Approved Code No. 84-Supplernent No. 29 Registry No. 1318-05 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

WASHING MACHINE PARTS 

MANUFACTURING INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON MAY 17, 1934 

. ..... ·~ 

, A l ' o=- • • • ..,..,. 

·. 

UNITED STATES 

GOV•ERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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

Printing Oflice, \Vashington, D.O., and by district offices of the Bureau of F oreign 

and Dom stic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta. Ga .: 50-:1: P o.·t Office Building. 

l:Hrminghnm, Ala. : 257 F ederal Building. 

Do ·ton, 1\lass. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Comme~·ce Building. 

Ol1arleston, S.C. : Chamber of Commerce B uild.ing. 

Chicago, Ill. : uito 17Uti, :201 North \V ells Stree t. 

Cleveland, Ohio : Chamber of Commerce. Dallas, Tex . : Chamber of Commerce Building. 

Detroit, :\1ic:b. : , 01 First r' a tiona l Bank Building. 

H ou ·ron, Tex.: CI1amber of "ommerce Building. 

Incliat:apoJi.·, Incl.: Chamber of Commerce Building. 

Jacksonville, F la.: Chambe r of Commerce Builuing. 

K a nsas Cit.v, i\Io.: 1028 Baltimor e Avenue. 

Los Angeles, Calif.: 1163 S uth Broadway. 

Lou isvill e, Ky.: 408 Federal Building. 

l\Iempb·s, Tenn. : 22!:l Federal Building. 

l\.::l1meapolis, l\Iinn.: 213 Fed r a l Building. 

New Orlean::;, La. : Ifoom 223-A, Customhouse. 

1'-it w York, N.Y. : 73-:1: Customhouse. 1\o;:folk, Va. : -:1:0() Ea. t Plume Street. 

Pbil aclelDh ·a , Pa.: 4..:2 Commercial Tru t Building. 

P itt:-:bur:::.h, Pa.: Chamber of Commerce BuilLling. 

Portland, Oreg.: 2J 5 New Post Office Building. 

St. Loui:, l\Io.: 50G Oli>e Street. 

Sa n F rancisco, 'alif.: 310 u-.tomhou e. 

Seattle, Wa h.: 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 29 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

WASHING l\'IACHINE PARTS MANUFACTURING 

INDUSTRY 

As Approved on :May 17, 1934 

ORDER 

APPROVING SuPPLEMENTARY CoDE oF FAIR CoMPETITION FOR THE 

"'\V .ASHING J\1ACHINE pARTS l\{ANUF.ACTURING INDUSTRY 

.A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING .AND 

METAL FI~ISHING AND l\fETAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the pro vi ions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, and in accordance with the 

provisions of Section I of Article VI of the Basic Code for the 

Fabricated Metal Products Manufacturing and Metal Finishing and 

Metal Coating Industry, approved November 2, 1933, for approval 

of a Supplementary Code of Fair Competition for the Washing 

lVIachine Parts :Manufacturing Industry, and hearing having been 

duly held thereon; and the annexed report on said Supplementary 

Code, containing findings with respect thereto, having been made 

and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Supplementary Code complies 

in all respects with the pertinent provi ions and will promote the 

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

that said Supplementary Code of Fair Competition be and it is 

hereby approved; provided, however, that the provisions of Article 

V, Paragraph A, insofar a they provide that any existi.!)g price list 

shall remain in effect f or a period of five ( 5) days following the 

filing of a revised price li t, be and they hereby are stayed pending 

my further Order. 

HUGH s. JOHNSON 

Administmto1' for Industrial R ecovery. 

Approval recommended : 

A. R. GLANCY, 

Division Adm.inistrator. 

w .ASHINGTON, D.C., 

May 17, 1934-. 

59661°----544-97----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White H ou.se. 

Sm: This is a report on the Supplementary Code of Fair Competition for the Washing ~1achine Parts Manufacturing Industry, a 

division of the Fabricated Metal Products :Manufacturing and Metal 

Finishing and Metal Coating Industry, the hearing having be·en conducted thereon in Washington, D.C., December 19, 1933, in accord- ance with the provisions of Title I of the National Industrial 

Recovery Act. 

