Registry No. 307-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FUNERAL SUPPLY INDUSTRY 

AS APPROVED ON NOVEMBER 4, 1933 

BY 

PRESIDENT ROOSEVELT 

WI DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNIV. OF· FL ua. 

C 

A I I o= . 

U.I. DE..aelTORY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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. 

Cle,eland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas Qity1 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. : 933 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 Building. 

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EXECUTIVE ORDER 

CODE OF FAIR COMPETITION 

FUNERAL SUPPLY INDUSTRY 

An application having been duly made, pursuant to and in fuH 

compliance with the provisions of title I of the National Industrial 

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

of Fair Competition for the Funeral Supply Industry, and hearings 

having been held thereon and the Administrator having rendered his 

report containing an analysis of the said code of fair competition together with his recommendations and findings with respect thereto, 

and the Administrator having found that the said code of fair competition complies in all respects with the pertinent provisions of title 

I of said act and that the requirements of clauses (1) and (2) of 

subsection (a) of section 3 of the said act have been met. · 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations and 

findings of the Administrator and do order that the said code of fair 

competition be and is hereby approved. 1 

THE WHITE HousE, 

FRANKLIN D. ROOSEVELT, 

President. 

N ove1nber 4, 1933. 

Approval recommended : 

HUGH s. JOHNSON, 

Administrator. 

(ill) 
The PRESIDENT, 

OCTOBER 31, 1933. 

The White Howse. 

Srn: A Public Hearing on the Code of Fair Competition for the 

Funeral Supply Industry, submitted by the Embalming Chemical 

Manufacturers Association, Metal Burial Vault Manufacturers Association, Casket Hardware Manufacturers Service Bureau, and the 

Casket Manufacturers Association of America, was conducted in 

Washington on the 19th of September 1933, in accordance with the 

provisions of the National Industrial Recovery Act. These Associations claim to represent seventy percent (70%) of the Industry. 

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

week, except that a tolerance of two hours per week shall be allowed 

to twenty percent (20%) of the employees in any factory, provided 

that the weekly average for any two-week period does not exceed ·forty ( 40) hours per week. In case of abnormal mortality, provision is made for the Administrator to grant a further extension 

of hours. 

The minimum wage is forty cents ( 40¢) per hour for male employees in the North and thirty cents (30¢) per hour for males in 

the South, which is designated as Virginia, North Carolina, South 

Carolina, Georgia, Florida, Alabama, Tennessee, Louisiana, Mississippi, Arkansas, Texas, and Oklahoma. Female employees are to 

be paid at the rate of thirty cents (30¢) per hour, except that where 

they perform the same work as males they shall receive the same pay. 

Aged employees, to the extent of two percent (2%) per employer, are 

provided for at the rate of $10.00 per week. Learners, who shall not 

exceed five percent ( 5% ) of the total number employed, are provided 

to be paid not less than eighty percent ( 80% ) of the minimum wage 

for a six weeks learning period. 

The bulk of this industry is already very commendably operating 

under the President's Reemployment Agreement. To date about ten 

percent (10% ) or one thousand (1,000) workers have been added 

to the pay rolls. Under the Code it is the plan of the industry to 

exceed the peak of employment enjoyed in 1929 by February 1934. 

The forty-hour week, with two-hour tolerance, represents probably the maximum burden possible at this time without danger of 

disturbance of the orderly recovery of the industry. 

The wage differential between North and South represents a reduction of about thirty-three percent (33%) over the differential 

which prevailed prior to June 1933. Any greater reduction in differential at this time would endanger the tability of this industry in 

the South. 

The increase of ten percent (10% ) in the pay roll has already 

been achieved, and there will be no further material increase at this 

time. It is believed that any further burden on the industry at thP 

present time would demoralize the weaker element in this industry 

and result in further unemployment. This situation is due to the 

(IV) 
V 

fact that this industry cannot increase its business, which is represented by the human dead, and can only enlarge business operations 

through higher prices. This effort would be confronted with difficulties owing to lagging buying power. 

