Approved-Code No. 454 Registry No

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

OPTICAL RETAIL TRADE

AS APPROVED ON JUNE 4, 1934

WE DO OUR PART

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Approved Code No. 454

CODE OF FAIR COMPETITION

FOR THE

OPTICAL RETAIL TRADE

As Approved on June 4, 1934

ORDER

APPROVING CODE OF FAIR COMPETION FOR THE OPTCA

TRADE

An application having been duly made pursuant to a

compliance with the provisions of Title I of the National 

Recovery Act, approved June 16, 1933, for approval of 

Fair Competition for the Optical Retail Trade, and hearin

been duly held thereon and the annexed report on said 

taining findings with respect thereto, having been made an

to the President.

NOW, THEREFORE, on behalf of the President of 

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

pursuant to authority vested in me by Executive Ord

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

30, 1933, and otherwise; do hereby incorporate by refe

annexed report and do find that said Code complies in 

r

with the pertinent provisions and will promote the polic

p

poses of said Title of said Act; and do hereby order that 

of Fair Competition be and it is hereby approved.

HUGH S. JOHN

Administrator for Industrial R

Approval recommended:

GEo. L. BERRY,

Division Administrator.

WASHINGTON, D.C.,

June 4, 1934.

65034*---37-21--34 (149)
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

SIR: A Public Hearing on the Code of Fair Competition 

Optical Retail Trade, submitted by a Code Committee, consi

representatives of The Better Vision Institute, 30 Rockefelle

New York, N. Y., The Guild of Prescription Opticians of A

Inc., New York, N. Y., and the American Optometric Asso

Inc., Brooklyn, New York, representing approximately 81 p

of the volume of business of said Trade, was conducted in W

ington on December 7, 1933, in accordance with the provis

the National Industrial Recovery Act.

The maximum hours permitted under this Code are for

in any one week. Provision is made for 96 hours extra work 

52 week period, provided, that any employee working thes

hours is granted leave of absence with pay for a period e

the overtime worked or is paid time and one-third for al

in excess of 40 in any one week.

The minimum wage provided in this Code in $15.00 pe

except office girls in cities of less than 50,000 population an

sengers, who are to be paid not less than $12.00 per week. 

sion is made for an equitable adjustment of wages ab

minimum.

The Optical Retail Trade is engaged in the selling at r

ophthalmic products and in rendering services in connectio

ophthalmic products. This trade embraces approximately 

establishments, located in every city and hamlet througho

country. There are two classes in this Trade: first, the O

trists, about 14,000, who both examine eyes and sell oph

products; second, the Opticians, who fill prescriptions a

oplhthalmic products.

The aggregate capital investment for 1933 was approx

85 million dollars, or about $5,800 per establishment. Sales 

trade for 1929 were approximately 185 million dollars. I

sales had dropped to about 135 million dollars.

Employment has remained fairly constant over the last fou

In 1933, there were approximately 13,300 employees, as co

with 14,500 in 1929. There are four general classifications 

ployees: shop crew, fitters of glasses, clerks and office girls 

r

ceptionists). Approximately 40 percent of the total employ

office girls, who under the definition in the Code, can perfo

other duties than receiving patrons, making appointmen

messengers, mum 1933, for weekly answering Prior This therate. which shorter trade hours to the the who Teresulted adopted were telephone. work President's prior other 50. week. in to the employees received In a that proposed considerable Reemployment August, time (150)had wage 1933, been increase the in this Agreement paid this same trade to less Code office weekly than adoptethe ingithA
151

hour week which resulted in an increase of about 7 perc

ployment or 840 employees.

Employment in this trade will increase about ten perce

employees as a result of the proposed Code. The additi

burden to the industry will amount to approximately $

The trade practices of the proposed Code will aid the tra

and will also protect the consumer.

