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Approved Code No. 90-Amendment No. 3 Registry No. 307-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOU THE 

FUNERAL SUPPLY INDUSTRY 

AS A~PROVED ON APRIL 13, 1935 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For SBie by the Superintendent of Documents. Washin6tton, D. C. - - - - - - - • - Price 5 cents 
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Approved Code No. 90-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUNERAL SUPPLY INDUSTRY 

As Approved on April 13, 1935 

ORDER 

APrROVINO AMENDMENT OF ConE oF FAIR CoMPETITION FOR THE 

• FuNERAL SuPPLY 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, £or approval of Amendments 

to the Code of Fair Competition for the Fm~cral Supply Industry, 

and a Public Hearing having been duly given thereon and the annexed report on said Amendments, 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, the National Industrial Recovery Board, pursuant to authorjty vested in it by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise, 

does hereby incorporate by reference said annexed report and does 

find that said Amendments and the code as constituted after being 

amended comply in all respects with the pertinent provisions and will 

promote the policy and purposes of said Title of said Act, and does 

hereby order that said Amendment be and they are hereby approved, 

a.nd that the previous approval of said Code is hereby amended to 

include an approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By W. A. HARRIMAN, Adndnistrative Officer. 

Approval recommended : 

JoHN vV. UPP, 

Acting Division Adn&inistrator. 

WASHINGTON, D. c., 

April 13, 1935. 

128915°----1749- 40----35 (1) 
HEPOHT TO THE PRESIDENT 

The PRESIDENT, 

The vV hite H ouse. 

Sm: This is a report on Amendments to the Code of F air Competition for the Funeral Supply Industry, to incorporate provisions 

r equiring complete trade reports from members of the Industry; to 

include certain States in the territorial divisions; to authorize members of the Industry to enter an agreement for voluntary payment 

of damages for labor and trade practice violations; and to properly 

mark the products with the quality and essential specifications of the 

materials. These Amendments were proposed -in accordance with 

Article X of the Code as approved on November 4, 1933 and a Public 

H earing was given on December 7, 1934. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the N ational Industrial Recovery Board on said Amendments to said Code 

having found as herein set forth and on the basis of all the proceedings in this matter : 

The Amendment of Section lA of Article VI further defines and 

makes more specific the Commodity Divisions established by the 

Code, and establishes three new Divisions. 

Finding.-This Amendment recognizes the need for further classification of the Commodity groups, in that through experience it has 

been found that a more equitable representation was needed. to promote the organization of the Industry. The interests of the lightgauge manufacturers, converters of textiles, and manufacturers of 

set-up or knocked-down shells and metal rough boxes, are through 

this Amendment, given a greater representation, and the Code Authority is better able to contact the members of the Industry and 

enforce the provisions of the Code. 

The Amendment of Section 1B of Article VI considers the Geographical Divisions of the Industry. 

Finding.-The Code, as approved, omitted certain States, and set 

np some Divisions that were found to be impractical. The State of 

Utah can be better administered by being contained in the North 

Pacific Division. 

The Amendment of Article VII, Section 2, by adding a new Subsection (c), provides for the keeping of accurate accounts and inspection of records. 

Finding.-The Code, as approved, authorizes the Code Authority 

to make specific recommendations with reference to keeping of uniform accounts, methods and conditions of trading. To properly 

effectuate the purposes of Title I of the National Industrial Recovery 

Act, this Amendment will enable the Code Authority to properly 

(2) 
3 

determine whether or not a member of the Industry is violating the 

provisions of the Code. It will aid in eliminating unfair trade practices, especially as to sales provisions and terms of sale. It will protect the small legitimate manufacturer working on a small margin, 

from trade abuses which are threatening and tend to favor the large 

manufacturer. The proper administration of the Code is further 

strengthened by this Amendment. 

The Amendment to Article VIII, by adding the new Section 5, 

provides for the proper labeling of the products of the Industry. 

Finding.-The great variety of grades and qualities of the products of this Industry allow the unscrupulous to mislabel or misrepresent the products. A majority of casket shells are covered by cloth, 

which makes it impossible for the buyer to determine the material 

used in manufacture of the casket. By proper labeling, both the 

customer and the Code Authority are protected. The responsibility 

of the goods can be placed and the Code Authority can authenticate 

all prices, and is materially assisted in definitely furthering the provisions of the Code. 

The Amendment to be identified as Article XIV provides for the 

payment of liquidated damages. 

Finding.-Members of any Commodity or Geographical Division 

who so desire, may enter into an agreement among themselves for 

payment of liquidated damages. 