GENERAL STATEMENT 

The Washing Machine Parts ~1anufacturing Industry, being truly 

representative of this division of the Fabricated M-etal Products 

l\'Ianufacturing and Metal Finishing and Metal Coating Industry, 

has elected to avail itself of the option of submitting a Supplementary Code of Fair Competition, as provided for in Section 1 of 

Article VI of the Basic Code, for the Fabricated ]\fetal Products 

Manufacturing and :Metal Finishing and Metal Coating Industry 

approved by you on the second day of November, 1933. 

RESUME OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed in the Supplementary Code. 

Article III: This Industry is a division of the Fabricated ~1etal 

Products Manufacturing and Metal Finishing and ~1etal Coating 

Industry and the labor provisions of its Basic Code, as approved 

November 2, 1933, are the labor provisions of this Supplementary 

Code. 

Article IV establishes a, Supplementary Code Authority consisting of three members to be elected by the Industry, and gives the 

Administrator the authority to a,ppoint one addit~onal member 

without vote and provides machinery for obtaining statistics and 

the adn1inistration of the Supplementary Code. 

Article V. sets forth the unfair trade practices of this Supple- mentary Code which has been especially designed to offset unfair 

competition in this division of the Industry. 

Article VI contains the mandatory provisions contained in Section 10 (b) and also provides for the submission of proposed amendments to the Supplementary Code. 

Article VII provides against monopol.ies and monopolistic prac- tices, and recognizes that price increases b limited to actual additional increase in the seller's costs. 

Article VIII states the effective date and duration of this Supplementary Code. 

(2) 
3 

FIX DINGS 

The Deputy Administrator in his final report to me on sajd 

Supplementary Code having found a herein set forth and on the 

basis of all the proceedings in this matter: 

I find that: 

(a) Said Supplementary Code is well de. ignec1 to promote the 

policies and purposes of Title I of the National Indu trial R"coYcry 

Act, including removal of ob truction to the free flow of inter tate 

and foreign commerce which tend to dimini h the amount thereof 

and will provide for the general welfare by promoting the organization of industry for the purpo es of cooperative action among the 

trade groups, by inducing and maintaining united action of labor 

and manageme;nt under adequate goYernmental sanctions and upervision, by eliminating unfair competitive practices, by promoting 

the fulle t possible utilization of the present productive capacity of 

industries, by avoiding undue restriction of production (except as 

may be temporarily required), by increasing the con umption of 

industrial and agricultural products through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating indu try. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) The Supplementary Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) 

of Section 7, and Subsection (b) of Section 10 thereof; and that 

the applicant group is an industrial group truly representative of the 

aforesaid Industry; and that said a sociation imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Supplementary Code is not designed to and will not permit monopolies or monopolistic practices. · 

(e) The Supplementar3r 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 

Supplementary Code. 

For these reasons, therefore, I have approved this Supplementary 

Code. 

Respectfully, 

MAY 17, 1934. 

HuGH S. JoHNSON, 

Admini~trator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE \iV ASHING MACH1NE PARTS MANUFACTURING 

INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

1\fETAL FINISHING AND METAL COATING INDUSTRY 

ARTICLE I -PURPOSES 

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supplemen- tary Code of Fair Competition for the Washing Machine Parts 

Manufacturing Industry, pursuant to Article VI of the Basic Code 

of Fair Competition for the Fabricated ~1etal Products Manufac- turing and ~'Ietal Finishing and ~'Ietal Coating Industry approved 

by the President of the United States· on the second day of November 1933, and the provisions of this Supplementary Code shall be 

the standards of Fair Competition for such Industry and shall be 

binding upon every member thereof. 

AnTICLE II- DEFINITIONS 

The term "Washing Machine Parts Manufacturing Industry ", 

hereinafter referred to as the Industry, is defined to mean the manufacture for sale of black iron (unfinished) and of enameled tubs and 

other enameled parts of \:V ashing machines, except wringers. 