FINDINGS

The Deputy Administrator in his final report to me on 

having found as herein set forth and on the basis of all th

p

ings in this matter;

I find that:

(a) Said Code is well designed to promote the policie

p

poses of Title I of the National Industrial Recovery Act

removal of obstructions to the free flow of interstate a

commerce which tend to diminish the amount thereof and 

p

vide for the general welfare by promoting the organiza

dustry for the purpose of cooperative action among the tra

by inducing and maintaining united action of labor and m

under adequate governmental sanctions and supervision

nating unfair competitive practices, by promoting the fullep

utilization of the present productive capacity of industries

ing undue restriction of production (except as may be t

required), by increasing the consumption of industrial a

tural products through increasing purchasing power, br

and relieving unemployment, by improving standards of 

by otherwise rehabilitating industry.

(b) Said Trade normally employs not more than 

ployees; and is not classified by me as a major industry.

(c) The Code as approved complies in all respects with 

p

nent provisions of said Title of said Act, including with

tion Subsection (a) of Section 3, Subsection (a) of Sect

Subsection (b) of Section 10 thereof ; and that the appl

ciations are trade associations truly representative of the 

Trade; and that said associations impose no inequitable r

on admission to membership therein.

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

or monopolistic practices.

(e) The Code is not designed to and will not eliminate 

small enterprises and will not operate to discriminate aga

(f) Those engaged in other steps of the economic prh

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

Code.

Administrator adduced of proposed approved.Respectfully, solution JUNE This Trade the various 4, during fo and 1934. this has Advisory Boards, revised in this cooperated trade the haring preparation represents and and in fora it fromhese reasons most an is of believed effective, recommendations this satisfactory IiUII Code. that this practical, S. Adminthis manneJoHiINFrom Code Carhb
CODE OF FAIR COMPETITION FOR THE OPTIC

RETAIL TRADE

ARTICLE I-PURPOsE

To effect the policies of Title I of the National Industrial 

ery Act, this Code is submitted as a Code of Fair Competit

the Optical Retail Trade, and, upon approval, its provision

be the standards of fair competition for such trade and s

b

binding upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term " Optical Retail Trade " as used herein inclu

retail distribution in individual units or small quantities to t

mate consumer of eyeglasses, spectacles, oxfords, lorgnettes, 

other ophthalmic frames, mountings and accessories, all oph

lenses, eyeglasses and spectacle cases, parts, sunglasses whe

with ophthalmic lenses, industrial goggles and eye protector

fitted with ophthalmic lenses, and fitting, repairing, adjusti

otherwise servicing of eye-wear and ophthalmic products of al

k

and the servicing of prescriptions to the ultimate consume

respect to the foregoing products, and such related branches 

divisions as may from time to time be included under the pro

of this Code. For the purpose of effectuating this Code th

going definition shall embrace and include every and all p

engaged in the retail distribution to the ultimate consumer 

foregoing products or the servicing thereof.

2. The term " member of the trade " as used herein includb

without limitation, any individual, partnership, association, 

ration or other form of enterprise engaged in the trade, eithe

employer or on his or its own behalf.

3. The term " employee " as used herein includes any and 

p

sons engaged in the trade however compensated, except a me

the trade.

4. The term " employer " as used herein includes anyone by 

such employee is compensated or employed.

5. The term " office girl " as used herein shall mean anyr

ceiving patrons, making appointments, answering the telepho

performing no other duties whatsoever.

by herein fo I 6. of 7reference Industrial The Population the mean National terms to respectively Recovery. the " for President Industrial latesthe purposes Federal the ", Recovery President "Act (152) Census. of " this andAct, of " Code the Administrator and United shall theAdminbe Statedete

" u
153

ARTICLE III-HOURs

1. Maximum hours.-No employee shall be permitted 

excess of forty (40) hours in any one week or nine (9

any twenty-four (24) hour period, except as herein 

provided.

(a) Employees in this trade may be permitted to w

(12) additional hours during any eight (8) weeks in an

52) week period, provided that such employees do no

excess of ten (10) hours in any twenty-four (24) hour p

(1) Each employee, compensated on a weekly basis

b

granted leave of absence with pay for a period equal to th

worked as permitted and limited in Section (a) of th

Such leave of absence shall be granted in daily or week

p

to be agreed upon between employer and employee, 

calendar year in which the overtime occurs, provided, how

the following holidays, namely, New Years Day, Mem

Fourth of July, Labor Day, Thanksgiving and Christmas

be considered as leave of absence under the above rule.

