Approved Code No. 142-Amendment No.1 Registry No. 1631-11 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL JEWELRY TRADE 

I A 

AS APPROVED ON JULY 20, 1934 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 142-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL JEWELRY TRADE 

As Approved on July 20, 1934 

ORDER 

APPROVING A:M:ENDl\fENTS OF CoDE oF FAIR CoMPETITION FOR THE 

RETAIL JEWELRY TRADE 

An applicati~n 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 an amend· 

ment to the Code of Fair Competition for the Retail Jewelry Trade, 

and hearings having been duly held thereon and the annexed report 

on said amendments, containing findings with respect thereto, hav· 

ing 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 P resi· 

dent, including Executive Order No. 6543-A, dated December 30, 

1933, and otherwise; do hereby incorporate, by reference, said an· 

nexed report and do find that said amendments and the Code as con· 

stituted after being amended comply in all respects with the perti· 

nent provisions and will promote the policy and purposes of said 

Title of said Act, and do hereby order that said amendment be and 

it is hereby approved, and that the previous approval of said Code 

is hereby modified to include an approval of said Code in its entirety 

as amended. 

HuGHS. JoHNSON, 

Administrator for I ndustrial Recovery. 

Approval recommended: 

RoBERT L. HousTON, 

Division Administrator. 

WASHINGTON, D.C., 

July 20, 1934. 

7~248°----820-108----84 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm : This is a report of the I-Iearing on certain amendments to the 

Code of Fair Competition for the Retail Jewelry Trade, conducted 

in Room 128 of the 'Villard Hotel, 'iV ashington, D.C., on May 5, 

1934. The amendments which are attached were pn:sent-ed by the 

National Retail Jewelry Trade Council, which is the national retail 

jewelry code authority, and as such the duly qualified and authorized 

representative of the Trade. 

The first of the ann-exed amendments enlarges upon the definition 

of " professional person " as originally set forth in the Code, in order 

to a void any misunderstanding as to the meaning of that term in this 

Code. ln the several months during which this Code has been effective, the question has frequently arisen as to the scope of the term 

"professional person", particularly as applied to skilled craftsmen 

such as watchmakers, watch r-epairers, engravers, etc., and it was 

thu felt to be advisable to set forth this more detailed definition of 

the term. 

The second of the amendments annexed hereto permits employers 

to allow employees as much as one and one-half hours for lunch in 

communities where a lunch period longer than one hour has customarily been allowed, provided the approval of the appropriate Local 

Retail Jewelry Trade Committee, or if there be no snch local committee, the National Retail Jewelry Trade Council, is first secured. I n 

communitie where such a custom has prevailed, it is sometimes desirable, both from the point of view of the employees and the em- ployers, to establish the longer lunch period permitted under this 

proposed amendment, in order that employees may go to their homes 

for lunch, etc. The third amendment provides that no retail jeweler shall advertise or offer to repair, clean, regulate or adjust watches or clocks or 

any part or parts thereof, at a minimum, maximum or uniform price. 

In the several months of operation of this Code, it has been found 

that a number of jewelers, comprising only a small part of the trar:le, 

have engaged in an unfair trade practice which ha been harmful to 

consumers by misleading them, and to other retail jewelers by gaining the busine s of their customers through other than fair competitive methods. This practice has consisted of advertising to repair watche at a uniform price, which price was often et at a very 

low amount. Different repairs to watches cost varying amount , 

depending on the necessary labor involved and materials which mu~t 

be used. However, consumers through this advertising have been 

led to believe that at such shop they can have any rer airs made at 

a lo:w price, regardles of the serious nature of the defect to be corrected. Retail jewelers who have not indulged in this method of 

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advertising have found it difficult to compete with jewelers who so 

advertise. Therefore, inasmuch as such advertising misleads the 

public and is not a fair competitive practice, it is felt that this 

amendment is a worthy addition. 

The fourth amendment modifies this Code by eliminating therefrom Secion 3 of Article VIII, relating to "pri ·on-made goods." 

The nature of the merchandise handled by the Retail Jewelry Trade 

is such, due to its high intrinsic value, that it is not the subject of 

n1anufacture by inmates of penal institutions. I t is felt, therefore, 

that this provision is an unnecessary one in this Code and it has 

accordingly been eliminated. 

The Deputy Administrator in his final report to me on s!lid amendments to said Code having found as herein set forth and on the 

basis of all the procredings in this matter : 

I find that: 

(a) The amendments to said Coue and the Code us amended are 

well uesigned to promote the policies and purposes of Title I of 

the N at.ional Industrial Recovery Act including the r emoval of obstructions to the free flow of interstate and foreign comm.erce which 

tend to diminish the amount thereof, and will provide for the general welfare by promoting the organization of industry f or the purpose of cooperatiYe action among trade groups, by inducing and 

maintaining united action of labor and management under adequate 

goverrunental sanction 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 r equired), 

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) The Code a amended complies in all r espects with the per. 

tinent provi ·ions of said Title of said Act, including without limita· 

tion Subsection (a) of Section 3, Subsection (a) of S-ection 7 and 

Subsection (b) of Section 10 thereof. 

(c) The Code empowers the National R etail Jewelry Trade Coun· 

cil to present the aforesaid amendments on behalf of the industry ab 

a whole. 

(d) The amendments and the Code as amended are not designed 

to and will not pormit monopolies or monopolistic practices. 

(e) The amendments an l the Code as amended are not designed 

to and will not elimi11ate 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 

a1nen dmen ts. 

For these reasons the amendments have been approved. 

Respectfully, 

JULY 20, 1934. 

HUGH s. JOHNSON' 

ild1ninistrator. 
Al\1ENDl\1ENT TO CODE OF FAIR COl\1PETITION FOR 

THE RETAIL JE\VELRY TRADE 

Sub ec~ion (b) of Article I Section 6 of the Code of Fair Com~ 

petition for the Retail Jewelry Trade shall be amended to read as 

follows: ' The term' profe sional person' as u eel herein shall mean 

lawyers, doctor·, nurse;;, research technicians, advertising specialists 

and other persons engRgecl in occupations requiring a special discipline and special attainn1ent, but shall not be applied to skilled 

craft~men in the retail jewelry trade, such as watchmakers, watch 

repairers and engravers." 

Article IV, Section 6, shall be amended by adding thereto the following provision : l-Ioweyer, in communities "here there has be·en 

an e._;tablished custom to allow employees an interval of long2r than 

one hour for the midday meal such custom may be continued on the. 

Eame basis, provided that in no case shall the interval be longer than 

one and one-half hour ; and provided further that the approval of 

the Local Retail Jewelry Trade Committee within the local area is 

first secured, or in the event that no uch Local Retail Jewelry Trade 

Committee has been authorized within the local area, that the approval of the National Retail Jewelry Trade Council is first secured." 

Article VIII, Section 1, Subsection ( o) shall be amended to read 

as follows: "No retail jeweler shall advertise to repair, clean, regulate or adjust watches or cJocks or any part or parts thereof at a 

minimum, maximum or uniform price, irrespective of the cost of 

such repair and/ or services." 

Article VIII shall be amended by eliminating therefrom Section · 3, entitled "Prison-made Goods", and indicating as Section 3 the I present Section 4, entitled "Company Scrip." 

Approved Code No. 142-Amendment No. 1. 

Registry No. 1631-11. 

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