The term "member of the Industry", as used herein, includes, but 

without limitation, any individual, partnership, association, corpora- tion, or other form of enterprise engaged in the Industry either 9 S 

an emplorer or on his or its own behalf. The terms "President", "Act", and "Administrator", as used 

herein, shall mean respectively, the President of the United States, Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery under Title I of said Act. The term " Basic Code ", as used herein, is defined to mean the 

Basic Code of Fair Competition for the Fabricated Metal Products 

JYianufactnring and Metal Finishing and Metal Coating Industry, as approved by the President on the second day of November 1933. 

The term "Basic Code Authority", as used herein, is defined to 

mean the Executive Committee of the Fabricated Metal Products 

Federation. The term " Council ", as u eel herein, is defined to mean the vV ash- ing l\Iachine Parts Manufacturers' Council, or its successor. 

The term "Supplementary Code Authority", a used herejn, is 

defined to mean the agency which is to administer this Supplementary 

Code, as hereinafter provided. 

( 4) 
5 

The term "Duly Authorized Agent" or "Agent" of the Supplementary Code Authority a n eel herein, is defined to mean the commissioner of the \Vashing Machine Parts Manufacturers' Council, 

or his successor in office, or such other person as the Supplementary 

Code Authority may lesignate. Said Agent, in order to qualify as 

such, shall be entirely free from any interest in or connection with 

any company engaged in the manufacture or sale of the products of 

the Industry. 

The term "Federation", as u eel herein, is defined to mean the 

Fabricated ~fetal Product Federation or it ucce sor. 

ARTICLE III-El\rrLOYl\IENT Pnonsro .. s 

This Indu try is a division of the Fabricated ~fetal Products ~ianufacturing and :Metal Finishing and ~fetal Coating Industry 

and, withont limitation the "·age, hour and labor provisions in Article III of its Basic Code as approved by the President on Nov-ember 2, 1933, including Section 1 of said Article III by which the 

provisions of Subsection (1), (2) and (3) of Section 7 (a) of Title 

I of the Act are made conditions of the Code are specifically incorr,orated herein and made a part hereof as the wage, hour and labor 

pr Yisions of this Supplementary Code. 

ARTICLE I\ -ORGAKIZATIO~ AKD ADMINISTRATION 

SEcTION 1. During the period not to exceed sixty ( 60) days following the effecti,,e date, the duly authorized agent shall constitute 

a temporary Supplementary Code Authority until the Supplementary Code Authority, consisting of three (3) members, is elected 

by the members of the Industry assenting to this Supplementary 

Code, us hereinafter prm·ided at a meeting called by the temporary 

Supplementary Code Authority upon ten (10) days' notice sent by 

registered mail to all members of the Industry whose names may be 

ascertained after a diligent search, who may vote either in person 

or by proxy. The members of the Supplementary Code Authority 

shall serYe for a period of one year from the date of their election, 

and subsequent elections shall be on the same basis as above provided. Immediately after the annual election of said Supplementary 

Code Authority, the members therein shall appoint a duly authorized 

agent to administer the pro\ isions of this Supplementary Code. 

The members of the Supplementary Code Authority shall be 

elected in the following manner: 

1. One member: who shall be a member of the Industrv, not a 

member of the Council (provided there are such members of the 

Industry who are not members of the Council), to be elected by a 

majority vote of the qualified members of the Industry who are 

not members of the Council present in person or by proxy, each member to have one vote. Such one member to be nominated by the 

members of the Industry who are not members of the Council. 

2. Two members who are members of the Industry and members 

of the Council, to be elected by a majority Yote of the qualified mem-

"'Jers of the Industry, who are members of the Council, present in 
6 

person or by proxy, each member to have one vote. Such two 

members to be nominated by the members of the Council. 

3. A vacancy in the n1embership of the Supplementary Code 

Authority may be filled by a majority vote of the remaining mem- bers of the Supplementary Code Authority. The member of the 

Supplementary Code Authority who is chosen to fill such vacancy 

shall be elected from the class of membership in which the vacancy 

has occurred. 