FINDINGS 

The Administrator finds that-

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, includin?i, without limitation, subsection (a) of Section 7, and subsection ~ b) of Section 10 

thereof; and that 

(b) The Embalming Chemical Manufacturers Association, Metal 

Burial Vault Manufacturers Association, Casket Hardware Manufacturers Service Bureau, and the Casket Manufacturers Association of America, the applicant groups herein, impose no inequitable 

restrictions on admission to membership and are truly representative of the Funeral Supply Industry; and that . ( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises, and will not operate 

to discriminate against them, and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

This Industry has cooperated in a most satisfactory manner with 

the Administration in the preparation of this Code. From evidence adduced during this hearing and from recommendations and 

reports of the various Advisory Boards it is believed that this Code 

as now proposed and revised represents an effective, practical, equitable solution for this Industry, and its approval as herein submitted is recommended. 

Respectfully, 

HUGH s. JOHNSON, 

Administrator. 

CODE OF FAIR COMPETITION FOR THE FUNERAL SUPPLY 

INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are submitted as a Code of 

Fair Competition :for the Funeral Supply Industry, and upon approval by the President shall be the standard of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

(a) The term " Funeral Supplies " as used herein includes wood 

burial caskets, metal burial caskets, metal burial vaults, wood and 

metal burial boxes, casket hardware, embalming chemicals, embalming instruments and equipment, burial garments and funeral dry 

goods, morgue tables, casket trucks, lowering devices, artificial 

grave grass, and miscellaneous products, exclusive of concrete burial 

vaults, sold, used, or consumed by the funeral director in the preparation of human dead for burial or other final disposition. 

(b) The term "Manufacturers" means manufacturers and/or 

wholesale distributers of funeral supplies engaged either wholly or 

partly in manufacturing, refabricating, or jobbing funeral supplies. 

(c) The term" Refabricators" means manufacturers and/ or jobbers who buy partly manufactured funeral supplies, perform assembling and/or finishing operations, and otherwise prepare and sell or 

offer to sell such supplies at wholesale. 

( d) The term " Jobbers " means wholesale distributors of funeral 

supplies to funeral directors and other retail outlets, such wholesale 

distributors carrying stocks of the goods which they wholesale, 

shipping out of their stocks at least half of the goods they sell, and 

systematically calling on the trade either themselves or through 

salesmen. 

( e) The term "Member of the Industry " includes anyone engaged 

in the industry as above defined, either as an employer or on his own 

behalf. 

(f) The term "Association" means any representative trade association of the industry. 

(g) The term " Employee", as used herein, includes anyone employed in the industry in any capa.city receiving compensation for 

his services, irrespective of the nature or method of payment of such 

compensation. 

(h) The term "Employer", as used herein, includes anyone by 

whom any such employee is compensated or employed. 

(i) The term "Division" means either a commodity division of 

the Funeral Supply Industry or a geographical division of the 

Casket Industry. 

19509-188-153-33 (1) 
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(j) The terms "President", "Act", and "Administrator", as used 

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

the National Industrial Recovery Act, and the Administrator o-f 

said Act. 

ARTICLE III-HOURS 

1. No employee shall be permitted to work in excess of forty (40) 

hours in any one week; provided, however, that any employer shall 

have the right of a tolerance in working hours in any one week, not 

to exceed two hours or five percent ( 5%) of said maximum number 

of hours of work per week, but in no event shall the total number 

of hours worked over a period of any two weeks average more than 

forty ( 40) hours per week, nor shall said tolerance apply to more 

than twenty percent (20%) of all employees in any one_ plant. 

(a) The Administrator may, in case of local or extensive catastrophes causing abnormal mortality, and at the request of the Code 

Authority, exempt any one or more factories from the maximum 

working-hour provisions of this Code, for such period as he may 

designate. 

(b) The provision for maximum hours shall not apply to employees in executive or supervisory capacities receiving over thirty-

.five dollars ($35.00) per week nor to outside salesmen. 

(c) With the approval of the Administrator, the Code Authority 

may make such regulations concerning emergency service at nights 

and on Sundays and holidays as may serve public convenience without exceeding the maximum work week as herein provided. 

