 1934. 

Article V establishes a code authority consisting of three members. The Administration, in his discretion, may appoint one additional member, without vote and without expense to the Subdivision. 

Together with the applicable provisions of the Basic Code, mechanism is provided for the administration of this Supplemental Code. 

Article VI provides for an accounting system and methods of cost 

finding and/or estimating. 

Article VII provides that during an emergency, the lowest reasonable cost of products of the Subdivision may be determined, and that 

during said emergency, it shall be an unfair trade practice to sell at 

less than the determined re['l.sonable cost. 

Article VIII provides for tr e filing of price lists, discount sheets 

and terms of sale and payment and for filing of revisions thereto. 

Articla IX sets forth the unfair trade practices which have been 

especially designed to offset unfair competition in this Subdivision. 

Article X defines export territory and provides that filed prices, 

discounts and terms of sale and payment are not applicable to export 

shipments. 

Article XI contains the mandatory provisions contained in Section 

10 (b) of the Act, and also provides for the submission of proposed 

amendments to the Supplemer..tal Code. 

Article XII provides for the withdrawal of this Subdivision from 

the jurisdiction of the Basic Code Autho:rity and for the continued 

functioning of this Subdivision as an individual industry under its 

own code. 

Article XIII provides that there shall be no inequitable restrictions and provides against monopolies. 

Article XIV gives the effective date of this Supplemental Code. 

FINDINGS o ! I : !' 

The Assistant Deputy Administrator 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 Supplemental Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery 
4 

Act, including removal of obstructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof, 

und will provide for the general welfare by promoting the organization of industry for the purpose of cooperative actwn among the 

trade groups, by inducing and maintaining united action of labor 

and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the 

fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may 

be temporarily required), by increasing the consumption of industrial and agricultural products through Increasing purchasing power, 

by reducing and relieving unemployment, by improving standards 

of labor, and by otherwise rehabilitating industry. 

(b) Said Subdivision employs not more than 50,000 employees and 

is not classified by me as a maJor industry. 

(c) The Supplemental 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, Subse~tion (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 Subdivision; and that said association imposes 

no inequitable restrictions on admission to membership therein. 

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

monopolies or monopolistic practices. 

(e) The Supplemental 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 

Supplemental Code. 

For these reasons, therefore, I have approved this Supplemental 

Code on the condition that certain provisions relating to price publication are stayed, as stated in the 01·der. 

Respectfully, 

JULY 21, 1934. 

HUGH s. JOHNSON' 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE AIR FILTER INDUSTRY 

A DIVISION OF THE M. CHINERY AND ALLIED PRODUCTS INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Supplemental Code for the Air Filter Subdivision of the Machinery and 

Allied Products Industry, and together with the Code of Fair Competition of Machinery and Allied Products Industry, shall be the 

standard of fair competition for this Subdivision and shall be binding on every employer therein. 

ARTICLE II-DEFINITIONS 

"Applicant" means the National Association of Air Filter Manufacturers, a trade organization, all members of which are engaaed in 

the manufacture for sale of the products of the Air Filter Subdivision of Machinery and Allied Products Industry. 

"Industry" means the Machinery and Allied Products Industry, 

as defined in its Code of Fair Competition as approved by the President, and as such definition may from time to time be amended. 

"Subdivision" means the Air Filter Subdivision of the Machinery 

and Allied Products Industry as defined and set forth in paragraph 

(1), Article II, of the Code of Fair Competition o.f the Machinery 

and Allied Products Industry as follows: 

"Air Filter Subdivision means the manufacture for sale of equipment used solely for the cleaning of air and other gases, and parts 

thereof, except for use in aeroplanes, automobiles, trucks or tractors 

and includes all those engaged in such manufacture for sale." 

"Code" means the Code of Fair Competition of the Machine.r'y 

and Allied Products Industry as approved by the President, March 

17 1934, and as from time to time amended. 

z, Person" mean a natural person, a partnership, a corporation, 

an association, a tr'ust, a trustee, a trustee in bankruptcy, a receiver, 

or other entity. 