4. In addition thereto the Administrator may appoint a member 

of the Supplementary Code Authority without vote. The representative who may be appointed by the Administrator shall be 

given reasonable notice of, and may sit at all meetings of the 

Supplementary Code Authority. 

SECTION 2. The Trade Association directly or indirectly partici- pating in the selection or activities of the Supplementary Code 

Authority shall 

l. Impose no inequitable restrictions on admission to membership. 

2. Submit to the Administrator true copies of their Articles of 

As ociation, 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 purpose of the Act. 

SECTION 3. In order that the Supplementary Code Authority shall 

at all times be truly representative of the Industry, and in other 

respects comply with the provisions of th~ Act, the Administrator 

may prescribe such hearings as he may deem proper; and thereafter 

if he shall find that the Supplementary Code Authority or its agent 

is not truly representative, or does not in other respects comply with 

the provisions of the Act, may require an appropriate modification 

of the method of selection of the Supplementary Code Authority. 

SECTION 4. (1) It being found necessary to support the Administration of this Supplementary Code, in order to effectuate the policy 

of the Act and to maintain the standards of fair competition established hereunder, the Supplementary Code Authority is authorized : 

(a) To incur such reasonable obligations as are necessary ancl 

proper for the foregoing purposes and to meet such obligations out 

of funds which shall be held in trust for the purposes of the Sup- plementary Code and raised as hereinafter provided; 

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

such 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 bndget shall be contributed by all members of the Industry 

entitled to the benefits accruing from the maintenance of such standard , and the administration thereof; 

(c) After such budget and basis of contribution have been approyed 

by the Administrator, to determine and collect equitable contributions as above set forth, and to that end, if necessary, to institute 

legal proceedings therefor in its own name. 

(2) Each member of the trade/industry shall be liable for his 

or its equitable contribution to the expenses of the maintenance of 
7 

the Supplementary Code Authority as hereinaoove provided. Only 

members of the trade/ industry complying with the Supplementary 

Code and making such contribution shall be entitled to participate 

in the selection of the members of the Supplementary Code Authority or to receive the benefits of its voluntary activities or to make 

use of any N.R.A. insignia. 

SECTION 5. The Supplementary Code Authority shall have the 

following further powers and duties: 

(a) To insure the execution of the provisions of this Supplemen· 

tarY. Code. · (b) To obtain from the members of the Industry such information and reports as the Supplementary Code Authority may r equire 

for the administration of this Supplementary Code, and to provide 

for submission to the Administrator by members of the industry of 

such infonnation and reports as may be necessary for the purposes 

recited in Section 3 (a) of the Act; provide l that nothing in this 

Supplementary Code shall relieve any members of the Industry 

of any existing obligations to furnish reports to any Government 

agency. No individual reports shall be disclosed to any members 

of the Industry or to anyone other than the Administrator or his 

duly authorized representative, and as hereinafter provided. 

(c) To use such agencies as it deems proper for the carrying out of 

any of the activities provided for herein; provided that nothinO' 

herein shall relieve the Supplementary Code Authority of its duties 

or responsibilities under this Supplementary Code, and that such 

agencies shall at all times be subject to and comply with the provi· 

sions hereof. 

(d) To make recommendations to the Administrator for the coor· 

dination of the administration of this Supplementary Code with such 

other codes, if any, as may be related to the Industry. 

(e) 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 Supplementary Code. 

(f) To furnish from time to time to the Basic Code Authority 

designated in said Basic Code such information as may be required 

to be furnished under the terms of the Basic Code. 

SECTION 6. To the extent permitted by the Act, and pursuant to 

such rules and regulations as the Administrator may prescribe, any 

and all information furnished to the Supplementary Code Authority 

by any members of the Industry pursuant to the provisions of the 

Supplementary Code, shall be subject to verification by an impartial 

agent appointed by the Supplementary Code Authority, and each 

member of the Industry shall furnish to such impartial agent so 

much of his pertinent books, ac,..ounts and records as may be required 

to verify the accuracy of the information submitted. 