This voluntary agreement differs from present established practices, but this Amendment will tend to promote the general welfare 

of the Industry and will improve the standards of labor through 

increased employment and protection of wage and hour provisions. 

GENERAL FINDINGS 

(a) The Amendments will not change the fundamental economic 

conditions of the Industry, will not obstruct any sound economic 

practice in the Industry and will further the economic progress of 

any manufacurer or jobber or members of the Funeral Supply 

Industry. 

(b) The Code, as amended, 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. 

(c) The Code empowers the Code Authority to present the aforesaid Amendments on behalf of the Industry as a whole. 

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

will not permit monopolies or monopolistic practices, and will not 

eliminate or oppress small enterprises or discriminate against them. 

Findinq.-The Industry has approximately 1,000 members, and 

indirectly affects approximately 25,000 members of the Funeral Service Industry. Through the establishment of Commodity Divisions 

and Geographical Divisions, the small enterprise is represented and 

by establishing methods of cost finding and the filing of prices and 

fair trade practice regulations, the tendency towards any monopoly 

arising is not anticipated. The members of the Industry vary in 

size from the large manufacturers of caskets with national distribution, to the individual local manufacturers of one product. The 

Code offers to all members a voice in the administration of the In-
4 

dustry. A Notice of Public Hearing wa~ published, and the Amendments presented for discussion and review. 

(e) Those engaged in other steps of the economic process have 

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

of said Amendments. 

Finding.-Members of other industries effected by one of the proposed Amend1nents, by letter and telegram, filed protest, and after 

review, this Amendment was deleted. 

For these reasons, therefore, these Amendments have been approved. 

For the National Industrial Recovery Board: 

APRIL 13, 1935. 

w. A. HARRIMAN' 

Administrative Officer. 
AMENDl\1ENT TO CODE OF FAIR COMPETITION FOR 

THE FUNERAL SUPPLY INDUSTRY 

AMEND ARTICLE VI 

SECTION 1 (A) 

Subsection (1) to read: 

(1) Metal Casket Division, consisting of manufacturers of metal 

caskets, and/or of knocked down or assembled shells or major parts 

thereof especially designed or machined for shells for metal caskets. 

Subsection (2) to read: 

(2) Casket Hardware Division, consisting of manufacturers of 

casket hardware, trimmings and ornaments, and/or of stampings or 

castings for casket or vault hardware. 

Subsection (3) to read: 

(3) Metal Burial Vault Division, consisting of manufacturers of 

burial vaults and/or of major stampings and major part , especially 

designed or machined therefor, exclusive of hardware. 

Following the present Subsections ( 4) and ( 5) insert additional 

Subsections (6), (7) and (8), to read: 

(G) Converters of textiles for funeral supplies and/ or jobbers 

who specialize in the sale of textiles for funeral supplies. 

(7) Manufacturers of set up or knocked down shells, and/ or major 

parts especially designed or machined for shells, for wood caskets. 

(8) Manufacturers of metal rough boxes, metal shipping containers, and/or other metal containers for caskets not classified as 

metal burial vaults, and manufacturers of major stampings and 

major parts especially designed or machined therefor, exclusive of 

hardware. 

SECTION 1 (B) 

Insert in Paragraph ( 4) prior to the words "Ea tern Pennsylvania" the word "Delaware." 

Change the wording of Paragraph (11) to read "(11) Mountain 

Division, consisting of Arizona, Colorado, l\1ontana, New l\1exico 

and vVyoming." 

Change the wording of Paragraph (12) to read" (12) North Pacific Division, consisting of Idaho, Oregon, Utah and "'Vashington." 

Delete the period at the end of ·Paragraph (13) and add "and 

Nevada." 

AMEND ARTICLE VII 

Under Section 2 insert a new Subsection (c) to read: 

(c) Keeping of accounts and in.spection of rec01·ds.-l. If the 

Code Authority, or the Secretary of the Code Authority, or the agent 

of the National Industrial Recovery Board shall determine that sub-

(5) 
6 

stantial doubt exists as to the accuracy of any report, so much of the 

pertinent books, records and papers of such member as may be required for the verification of such report may be examined by an 

impartial agency agreed upon between the Secretary of the Code 

Authority and such member or, in the absence of agreement, appointed by the National Industrial Recovery Board. In no case 

shall the facts disclosed by such examination be made available in 

identifiable form to any competitor, whether on the Code Authority 

or otherwise, or be given any other publication except such as may 

be required for the proper administration or enforcement of the provisions of this Code. 