"Employer" means any pe:r;:;on engaged in this Subdivision either 

on his own behalf or as an employer of labor. 

"Employee" means any one who is employed in the Subdivision 

by any such employer. 

"The Act" means Title I of theN ational Industrial Recovery Act. 

"The President" means the President of the United States. 

"The Administrator" means the Administrator .for Industrial 

Recovery. 

"Basic Code Authority" means the Code Authority for the Machinery and Allied Products Industry as constituted by the Code. 

(5) 
6 

"Code Authority" means the Code Autliority constituted for this 

Subdivision as provided by the Code and by this Supplemental Code. 

"Group Code Authority" means the Code Authority for any 

group or product classification within this Subdivision. 

" Publish " means to make available to the public. 

ARTICLE Ill-EMPLOYMENT PROVISIONS 

The following Articles of the Code, viz: Article III, " Working 

Hours "; Article IV, " Wages "; and Article V, " General Labor 

Provisions" are hereby made a part of this Supplemental Code, with 

the same effect as if they were written into this Supplemental Code. 

ARTICLE IV-AnoPTION OF OTHER PROVISIONS OF ConE 

The following Articles of the Code, viz : Article II, " Definitions " 

and Article VI, "Administration", to the extent that they shall be 

applicable to this Supplemental Code as such or as it may hereafter 

be administered as an autonomous Code; and Article VIII, "Modifications and Termination " are hereby adopted and made a part 

of this Supplemental Code, with the same effect as if they were 

written into this Supplemental Code. 

ARTICLE V-ADMINISTR.A TION 

(a) A Code Authority for this Subdivision is hereby coniltituted 

to administer, and supervise, and to facilitate the enforcement of 

the Code and of this Supplemental Code in the manner and to the 

extent provided in the Code and in this Supplemental Code. 

(b) During a period not to e~ceed sixty ( 60) days following the 

effective date and pending the election of the permanent Code Authority, the executive committee of the aJ?plicant shall constitute 

a temporary Code Authority. The Administrator in his discretion 

may appoint one additional member (without vote and without 

expense to the Subdivision). 

(c) The Applicant shall, by written notice sent at least ten (10) 

days in advance of the meeting by registered mail to all employers 

whose names the Applicant has ascertained after reasonably diligent 

search, call a meeting of employers to be held within sixty (60) days 

after the effective date of this Supplemental Code for the purpose 

of adopting procedural rules and regulations for the action, organization and operation of the permanent Code Authority and electing 

a permanent Code Authority which shall consist of three members. 

The Administrator, in his discretion, may appoint one additional 

member (without vote and without expense to the Subdivision). 

The perman'ent Code Authority so elected and appointed shall succeed the temporary Code Authority. 

Any vacancy on the Code Authority due to death4 resignation, o~ 

because a member thereof has ceased to be connected with the Sub~ 

division, shall be filled at a meeting of employers called by the Code 

Authority on at least ten days' notice by registered mail sent to all 

em-ployers in this Subdivision, and by a vote similar to the vote by 

which the retired member was originally selected. 
7 

In order that the Code Authority shall at all times be truly repre- ~entative of the Subdivision and in other respects comply with the 

provisions of the Act, the Administrator may prescribe such hearIngs as he may deem proper; and thereafter if he shall find that the 

Code Authority is not truly representative or does not in other respects comply with the provisions of the Act, may require an 

appropriate modification of the Code Authority. 

Each trade or industrial association directly or indirectly participating in t.he se~ection or a.ct~vities of the Cod~ Authority shall. {1) 

Impose no Inequitable restrictwns on membership, and {2) subnut to 

the Administrator true copies of its articles of association, By-Laws, 

regulations, and any amendments when made thereto, together with 

such other information as to membership, organization and activities 

as the Administrator may deem necessary to effectuate the purposes 

of the Act. 