(2) If any employee voluntarily or involuntarily leav

ploy of any employer before said employee has been allo

of absence sufficient to compensate said employee for th

work, said employee shall be paid for such overtime baseh

regular weekly compensation.

(3) Any employee, who is employed or paid on an ho

b

shall be paid at least one and one-third times his norm

r

pay for all time worked in excess of forty (40) hours 

week or nine (9) hours in any twenty-four (24) hour p

established in Section 1 of this Article.

(b) No employee shall be permitted to work more th

days in any seven (7) day period.

2. Exceptions as to hours.-The provisions of this A

not apply to executives, managers or fitters of glasses, wh

p

thirty-five dollars ($35.00) per week or more, or reg

licensed professional persons, viz, physicians or optometr

said persons are engaged as such in their profession.

3. Employment by Several Employers.-No employer sk

ingly permit any employee to work for any time, which w

to the time spent at work for another employer or employ

Trade, exceeds the maximum permitted herein.

4. Hours WVorked Per Day-Rest Periods.-The hours 

any employee during each day shall be consecutive, pro

an interval not longer than one hour may be allowed for e

r

meal period, and such interval shall not count as a part 

ployee's working time. Any rest period which may be 

ployees twelve riod office 5 1. of Minimum less girls Aticle dollars shall than in cities II, not at($12.00) Wages.-No the and be of rate deducted 50,000 messengers, ARTICLE per of fifteen wek. employee population from IV-WAGES who dollars such shall shall or employees less, ($15.00) be be paid as paid defined per inwonowanp
154

2. Piecework Compensation.-This article establishes mi

rates of pay which shall apply, irrespective of whether an em

is actually compensated on time rate, piecework or other ba

3. Part-time Em ployees-Minim mm, W4ages.-Part-time em

shall be paid not less than at an hourly rate proportionate 

rate prescribed in the foregoing sections of this article.

4. Vages Above iiinima,;n.-No hourly, daily or full time 

compensation for employees who are paid less than fifty 

($50.00) per week shall be less than such compensation exis

of June 16, 1933; and no employee shall be paid a wage rate 

will yield a less wage for the shorter full-time week herein 

lished than he could have earned for the same class of wo

the longer full-time week existing as of June 16, 1933. Wa

creases established under the President's Reemployment Agr

shall at least be maintained.

5. Female Employees.-Female employees performing s

tially the same work as male employees shall be paid the sam

r

of pay as male employees, and where they displace male em

they shall be paid at least the same rate of pay as the male em

they displace.

6. Hanidicapped Persons.-A person whose earning capa

limited because of age or physical or mental handicap may b

ployed on light work at a wage below the minimum establis

this Code if the employer obtains from the State authority 

nated by the United States Department of Labor a certific

thorizing his employment at such wages and for such hours a

be stated in the certificate. Each employer shall file monthl

the Code Authority a list of all such persons employed b

h

showing the wages paid to, and the maximum hours of wo

such employee.

7. Paync?/ t of Vages.-All employers shall make payment 

wages duie at least every two (2) weeks and salaries at least m

in lawful currency or by negotiable demand check. These wag

salaries shall be exempt from any charges, fines or deducti

paynments for pensions, insurance or sick benefits other than 

voluntarily paid by the wage earner or required by State law

employer shall withhold wages. The employer or his agent

accept no rebates directly or indirectly on such wages or sala

8. Rcpiacement at Lesser W1 a/e.-No employee shall be disc

and reemployed at a lesser weekly compensation for the sam

of work than he was previously paid; no employee discharge

June 16, 1933, shall be reemployed at a lesser weekly compe

for the same class of work than he was previously paid.

ARTICLE V-GENERAL LABOR PROvISIONS

shall in years provision duly State 1. nature C(tild be signed of an employed age employer shall as or Labor.-No shall to by dangerous ace the be at if employed operations Authority he person to shall be health. deemed in or have under in the occupations such Notrade on to eighteen persofile State hve in a any which certificate empowered complied under (18) capacity. are yars sixteen hazor witop
155

employment or age certificates or permits showing that the 

is of the required age.