2. The cost of each such examination shall be treated as an expense 

of administering the Code. 

3. Each member of the Industry shall keep written and accurate 

time and payroll records showing the actual number of working hours 

of each and every employee receiving less than a regular weekly 

wage of $35, and the actual net amount of money paid to such employee (s), including as employees all members of the f amily or relatives of the owner ( s) and all stockholders or partners who are 

employed in this Industry and employed by, or actively engae;ed in 

work on behalf of, such member. No member shall fail or retuse to 

keep such records or falsify such records. 

4. No member shall make any sale or delivery of funeral supplies 

without making and keeping a ·written invoice of each and every 

transaction and each invoice shall be an accurate and true record of 

the products furnished, prices, discounts or terms of the sale, and 

shall include therein ,sufficient description as will, upon audit or inspection2 enable anyone to readily and accurately determine the 

transaction involved and the merchandise .furnished, and such description shall be in such form as will enable anyone having reasonable knowledge of the products and terminology of this Industry to 

readily determine whether the prices, discounts and terms o.f sale 

are in accordance with the price,s, discounts and terms filed by such 

member with the Code Authority as being applicable, at the date of 

sale, to the products actually furnished in the particular transaction. 

5. No member shall withhold from any invoice statements which 

properly should be included therein so that, in the absence of such 

statements, the invoice does not truly reflect the transaction involved. 

Al\·[END ARTICLE VIII 

Followin~ the present Section 4, add a new Section 5 to read: 

( 5) Labeti11 g.-(a) Metal 0 askets .-Every metal casket shall be 

plainly labeled, on the outside, with a label stating the name of the 

maker or seller and the kind and gauge of the metal used in the construction of the shell. When the shells are made from ferrous sheets, 

the gauge shall be expressed in terms of U. S. Standard gauge, or 

in terms of decimals of an inch. vVhen the ca,skets are n1.ade of 

copper or bronze heets, the gauge shall be expressed in terms of 

Brown & Sharpe Standard gauge .for copper and bronze sheets. 

(b) All other Caskets and Hardwood Boxes.-All other caskets 

and hardwood boxes shall be labeled with labels ,stating the name 

of the manufacturer or of the firm or individuals selling them to 
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the trade, and also an accurate enunciation o.f the material used in 

the construction thereof. 

(c) Vaults a:nd other llfetal Containers for Oaskets.-All metal 

burial vaults or other metal containers for caskets shall be plainly 

labeled, on the outside, with the name of the manufacturer or ~ell r, 

and the gauge, in term,s of U. S. Standard gauge, and kind, in trade 

name, of the metal used. The use of trade names to indicate the kind 

of metal used is approved but the member using a trade name shall 

file with the office of the Code Authority a statement showing in general terms, such as copper bearing steel, the composition of such 

material. 

(d) Any manufacturer of metal caskets andj or met al vaults 

and/ or other metal containers for caskets ma:y only omit his own 

label ( s) when he sells such product ( s) for distribution by refabricators or wholesale distributors under their own labels provided he 

first registers with the Secretary of the Code Authority a distinctive 

identification symbol, such as a letter or mark or number, or combination thereof, which will be used to identify the one manufacturer's 

product only, and applies such symbol at a definitely specified point 

on the outside or on the outside of the bottom of each such metal casket and/ or metal vault and/ or other metal container for caskets, and 

it shall be an act of unfair competition for the manufacturer to 

fail to affix such symbol or for the refabricator or wholesale distributor to remove any symbol or label. The symbol is to enable the Code 

Authority agents to identify the maker of a product and the registered symbols may not be published to the members of the industry except with the consent of the manufacturer registering such 

symbol. 

(e) All labels or symbols shall be large enough to be easily readable. 

(f) .The labels shall be irremovable in the sense that removing 

them will deface the finish or show a defaced spot in the finish. In 

finished cases this can be done by lacquering or varnishing over the 

label. In textile covered cases, it can be done by cutting out of the 

covering material a piece the size of the label and fitting the label 

in the void thus created. 

Insert the following as Article XIV after Article XIII. Change 

the present title of Article XIV to "Article XV." 

Liquidated damages.-Any member of the Industry may enter into 

an a~reement with any other member or members of the Industry 

providing for the payment of liquidated damages by any party 

thereto upon violation by him of any provision of the Code, provided, 

however, that such agreement shall become effective and bindino- on 

the parties thereto only after the execution thereof shall hav; re- ceived the consent of theN ational Recovery Administration. 

Approved Code No. 90--Amendment No. 3. 

Registry No. 307- 1-01. 

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