(d) Watchmen shall be permitted to work :forty-two (42) hours 

a week averaged over any two successive weeks. 

( e) Engineers and firemen, outside deliverymen, and emergency 

repair crews shall be permitted to work :forty-six (46) hours per 

week, but shall be paid one and one half times the regular wage rates 

:for all hours in excess o:f :forty ( 40) in any one week or eight ( 8) 

hours in any one day. 

2. No employer shall operate more than two shifts. 

3. No employee shall work or be permitted to work for a total 

number of hours in excess of the number of hours herein prescribed, 

whether he be employed by one or more employers. 

ARTICLE IV-WAGES 

1. Minimum wages shall be-

(a) For female employees thirty cents (30¢) per hour. 

(b) For male employees, forty cents ( 40¢) per hour, except in the 

States of Virginia, North Carolina, South Carolina, Georgia, Florida, 

Alabama, Tennessee, Louisiana, Mississippi, Arlfansas, Texas, and 

Oklahoma, such States being hereby designated as the South, the 

minimum rate per hour shall be thirty cents (30¢). 

( c) The provisions o:f this Article establish a minimum rate of 

pay, regardless of whether an employee is compensated on a time 

rate, piecework per:f orn1ance, or other basis. 

2. Deductions shall not be made :for pensions, group insurance, 

stock-selling plans, or other projects involving employee participations, except with the express and voluntary consent o:f the employees. 
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8. Learners, who shall have had no previous employment or experience in this industry, shall be paid not less than eighty percent 

( 80%) of the minimum wages above specified and shall be limited 

to not more than a six ( 6) weeks' learning period. 

(a) During any calendar month the number of learners shall not 

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

4. Female employees performing substantially the same work as 

male employees shall receive the same rates of pay as male employees. 

5. Where because of infirmities due to age or other causes, it is 

not possible for any employee to earn the wages herein provided, the 

Code Authority may, with the approval of the Adn1inistrator, permit such employees to continue in employment at a minimum rate 

of not less than ten dollars ($10.00) per week. 

(a) Such employees shall not in any case exceed more than two 

percent (2%) of the total number of employees regularly employed. 

(b) The provisions of this Section shall apply only to persons 

who were in the employ of the member of the industry on or before 

June 16, 1933, and continuously thereafter up to date of petition; 

any employer having such infirm employees in his employ shall 

petition the Code Authority for permission to continue said employees 

in his employ at the minimum wage provided in this section and he 

shall set forth in his petition the following: 

(1) Length of time which said person has been in his employ. 

(2) The amount of wages earned by said person per week during 

the preceding six ( 6) months. 

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3) The age o:f the person. 

4) The sex. 5l The kind of work performed. · 6 The hours worked. 

(7 The nature of the infirmity which prevents earning the minimum wage. 

6. It is the policy of the members of this industry to refrain from 

reducing the compensation for employment, which compensation was, 

prior to June 16, 1933, in excess of the minimum wage herein set 

forth, notwithstanding that the hours of work in such employment 

may be reduced; and all members of this industry shall endeavor to 

increase the pay of all employees in excess of the minimum wage, as 

herein set forth, by an equitable adjustment of all pay schedules. 

7. Employers shall make payment of all wages due in lawful 

currency ·or by negotiable check payable on demand. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed 

in the industry, nor anyone under eighteen (18) years of age as an 

operator of woodworking or metal-working machines. 

2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall 

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

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

in self-organization or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 
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8. No employee and no one seeking employment shall be required 

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

refrain from joining or assisting a labor organization of his own 

choosing, and 

4. Employers shall comply with the maximum hours of labor 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

5. Within each State this Code shall not supersede any laws of 

such State imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or health, fire, or 

general working conditions than under this Code. 

6. Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purposes of 

the Act. 

7. Each employer shall post in conspicuous places full copies of 

the wage and hour provisions of this Code. 

ARTICLE VI-DIVISIONS 

1. For the purpose of the administration and enforcement of this 

code, the following divisions are hereby established: 

1 (A) Commodity Di visions : 

(1) Metal Casket Division od: the Casket Manufacturers Association of America, consisting of manufacturers of metal caskets and 

metal casket shells. 