2. Provisions From the Act.-(a) Employees shall have 

r

to organize and bargain collectively through representatives 

own choosing, and shall be free from the interference, res

coercion of employers of labor, or their agents, in the de

of such representatives or in self-organization or in other 

activities for the purpose of collective bargaining or othe

aid or protection.

(b) No employee and no one seeking employment shall be r

as a condition of employment to join any company uni

refrain from joining, organizing or assisting a labor org

of his own choosing, and

(c) Employers shall comply with the maxinum hours 

minimum rates of pay and other conditions of employment 

or prescribed by the President.

3. Reclassification of Employees.-No employer shall r

employees or duties of occupations performed or engage in 

subterfuge so as to defeat the purposes of the Act or of th

4. Standards for Safety and Health.-Every employer s

p

vide for the safety and health of employees during the h

at the places of their employment. Standards for safety an

shall be submitted by the Code Authority to the Adm

within six (6) months after the effective date of this Cod

5. State Laws.-No provision in this Code shall super

State or Federal law which imposes on employers more 

requirements as to age of employees, wages, hours of work

safety, health, sanitary or general working conditions, or 

or fire protection, than are imposed by this Code.

6. Posting.-All employers shall post and keep posted 

the wage, hour and general labor provisions of this cod

spicuous places readily accessible to employees. Every m

the Trade shall comply with all rules and regulations re

the posting of provisions of Codes of Fair Competition w

from time to time be prescribed by the Administrator.

7. Dismiissal.-No employee shall be dismissed by reason o

a complaint or giving evidence with respect to an alleged 

of this Code.

8. Established Practices.-No employer shall eliminate o

r

established practices or privileges heretofore granted empl

9. ReduchIon.-If any employer in this Trade shall reduce h

number of employees, or shall reduce the total weekly wag

employee, or shall pay a lesser weekly wage to any employee 

previously paid to a former employee, performing substan

same or similar service, or shall have done any of these thi

June with shall to Code charge 10. be be spent 16, all Authority Compensation of paid 1933, the duties at at surrounding the then, less and of place than such for in to of any the Time his employment. employment circumstances, one Administrator. nornial Spent or more rateat Place or of of in shall pay these connection of Duty.-No for beevents, all reporte

tim witsur
156

ATrICLE VI-ORGANIZATION, PoWERs AND DuTinis OF THE 

AUTHORITY

1. Organization and Constitution.-A Code Authority i

h

established consisting of fourteen (14) persons to be selecte

following manner:

(a) The fourteen (14) persons shall be chosen by th

through a fair method of selection approved by the Admin

four (4) of whom shall be members of the Guild of Pre

Opticians of America, Inc.; four (4) shall be members o~f th

can Optometric Asociation; four (4) shall be members of th

Vision Institute, two (2) of whom shall be Retail member

Institute and Opticians, and two (2) of whom shall be Ret

bers of the Institute and Optometrists; and two (2) of wh

be selected from members of the Trade, who are not me

any Association, one (1) of whom shall be an optometrist 

(1) an optician.

(b) Any vacancy occurring in the membership of the C

thority shall be filled by members of the Trade, through 

method of selection approved by the Administrator for th

election, and the representative character required by su

(a) of this section shall at all times be maintained.

2. In addition to membership as above provided, there 

b

three (8) members, without vote, to be known as Admin

members, to be appointed by the Administrator to serve 

terns as he may specify.

3. Each professional, trade or industrial association di

indirectly participating in the selection or activities of t

Authority shall (1) impose no inequitable restriction on 

ship and (2) shall submit to the Administrator true copi

articles of association, by-laws, regulations and any ame

when made thereto, together with such other informatio

menibership, organization and activities as the Administra

deem necessary to effectuate the purposes of the Act.

4. In order that the Code Authority shall at all times b

representative of the trade and in other respects comply 

provisions of the Act, the Administrator may prescribe su

ings as he may deem proper; and thereafter, if he shall find 

Code Authority is not truly representative or does not 

respects comply with the provisions of the Act, may re

appropriate modification of the Code Authority.