(d) 1. It being found necessary, in order to support the administration of this Supplemental Code and to maintain the standards of 

fair competition established hereunder and to effectuate the policy 

of the Act, the Code Authority is authorized: 

( aa) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Supplemental Code. 

(bb) 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 expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by employers of the 

Subdivision. 

( cc) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all employers of the Subdivision, and 

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

own name. 

2. Each employer of the Subdivision shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

employers of the Subdivision complym~ with the Supplemental 

Code and contributing to the expenses of Its administration as hereinabove provided, unless duly exempted from making such contribution, shall be entitled to participate in the selection of members of 

the. qo~e Authority or to receive the benefit~ o~ a~y of its voluntary 

activities or to make use of any emblem or rnsigrua of the National 

Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obliga ... tion in excess of the amount thereof as estimated in its approved budget except upon approval of the Administrator; and no subsequent 

budget shall contain any deficiency item for expenditures in excess of 

prior budget estimates except those which the Administrator shall 

have so approved. 

(e) Action by employers in any Subdivision meeting for the election of Code Authority shall be by vote of the employers entitled 
8 

to vote as provided in Section (d) of this Article V, and who are 

present in person or by proxy, each such employer to have one vote 

only. Action by employers in any Subdivision meeting for the 

adoption of procedural rules, revisions, or additions to the Supplemental Code or the transaction of other business of the Subdivision 

under this Supplemental Code, shall be by vote of the employers in 

the Subdivision who are entitled to vote thereat as provided in Section (d), Article V of this Supplemental Code and are present in 

person or by proxy duly executed and filed with Code Authority; 

cast and computed in the manner provided in Section (d) Article 

VI of the Code. All questions as to the number of votes which each 

employer shall be entitled to cast at any meeting of employers, 

other than the. meeting held to vote :for the election of the permanent 

Code Authority, shall be determined by Code Authority, in accordance with Section (d) Article VI of the Code. 

(f) Employers in this Subdivision having a common interest and 

common problems may be grouped by Code Authority :for administrative purposes. There may be a Group Code Authority approved 

or appointed by Code Authority :for each such group. 

(g) I:f formal complaint is made to Code Authority that provisions of this Supplemental Code have been violated by any employer, Code Authority or the proper Group Code Authority may, 

to the extent permitted by the Act, cause such investigation or audit 

to be made as m~y be deemed necessary. If sueh investigation is 

made by Group Code Authority it shall report the result of such 

investigation or audit to Code Authority :for action. 

(h) The Code Authority may appoint a Trade Practice Committee which shall meet with the Trade Practice Committees appointed 

under such other Codes as may be related to the Subdivision :for the 

purpose o:f :formulating :fair trade practices to govern the relationships between production and distribution employers under this 

Supplemental Code and under such others to the extent that such 

:fair trade practices may be proposed to the Administrator as amendments to this Supplemental Code and such other codes. 

ARTICLE VI-AccouNTING AND CosTING 

· The Code Authority shall cause to be formulated an accounting 

system and methods of cost finding andjor estimating capable o:f use 

by all employers o:f the Subdivision. After such system and methods 

have been :formulated, :full details concerning them shall be made 

available to all employers. Thereafter, all employers shall determine andjor estimate costs in accordance with the principles o:f such 

methods. 

ARTICLE VII-SELLING BELOW REASON ABLE CosT 

\Vhen the Code Authority determines that an emergency exists in 

this Subdivision and that the cause thereof is destructive price-cut- ~ing such as to render ineffective or seriously endanger the maintenance o:f the provisions of this Supplemental Code, the Code Authority may cause to be determined the lowest reasonable cost of the 

products of this Subdivision, such determination to be subject to 

such notice and hearing as the Administrator may require. The 

Administrator may approve, disapprove, or modify the determina-
9 

tion. Thereafter, during the period o£ the emergency2 it shall be an 

unfair trade practice for any employer of the SubdiVIsion to sell or 

offer to sell any products o£ the Subdivision for which the lowest 

reasonable cost has been determined, at such prices or upon such 

terms or conditions of sale that the buyer will pay less therefor than 

the lowest reasonable cost of such products. 