(2) Casket H ardware Division, consisting of manufacturers of 

casket hard ware, trimmings and ornaments. 

(3) Metal Burial Vault D~vision, consisting of manufacturers of 

metal grave vaults. 

( 4) Embalming Chemical Division, consisting of manufacturers 

of embalming chemicals and kindred products. 

(5) Garment and Dry Goods Division, consisting of manufacturers and jobbers of burial garments and funeral dry goods. 

(B) Geographical Divisions: 

(1) New England Division, including the states of Maine, New 

Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut. 

(2) New York City and New Jersey Division, consisting of Metropolitan New York, Albany, and New Jersey. 

(3) New York State Division, consisting of New York State except New York City and Albany. 

(4) Pennsylvania Division, consisting of Eastern Pennsylvania, 

Maryland, and the District of Columbia. 

(5) Southeastern Division, consisting of Virginia, North Carolina; 

~o~th _Carolina, Georgia, Florida, Alabama, Tennessee, and Miss1ss1 pp1. 

(6) Lower Mississippi Division, consisting od: Louisiana, Texas, 

Oklahoma, and Arkansas. 

(7) Pittsburgh Division, consisting of Western Pennsylvania 

Eastern Ohio, including Cleveland, Columbus, and Zanesville, and 

West Virginia. 

(8) Cincinnati-Louisville-Indianapolis Division, consisting of Indiana, Western and Southern Ohio, and Kentucky. 

(9) Michigan Division, consisting of Michigan and tributary territory located in No~thwestern Ohio. 
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(10) ·West Central Divisjon, consisting of Illinois, Wisconsin, 

Minnesota, Iowa, North Dakota, South Dakota, Nebraska, 1\1issouri, 

and l{ansas. (11) Mountain Division, consisting of Colorado, Utah, and New 

Mexico. ( 12) North Pacific Di vision, consisting of Oregon and Washington. 

(13) California Division, consisting of California. (C) Other divisions of manufacturers and/ or jobbers of funeral 

supplies may be established by any group homogeneous as to commodity or geographical interest, and upon application to the Code 

Authority, such divisions when approved by the Administrator, 

shall have representation on the Code Authority. 

ARTICLE VII-ADMINISTRATION 

To further effectuate the policies of the Act, a Code Authority is 

hereby constituted to cooperate with the Administrator in the administration of this Code. 

1. Organization and constitution of Code Authority. 

(a) The Code Authority shall consist of at least one representative from each commodity division and from each geographical 

division, to be nominated by a :fair method of selection, and appointed by the Administrator and, in addition thereto, such other 

representatives as shall be nominated by a fair method of selection, 

from among other manufacturers and/or jobbers of allied lines who 

may desire to come under the provisions of this code, including not 

more than three members without vote to be appointed at· the discretion of the Administrator. 

(b) Proposals in respect to matters affecting more than one asso- , 

ciation or division may be initiated by any affected association or 

division, and shall be submitted to the Code Authority here' y 

established; such action as may be taken thereon, provided the same 

is approved by the Administrator, shall be binding upon said. association and all other associations thereby affected. Nothing in this 

provision, however, shall be construed to affect the right of review of 

the decision by the Administrator upon application therefor by any 

member of the association. 

(1) Each association or division as herein classified may, from 

time to time, prepare and suhmit through the Code Authority for 

the approval of the Administrator such amendments or additions to 

this code regulating standards of quality, or trade practices, or both, 

as experience under this code may indicate to be necessary for the 

elimination of unfair competitive practices. 

( c) Vacancies in the Code Authority caused by death, resignation, 

or otherwise shall be filled in the same manner as herein provided for 

the establishment of the original Code Authority. 

(1) The Code Authority shall select a contact committee of not 

more than five members, in addition to such members as may be 

appointed at the discretion of the Administrator, empowered to 

represent the Code Authority in its relations with the Administrator. 