5. Any person engaged in the trade shall be eligible for 

ship in any professional or trade association or organize

upon compliance with the provisions of the by-laws rel

membership, provided that any person applying for such 

ship shall, in addition to the payment of such dues as are 

share member and of for Code 6. the any paid Nothing of Authority. Code act of of the by the cost Authority partners all contained any Codether of Nor other Code Authority members, shall in administration. member, this any be Code accept for member officer, liableany shall agent, in purpose. reasonable of the constitute any or manner Cod employeNor and the Ato s
157

exercising reasonable diligence in the conduct of his du

h

under, be liable to anyone for any action or omission to 

this Code, except for his own individual willful malfea

non-feasance.

7. If the Administrator shall at any time determine 

action of a Code Authority or any agency thereof may b

or unjust or contrary to the public interest, the Administr

require that such action be suspended to a fford an opport

investigation of the merits of such action and further c

tion by such Code Authority or agency pending final acti

shall not be effective unless the Administrator approves 

u

he shall fail to disapprove after thirty (30) days' notice 

h

intention to proceed with such action .in its original or 

form.

8. Powers and Duties.-Subject to such rules and regu

may be issued by the Administrator, the Code Authority s

h

the following further powers and duties, in addition to 

thorized by other provisions of this Code.

(a) To insure the execution of the provisions of this Co

provide for the compliance of the Trade with the provisio

Act.

(b) To adopt by-laws, rules and regulations for its proce

(c) To obtain from members of the trade such informa

reports as are required for the administration of the C

addition to information required to be submitted to the 

thority, members of the trade subject to this Code shall fur

statistical information as the Administrator may deei 

for the purposes recited in Section 3 (a) of the Act to suc

and State agencies as he may designate; provided that n

this Code shall relieve any member of the trade of any 

obligations to furnish reports to any Government agency. 

vidual reports shall be disclosed to any other member of 

or any other party except to such Governmental agencie

be directed by the Administrator.

(d) To use such trade associations and agencies as it deem

p

for the carrying out of any of its activities provided fo

h

provided that nothing herein shall relieve the Code Author

duties or responsibilities under this Code and that such tr

ciations and agencies shall at all times be subject to an

with the provisions hereof.

(e) To make recommendations to the Administrator fo

ordination of the administration of this Code with such ot

if any, as may be related to the trade.

(f) 1. It being found necessary, in order to support the 

tration of this Code and to maintain the standards of fa

tition, established hereunder and to effectuate the policy o

the Code which proper for out to (a)b such of Authority shall To funds notice incur submit the be which held foregoing and is such to authorized: in may the opportunity reasonable trust Administrator purposes be for raised theobligations to and purposes as be hereinafter for t heard meet his as of are aspprovathe such he neceprovCom
158

necessary (1) an itemized budget of its estimated expe

the foregoing purposes, and (2) an equitable basis upo

the funds necessary to support such budget shall be co

by members of the Trade.

(c) After such budget and basis of contribution h

b

approved by the Administrator, to determine and obtai

ble contribution as above set forth by all members of th

and to that end, if necessary, to institute legal pro

therefor in its own name.

2. Each member of the Trade shall be liable for his or 

table contribution to the expenses of the maintenance of t

Authority, determined as hereinabove provided, and subject 

r

and regulations pertaining thereto, issued by the Admin

Failure on the part of a member of the Trade to make such 

tion shall be a violation of this Code. Only members of t

complying with the Code and contributing to the expens

administration, as hereinabove provided shall be entitled to p

pate in the selection of members of the Code Authority, or t

r

the benefits of its voluntary activities or to make use of any 

or insignia of the National Recovery Administration.

3. The Code Authority shall neither incur nor pay any o

in excess of the amount thereof as estimated in its approved b

except upon approval of the Administrator first obtained; 

subsequent budget shall contain any deficiency item for expe

in excess of prior budget estimates except those which the A

trator shall have so approved.

4. Failure on the part of any member of the trade to c

his or its equitable contribution to the expenses of maintai

Code Authority, determined as hereinabove provided, sh

b

violation of this Code, subject, however, to rules and reg

issued by the Administrator which pertain hereto.