When it appears that conditions have changed, the Code Authority, upon its own initiative or upon the request of any interested 

party, shall cause the determination to be reviewed. 

ARTICLE VIII-PRICE LISTS 

(a) If and when Code Authority determines that in -any group o£ 

the Subdivision it has been the generally recognized practice to sell 

a specified product on the basis of net price lists, or price lists with 

discount sheets, and terms of sale and payment, each employer en- gaged in the manufacture of such products shall, within ten (10) 

days after notice of such determination, file with Code Authority a 

net price list, or a price list with discount sheet, as the case may be, 

individually prepared by him, showing his current prices, or prices 

and discounts, and terms of sale and payment for such specified 

product, and Code Authority shall immediately publish and send 

copies thereof to all known employers who are cooperating under 

this Supplemental Code as described in Article V, (d) and engaged 

in the manufacture of such specified products. 

Revised price lists and/ or discount sheets and/ or terms of sale 

nnd payment may be fil-ed from time to time thereafter with the Code 

Authority by any such employer, to become operative upon the 

date srecified therein, but such revised price lists and/or discount 

sheets and/or terms of sale and payment shall be filed with the Code 

Authority ten (10) days in advance of the operative date. Copies 

thereof, with notice of the operative date specified, shall be immediately published and sent to all employers cooperating under this 

Supplemental Code as described in Article V, (d) any of whom may 

file, i£ he so desires, revisions of his price lists and/ or discount sheets 

and/or terms of sale and payment, which shall become effective upon 

the date when the revised price list and/ or discount sheets and/or 

terms of sale and payment first filed shall go into effect.1 

(b) If and when the Code Authority shall determine that in any 

group of the Subdivision not now selling its product on the basis of 

price lists with or without discount sheets with terms of sale and 

payment, the distribution or marketing conditions in the group are 

the same as, or similar to, the distribution or marketing conditions 

in the group where the use of price lists, with or without discount. 

sheets and terms of sale and payment is well recognized, and that 

a sy,stem of selling on net price lists or price li ts and discount sheets 

with terms of sale and payment for such specified product should be 

put into effect in such group, then each employer in such group shall, 

within twenty (20) days after notice of such determination, file with 

Code Authority net price lists or price lists a.nd discount sheets, 

with term,s of sale aDd payment, who shall immediately publish and 

send copies thereof to all known employers cooperating under this 

Supplemental Code, and such price lists and/ or discount sheets 

1 See paragra.ph 2 of order approving this Code. 
10 . ·-

and/or .. terms of sale and payment may be thereafter revised in the 

manner hereinabove provided. Provided that Code A~thority shall 

make no determination to place any product of the Subdivision (not 

now on a price list basis) on a price li,st basis, as provided in this 

Section unless affirmative consent to such determination is given by 

a 66%% vote of employers who are at that time cooperating under 

this Supplemental Code as described in Article V (d), and are engaged in manufacturing such product. The eligibility requirements, 

method, and effect of such voting shall be the same as is provided in 'Article V. 

t. (c) Code Authority for the purpose of determining the lowest 

r easonable cost shall to the extent permitted by the Act, have power, 

on its own initiative, or on the complaint of any employer, to investigate any price or the terms of sale and payment for any product 

of any employer; and, for the purpose of the investigation thereof, 

to require such employer to furnish such information concerning the 

co,st of manufacturing and selling such product as Code Authority 

shall deem necessary or proper for such purpose, and as the Act may 

allow. 