(2) The Code Authority, with the approval of the Administrator, 

may delegate any of its functions and powers under this code to 

such committee, officers, agents, or employees as it may designate or 

appoint. 
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2. The Code Authority or its duly authorized committees, officers, 

or agents shall cooperate with the Administrator as a planning, 

coordinating, administrative, and fair practice agency for the Funeral Supply Industry, and shall keep the Administrator informed 

as to the functioning and observance or nonobservance of any of the 

provisions of this Code, and shall have the following duties and 

powers to the extent permitted by the National Industrial Recovery 

Act, subject to the right of the Administrator on review to disapprove or modify any action taken by such Code Authority or its · duly authorized representatives. 

(a) To administer and enforce the provisions of this Code or 

any order, rule, or regulation issued by the Administrator purusant 

to the provisions of the National Industrial Recovery Act and/or 

of this Code. 

(b) Such agency may from time to time present to the Administrator for his approval recommendations based on conditions in the 

industry as they may develop which tend to effectuate the policy of 

the National Industrial Recovery Act and it shall be the duty of the 

Code Authority or its duly authorized representatives, when experience under the code may require, to make such specific recommendations with reference to statistical reports, keeping of uniform 

accounts, methods and conditions of trading, disposal of distress 

merchandise, auditing, where deemed necessary, of statistical reports, 

costs, prices, and terms to assure accuracy, rules and regulations 

regarding standardization, uniform cost accounting, reduction of 

styles and sizes and labeling of products, prevention of accidents and 

occupational diseases and such other recommendations as may from 

time to time appear necessary or expedient to effectuate the purposes 

of Title I of the National Industrial Recovery Act. 

3. Any member of the Industry is privileged to take part in any 

and all activities of the Association having to do with the Code for 

the Industry, and to receive such reports concerning Code activities 

as may, from time to time, be sent to members of the Association, and 

in every other way to directly and indirectly participate in the Code 

work of the Association, either by becoming a member of the Association and paying to the Association the duties _provided to be paid by a 

member of like standing, or by becoming a Code Associate and paying to the Association a pro rata share of the costs of carrying on 

the code work of the Association. All firms, partnerships, and individuals hereafter entering the business of manufacturing and/or 

jobbing funeral supplies for profit shall be admitted to full participation in the associations or divisions on equal terms with the existing members thereof, and there shall be no inequitable restriction as 

to admission to membership. 

4. With a view to keeping the President informed as to the observance and/or nonobservance of this Code of Fair Competition 

and as to whether the Funeral Supply Industry is taking appropriate steps to effectuate the declared policy of the National Industrial Recovery Act, each member engaged in the Funeral Supply 

Industry will furnish duly certified reports to the Code Authority 

or its duly authorized representative as follows and in such form as 

may hereafter be provided: 
f 

· (a) Wages and hours of labor; returns for every four ( 4) weeks 

~howing, for each of the four ( 4) weeks immediately preceding the 

following: 

(1) Number of factory employees, including outside workmen and 

delivery men. 

(2) Total hours worked by all such workmen. 

(3) Maximum hours worked by any employees other than those 

specifically excepted in this code. 

( 4) Minimum rate per hour paid to any employee. 

( 5) Hours, wages, and number of learners and of infirm employees. 

(6) Such other reports as may, with the approval of the Administrator, be required by the Code Authority from time to time. 

5. In addition to the information required to be submitted to the 

Code Authority, there shall be furnished by members of the Industry 

and the Code Authority upon request to the Administrator such statistical information as the Administrator may deem necessary for the 

purposes recited in Section 3 (a) of the Act. 

ARTICLE VIII-SALES PROVISIONS AND TERMS OF SALE 

1. Saws Prov·isions.-(a) No manufacturer and/or wholesale distributor engaged in this industry shall sell funeral suppl1

ies to funeral 

directors, cemeteries, cemetery associations, or other organizations, establishments, and institutions, not regularly engaged in the business or occupation of funeral directing or to any other retail outlet, 

which has not conformed to license requirements and the rules and 

regulations of State Boards of H ealth, and other governmental regulatory bodie , governing the care and distribution of the human dead: 

Provided, however, That purchases of the products of this industry 

by government units, including the ,Var Department, the .r avy Department~ Soldiers' Homes and the Veterans' Bureau shal'l not, by 

virtue 0£ this provision, be prohibited. 