SECTION 7. Every employer shall provide for the safety and health 

of employees during the hours and at the place of their employment. Standards for safety and health shall be submitted by the 

Code Authority to the Administrator within six (6) months after 

the effective date of the Supplementary Code. 

SEcTION 8. Complaints made by members of the Industry to the 

agent of the Supplementary Code Authority of alleged violations 

of any of the provisions of this Supplementary Code, shall be in 

writing. 
8 

In the event of a complaint being registered against any corporate 

member of the Industry alleging violation of this Supplementary 

Code, the Supplementary Code Authority may cause an investigation to be made by a person mutually agreed upon by the Supplementary Code Authority and the member of the Industry against 

wh om the complaint is filed, or if they are unable to agree within a 

r easonable time, by a disinterested person appointed by the Administrator upon request by the Supplementary Code Authority. The 

S upplementary Code Authority may require the member complained 

against to fil e Yi'ith such investigator within such reasonable time 

after receipt of a copy of the complaint as the Supp~ementary Code 

Authority shall determine, an answer to such complaint accompanied 

by supporting data. Both answer and data shall be verified by 

affidaYit. The inYestigator may examine so much of the pertinent 

books and records of such mernber as may be required to verify the 

stat ements contained in said answer and/ or the accuracy of the 

d ata supporting such statements. If the matter cannot thereafter 

be satisfa ctorily adjusted within the Industry, the facts may be 

placed before Basic Code Authority to be presented to the 

Administrator for such procedure as he may deem advisable under 

the Act. 

SECTION 9. The Supplementary Code Authority shall not be liable 

in any manner to anyone for any act of any agent or employee of the 

Supplementary Code Authority, nor shall the Supplementary Code 

Authority or its duly authorized Agent, exercising reasonable 

dihgence in the conduct of their duties hereunder, be liable to anyone 

for any action or omission to act under this Supplementary Code, 

except for their own wilful malfeasance or non-feasance. 

SECTION 10. If the Administrator shall determine that any action 

of a Code Authority or agency thereof may be unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

of the merits of such action and for the consideration by such Code 

Authority or agency pending final action which shall not be effective 

nnless the Administrator approves or unless he shall fail t o disapprove after thirty days' notice to him of intention to proceed with 

such action in the original or mod]fied form. 

SECTION 11. After a six ( 6) months trial period, in case any 

provision of the Supplementary Code shall impose an unusual or 

undue hardship on any member of the Industry, such provision may 

be suspended, for review, for a period of sixty (60) days by the 

Supplementary Code Authority, with the approval of the Administrator. After the review, hearings may be held by the Administrator 

to modify the provision in question. 

AnTICLE V-RULEs OF FAIR CoMPETITION IN ~1ANDFACTURING AND 

~1ARKETING 

(Superseding all Trade Practices set forth in A rticle V of the 

Basic Code) 

Any member of the Industry who shall directly or indirectly 

ihroJ.gh any officer, employee, agent, or representative, f ail t o comply with ~uy of the following rules of Fair Competition in Manu-
9 

facturing and Marketing shall be deemed to have violated this Supplementary Code. 

A. No products of the Industry, in whole or in part, shall be sold 

or exchanged at prices less than the seller's cost of such products; 

such cost to be based on a formula which shall be at least as detailed 

and complete as the formula to be prepared by the Supplementary 

Code Authority and approved by the Admini trator; provided, however, that upon five days' notice to the agent of the Supplementary 

Code Authority any member of the Industry may sell below his cost 

in or ler that he may meet competitive prices on articles of similar 

style, grade, and/or specification filed in accordance with the provisions of this section. 