No employer shall sell directly or indirectly by any means whatsoever, any product o.f the Subdivision covered by provisions of this 'Article VIII at a price or at discounts or on terms of sale and payment, different from those provided in his own current net price 

lists, or price lists and discount sheets, and terms o.f sale and payment. I 

,. AnTICLE I X-UNFAIR PRAcTICES 

1

' Each of the following acts and practices is deemed to be inimical 

to the best interest of the Subdivision, and of the public, and each 

is, therefore, hereby declared to be and to constitute an unfair 

method of competition, and is prohibited, viz: · (1) ·The secret payment of any rebate, refund, commission credit, 

unearned discount, or excess allowance, whether in the form of money 

or otherwise, nor shall an employer of the Subdivision secretly offer 

or extend to any eustomer any special service or privilege not extended to all customers of the same class, for the purpose oi influencing a sale. · (2) The payment, or promise to pay, to any agent, fiduciary or 

representative, of money or valuable thing, with or without the 

knowledge of his principal, in connection w1th any sale to his principal. This provision shall not be construed to prevent the free and 

general distribution of a:rticles commonly used for advertising, except so far as such articles are actually used for commercial bribery 

as hereinabove defined. 

(3) The publishing of advertising (whether printed, radio, display, or of any ot~er nature) which is misleading. or inaccurate .in 

any material particular, nor shall any employer 1n any way misrepresent any goods (including but without limitation its use, trademark, grade, qualitY:, quantity, origin, size, . substance, c~aracter, 

nature finish, material, content, or preparatiOn) or cred1t terms, 

values; policies, services, or the nature or form of the business 

conducted. 

( 4) The engaging in destructive price-cutting by any employer 

of this Subdivision. 
11 

ARTicLE X-SALEs FOR ExPORT 

The provisions of this Supplemental Code concerning pricing and 

marketing shall not apply to direct export sales of any product or 

to sales of any product destined ultimately for export. The term 

"export" shall Include all shipments to all places without the several states of the United States and the District of Columbia; provided, however, that no shipment to any territory or possession of 

the United States shall be considered an export when any employer 

is engaged in the Subdivision in such territory or possession. 

ARTicLE XI-MoDIFICATIONS 

(a) As provided by Section 10 (b) of the Act, the President may 

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

rule or regulation issued under Title I of the Act. 

(b) Any amendments, additions, revisions, or supplements o£ this 

Supplemental Code, proposed by Code Authority, and authorizeQ. 

by the affirmative vote of 667'3 % of the employers shall be in full 

force and effect upon approval by the President. The e-ligibility 

requirements, methods and effect of such voting shall be the same 

as pr:ovided by Article V hereof. 

ARTICLE XII-W ITHDRA w AL 

Upon thirty days' notice to the Basic Code Authority and to the 

Administrator, this Subdivision rna~ upon the concurring affirmative 

vote of employers within the said ;:;ubdivision entitled to cast twothirds or more of all the votes that might be cast by all employers 

within the Subdivision entitled to vote thereon, withdraw from the 

jurisdiction of the Basic Code Authority. The eligibility of voters 

and the method and effect of such voting shall be in accordance with 

the provisions of Article V hereof. After and in the event such withdrawal is accomplished, this Supplemental Code, together with the 

provisions of the Code, shall become and be the sole code governing 

this Subdivision, and the Code Authority shall, for this Subdivision. 

become and be the sole Code Authority and shall perform all the 

functions with respect thereto. 

ARTicLE XIII-.1'\foNOPOLIES 

Applicant imposes and shall impose no inequitable restrictions on 

membership therein. The Supplemental Code presented by it is not 

designed to promote monopoly, and shall not be so construed or 

applied as to oppress or el~inate small enterprises or discriminate 

against them, and is designed to effectuate the policy of the Act. 

ARTICLE XIV-EFFECTIVE DATE 

This Supplemental Code shall become effective and binding on 

all persons engaged in the Subdivision on the eleventh day after its 

approval. 

Approved Code No. 347-Supplement No. 32. 

Registry No. 1304-05. 

0 

• 
UNIVERSITY OF FLORIDA 

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3 1262 08584 1939