2. Sales below cost.-(a) Members of the Industry shall not sell 

any products or acce. sories below cost as determined by an adequate 

cost-accounting system. The Code Authority may, from time to 

time, require employers to furnish complete information relating to 

their costs, which when requested by the Code Authority shall be 

verified by a certified public accountant. 

(b) The Code Authority shall, with the approval of the Administrator, provide an adequate system of Cost Accounting, capable 

of uniform application in the Industry. 

( c) Nothing in this Code shall be construed as limiting or interfering with the right of the funeral director to purchase separately 

burial easkets, casket hardware, interior linings and upholstering 

materials and to assemble them, or to alter caskets to meet the requirements of sale and use. 

3. Terms and Discounts.-(a) The terms and discounts of this 

industry, unless hereafter otherwise provided in accordance with 

the provisions of this Code, shall be no more favorable than the 

following: 

( 1) All merchandise shall be sold f.o.b. factory or f.o.b. sales 

establishment with freight allowed. 
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(2) Net 60 days; allowance of 2%· cash discount for payment in 

80 days after date of invoice or for payme..,f. of an entire preceding 

month's invoice received on or before the 15th of the following 

month. 

(b) All terms of each member of this industry shall be filed in 

the office of the association to which such member belongs within 

fifteen (15) days of the effective date of this code and such terms 

when filed shall remain in effect until they are changed, modified, 

or amended by the member originally filing the same. Notices of 

such changes, modifications1 or amendments shall be filed at least ten 

days in advance of such changes taking effect and they shall take 

effect to all customers at the same time. 

4. Filing of Price Lists, Discount Sheets, etc.-(a) All members 

of the industry shall be required to post on the effective date of this 

Code, and to file with the Code Authority within fifteen days of 

the effective date of this Code, their price list, discount sheets, price 

sheets or price quotations, and each member of the industry shall 

adhere to his own published prices so filed, and no products of this 

industry shall be sold at a price less or at a discount greater than 

provided by the 1;>rice lists, discount sheets, price-sheets or price quotations on file with the Code Authority as herein provided; unless 

and until such schedules have been amended and filed with the Code 

Authority ten days prior to the date upon which such amended price 

lists, discount sheets, price sheets or price quotations shall become 

effective. 

ARTICLE IX-TRADE PRACTICES 

1. The following practices constitute unfair methods of competition and are pi:ohibited. 

(a) To sell or off er for sale at prices below cost. 

(b) To discriminate in prices among buyers of the same grade, 

quality, and quantity. 

( c) To off er or give secret discounts or rebates, or permit buyers 

to take unearned discounts. 

( d) To resort to any form of contract selling which permits the 

buyer to cancel or which provides for a reduced price in the event 

of a market decline, but does not permit the seller to cancel, or does 

not provide for an enhanced price in the event of a market a.dvance. 

( e) To resort to any form of contract or option selling which is 

a price-cutting device in fact or spirit. · ( f) To resort to or indulge in practices which tend to induce customers to break contracts or to cancel orders placed, with competitors. · (g) Selling the products of this industry or offering the same for 

sale in a market or trade area other than that in which the seller is 

usually and normally engaged, at prices lower than the price at 

which such products are customarily sold or offered for sale in the 

seller's normal market. 

(h) To extend the jobber's discount to any person, firm, or corporation not performing, or not set up to perform, the function of 

jobbing and/ or wholesale distribution. 

(i) To extend to any customer, either retail or jobber, discounts 

and terms differing in any way from the manufacturer's published 

discounts and terms. 

(j) To depart in any way from terms of sale and payment. 
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(k) To· offer either volume or quantity discounts, except as specified by geographical aif ;'or commodity divisions and approved by 

the Code Authority. 

(1) For a jobber to offer or give volume or quantity discounts on 

any commodity except after giving notice of the same to the Code 

Authority and Administrator. 

(m) To sell any of the products of this industry on consignment 

except under a bona fide contract or order, the form of which has 

been approved by the Code Authority. 