\iVhen the Supplementary Code Authority determines that an 

emergency exists in this Industry and that the cause thereof is destructive price-cutting uch as to render ineffective or seriously en- danger the maintenance of the provisions of this Supplementary 

Code, the Supplementary Code Authority may cause to be determined the lowest reasonable cost of the products of th_is Industry, 

such determination to be subje ·t to such notice and hearing as the 

Administrator may require. The Administrator may approve, disapprove, or modify the determination. Thereafter, during the period of the emergency, it shall be an unfair trade practice for any 

member of the Industry to sell or offer to sell any products of the 

Industry 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. 

vVhen it appears that conditions have changed, the Supplementary 

Code Authority, upon its own initiative or upon the request of any 

interested party, shall cause the determination to be reviewed. All members of the Industry shall, within ten ( 10) days after the 

effective date of this Supplementary Code, publi h for the benefit 

of all interested parties and file with the agent of the Supplementary 

Code Authority price lists setting forth the prices, terms, and other 

conditions at which they will sell the products of the Industry. 

Said price lists and all revisions thereof shall be made available to 

all interested parties. 

Each manufacturer's existing price list shall remain in effect for 

a period of five ( 5) days following the filing of a revised price list 

and upon the filing of such revised list by any member of the Industry, the agent of the Supple111entary Code Authority shall immediately furnish copies of such revised list to all other members of 

the Industry. Any other member or members of the Industry 

desiring to file revised lists to become effective on the same date may 

do so provided that the prices set out in such revised lists are not 

low r than those in the first revised list filed and that they are filed 

prior to said effective date. 

When filing price lists, as set forth in this Section A, a sufficient 

number of lists shall be furnished to the agent of the Supplementary 

Code Authority to enable it to supply a copy to each member of the 

Indu try, and in addition thereto six (6) copies for the use of th(3 

agent of the Supplementary Code Authority.1 

1 • rr paragraph 2 of order approving this Code. 
10 

B. ""\Vithholcling from, or ins rting in, any invoice a false record, 

wholly or in part, of the transaction represented on the face thereof, 

and the payment or allowance of secret rebates, secret refund , secret 

ere lits, unearned discounts (whether in the form of money or otherwise) or the extension to certain purchasers of prices, services, or 

privileges not extended to all purchasers under like conditions, are 

unfair trade practices. C. To defame or disparage a competitor, directly or indirectly, by 

words or acts which untruthfully impugn his business integrity, his 

ability to keep his contracts, his credit standing, or the quality of 

his products, is an unfair trade practice. 

D. To imitate or simulate the trade mark, trade name, package, 

wrapper, or label of a competitor's product to such a degree as to 

deceive or have a ten den .... y to deceive customers, is an unfair trade 

practice. 

E. To give, permit to be given, or directly offer to give, anything 

of value for the purpose of influencing or rewarding the action of 

any employee, agent or representative of another in relation to the 

busines of the employer of such employee, the principal of such 

agent or the represented party, without the knowledge of such employer, principal or party is an unfair trade practice. Provided, 

however, that nothing in this Section contained shall be so construed as to prohibit free and general distribution of articles com.- monly used for advertising, except so far as such articles are actually 

nsed for commercial bribery as hereinaboYe defined. 

F. The false marking or branding of any product of the Industry 

which has the tendency to mislead or deceive customers or prospective customer , whether as to the grade, quality, quantity, substance, 

character, nature, origin, size, finish, or preparation of any product 

of the Industry or otherwise, is an unfair trade practice. 

G. The making or causing or knowingly permitting to be made 

or published any f alse, materially inaccurate or deceptive statement, 

by way of adv-ertisement or otherwise, whether concerning the 

grade, quality, quantity, substance, character, nature, origin, size, 

finish, or preparation of any product of the Industry or the credit 

terms, values, policies, or services of any member of the Industry, 

or otherwise, having the tendency or capacity to mislead or deceive 

customers or prospective customers, is an unfair trade practice. H. All members of the Industry, when selling on a time-contract basis, shall use a standard form of sales contract which shall 

include maximum and minimum quantities, definite terms of time 

coverage, adequate description of the product, and all other items 

necessary to form a complete, unambiguous agreement between the 

seller and buyer; said standard form of sales contract to be subject 

to the approval of the Administrator . . 