(n) To guarantee against price advances or protect against price 

declines, except on contracts which are intended to be carried out in 

good faith. 

( o) To commit commercial bribery by offering or giving commissions, prizes, or gifts to anyone in connection with the sale, purchase, 

or use of an article. 

(p) To indulge in lavish entertainment of customers, or to give 

excessive personal gifts to purchasers or their families, or to donate 

funds, or provide banquets or other entertainment for associations, 

or to make allowance for advertising, returned goods, or other purposes to some customers which are not offered to all other customers 

under the same terms, or to indulge in any other form of substantive 

price cutting or rebates. 

( q) To solicit, pool, or accept orders of several buyers in a manner 

to give the buyer the advantage of more favorable prices or terms 

than those to which the buyers would be entitled individually. 

(r) To resort to or indulge in practices which are prejudicial to 

the public interest, such as : 

Misbranding. 

Misrepresentation in branding, labeling, selling, and adverti~ng. · 

Deviation by any manufacturer from his published standards. 

Deception in selling. 

Design piracy and imitation of competitors' designs. 

Imitation of competitors' trade marks. 

(s) To resort to or indulge in practices which put competitors to 

un:fair 'disadv-antage, such as: 

Defamation of competitors. 

· Enticing employees away from funeral directors and setting 

them up in business with the intent of securing sales outlets. 

( t) To violate rules and regulations promulgated by the Code 

Authority with the approval of the Administrator, with respect to 

the plain labeling of merchandise. 

(u) To violate any other rules and/or regulations promulgated by 

the Code Authority, with the approval of the Administrator, for 

the conduct of the Funeral Supply Industry. 

( v) Nothing in this Code shall be construed as limiting or int~rfering with the right of the funeral director to purchase separately 

burial caskets, casket hardware, and interior linings and upholstering 

materials and to assemble them, or to alter caskets to meet the 

requirements of sale and use. 

( w) Nothing in this Code shall limit the effect of any adjudication 

by the Courts or holding by the Federal Trade Commission on com-
10 1111111111!1[1111~1~1lilll\111\ I\ 111l~ ~ lli'1~i11111111111 

3 1262 08585 2654 

plaint, finding, and order, that any practice or method is unfair; 

providing, t4at such ~djudicatio11 or holding is not- inconsistent with 

any provision of the Act or of this Code. 

ARTICLE X-MODIFICATION 

This Code and all the provisions thereof are expressly made sub-: 

ject to the right of the President, in accordance with the provisions 

of subsection (b) of Section 10, Title I, of the National Industrial 

Recovery Act, from time to time to cancel or modify any order, approval, license, rule or regulation issued under Title I of said Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify his approval of this Code or any conditions im-. 

posed by him upon his approval thereof. 

Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act, may with 

the approval of the President, be modified or eliminated as changes 

in circumstances or experience may indicate. It is contemplated that 

from time to time supplementary provisions to this Code or addi..: 

tional codes will be submitted for the approval of the President to 

prevent unfair competition in price and other unfair and destructive 

competitive practices and to effectuate the other purposes and policies 

of Title I of the National Industrial Recovery Act consistent with 

the provisions thereof. · 

ARTICLE XI-Mo~oPOLIEs, ETo. 

No prov1s10n of this Code -shall be so applied as to permit 

monopolies or monopolistic practices, or to eliminate, oppress, or 

discriminate against small enterprises. 

ARTICLE XII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases should be delayed and that, when made, the same should, so 

far as reasonably possible, be limited to actual increases in the 

seller's costs. 

ARTICLE XIII-ADJUSTMENT OF CONTRACTS 

Where the costs of executing contracts entered into in the Funeral 

Supply Industry prior to the approval of the President of the United 

States of this Code are increased by the application of the provisions· 

of the National Industrial Recovery Act to the Industry, it is 

equitable and promotive of the purposes of the National Industrial 

Recovery Act that appropriate adjustments of such contracts to 

reflect such increased costs be arrived at by arbitral proceeding or 

otherwise, and the Code Authority is constituted an agency to assist 

in effecting such adjustments. 

ARTICLE XIV-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its approval 

by the President. 0 .