I. All members of the Industry shall confirm to prospective buyers in writing all verbal contractual quotations within five ( 5) days 

so that definite evidence of such quotations may be on record, and 

such confirmations must embody all terms and consideration of the 

proposal. No additional verbal understanding shall be entered into. 
11 

J. Inducing, or attemptino- to induce, the breach o£ any contract 

between a comrJetitor and his customer, or the repudiation of contracts, or the acceptance of repudiations of contracts, are unfair 

trade practices. 

K. Shipping goods on consignment is an unfair trade practice. 

The tern1 "consignment" as used in this section, means the supplying of goods to a consignee for sale or use by the consio-nee under 

any contract, agreement, or understanding whereby title to the 

goods remains in the consignor until such time as they are withdrawn from the consigned stock and/or sold or used by the consignee, and under which no liability for the purchase price of said 

goods arises on the part of the consignee until such withdrawal 

and/or sale or use by him. 

L. The standard terms of payment of the Industry shall not be 

more favorable to the purchaser than the payment of the net 

amount of the invoice within thirty (30) days from date of invoice 

and with the date of invoice not later than the date of shipment; 

provide l, however, that in cases where it would be to the mutual 

advantage of buyer and b--eller to accumulate invoice·, such invoices 

rendered during any month may all be paid on the fifteenth (15th) 

day of the following month. Intere. tat the rate of six (6) per cent 

per annum shall be charged on the face amount of all invoices on 

and a iter the due 1ate thereof. There shall be no deferred dating. 

lVL The giving of any guarantee against decline in price, except 

as against the eller s own decline up to date of shipment, is an 

tmfair trade practice. 

N. On and after the effective date, a.ll tools and dies made for any 

customer by rneh1bers of the Industry shall be charged for at prices 

not less than allowable cost, and allowable cost shall be flo·ured in 

accordance with the standard cost formula refeiTed to in Section A 

of Article V hereof. Such tools and dies shall be billed and paid for 

according to the regular terms, set forth in Section L of Article V 

hereof, and while all such tools and dies shall remain the property 

of customer·, they shall not be used for the manufacture of products 

of the Industry for other customers without the written permission of 

the owner!::l. 

ARTICLE VI-MoDIFICATIONs 

SECTION 1. This Supplementary Code and all the provi. ions thereof 

are expressly made ubject to the right of the President, in accordance with the provisions of sub-section (b) of Section 10 of the Act, 

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

rule, or regulation jssued under said Act. 

SECTION 2. This Supplementary Code, except as to provisions required by the ct, may be modified and/or amended on the basis of 

experi n e or hanges in circum. tances, such modifications and/or 

amendments to be based upon application by the Supplementary Code 

Authority or other representative group within the Industry to the 

Administrator and such notice and hearing as he shall sp cify and 

to become effective as part of this Supplementary Code on approval 

by the Pre iclent and/or the Administrator. 
12 

AnTICLE VII-MoNOPOLIES 

SECTION 1. No provi ion of this Supplementary Code shall be so 

applied as to permit monopolies or monopolistic practices, or to 

eliminate, oppress, or discriminate against small enterprises. 

ECTION 2. \Vhereas the policy of the Act to increa e real purchasing power will be made more difficult of consunm1ation if price of 

goods and service increase as rapidly as wages, it is recognized that 

price in~ren es except such as may be required to meet individual cost 

should be delayed, but when made such increases should, o far as 

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

AnTICLE VIII-EFFEcTivE DATE AND DuRATION 

This Supplementary Code shall become effective at 12: 01 o'clock 

A.M. on the tenth day after it is approved by the President and shall 

continue in effect until June 16, 1935, or the earliest date prior thereto 

on which the President shall, by proclamation, or the Congress shall, 

by joint resolution, declare that the emergency recognized by Section 

1 of the National Inc1u trial Recovery Act has ended. 

Approved C de No. 84-Supplement No. 29. 

Registry No. 1318-()5. 

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UNIVERSITY OF FLORIDA 

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