(g) To cooperate with the Administrator in regulating 

u

of any N.R.A. insignia solely by those persons engaged in 

who have consented to and are complying with this Code.

(h) To recommend to the Administrator any action or 

deemed advisable, including further fair trade practice p

to govern members of the trade in their relations with ea

or with other trades or industries; measures for industrial p

and stabilization of employment; and including modification

Code which shall become effective as part hereof upon app

the Administrator after such notice and hearing as he may 

(i) To appoint a Trade Practice Committee which shall m

the Trade Practice Committees appointed under such other 

may be related to the trade for the purpose of formulating f

practices to govern the relationships between employers un

code and under such other codes to the end that such fair tra

p

tices code in toawards (j) labor prescribe and may To and disputes, such provide be determination. rules proposed other and of appropriate codes. procedure subject to theAdministrator to facilities and rules the approval for to arbitration as effect of amendmentthe complianAdminot
159

ARncLE II-SALEs BELOW COST

1. The standards of fair competition for the Trade with r

to pricing practices are declared to be as follows:

an T he Principles.-

Destructive price cutting is an unfair method of c

an is forbidden at all times, irrespective of the existe

emergency.

(ii) When no declared emergency exists as to any give

p

there is to be no fixed minimum basis for prices but it i

that sound cost estimating methods should be used;

(iii) When an emergency exists as to any given pro

below the lowest reasonable cost of such product, in vi

subsection (c), is forbidden.

(b) Normal Provigion (Cost Estim.atinq Methad).-T

Authority shall cause to be formulated methods of accou

cost finding and/or estimating capable of use by all memb

Trade and shall submit such methods to the Administrat

approval. Full details and instructions concerning such 

shall be made available to all members of the Trade a

Administrator and thereafter it is intended that all memb

utilize the principles of such methods.

(c) Emergency Provisions (Lowest Reasonable Cost).-

emergency exists, the Code Authority may cause an imparti

to investigate costs and to determine the lowest reasonab

the product affected by the emergency. Such determination 

clude all cost elements set forth in and shall be in all res

ject to such rules and regulations as may be issued by the 

trator and subject to his approval or modification, after su

and opportunity to be heard as he may prescribe. The 

thority or the Administrator may, from time to time, cause 

termination to be reviewed or reconsidered and appropria

taken.

(d) Defnitions.-

An " Emergency " exists whenever the Administrator d

that destructive price cutting is rendering ineffective or 

endangering the maintenance of the provisions of this C

" Destructive price cutting".

(i) When no emergency exists, the term shall have the 

declared in rules and regulations promulgated by the 

trator on recommendations of the Code Authority or on h

motion.

(ii) When an emergency exists, the term shall mean an

violation of subsection (c) hereof;

(iii) It shall be an absolute defense to any charge of d

price cutting, if any impartial agency, designated or approv

b

proper Administrator, tion, posal with destructive (aa) (bb)cc) evidence of use When Tat dropped of the the the no of which shall price declared price price linesannounced find, cutting complained or complained haseconds, emergency been cost has reported estimating in ofrof exists, good is is jiistified justified to the faith that methods. by the endeavored Code as existing a membemetLhAuth
160

ARTIcLE VIII-TRADE PRACTICE RuLrs

1. MISLEADING AND " BAIT " ADVERTISING

(a) No member of the Trade shall use advertising, 

printed, radio, display, or of any other nature, which is m

or inaccurate in any material particular, nor shall any suc

p

in any way misrepresent any goods or services (including b

out limitation, its use, trade mark, grade, quality, quant

origin, substance, character, nature, finish, material, content op

ration) or credit terms, values, policies, services, or the n

form of the business conducted.

(1) No member of the Trade shall advertise the " free exa

of eyes , free consultation ", " consultation without obl

free advice ", or any words or phrases of similar impo

convey the impression to the public that eyes are examined 

of a character tending to deceive or mislead the public, o

nature of " Bait " advertising.

(2) No member of the Trade shall use an advertisem

frame or mounting which is not truthful in describing the 

mountino and all its component parts. No member of th

shall advertise a frame or mounting at a price, unless it sha

b

picted in the advertisement without lenses inserted, and in 

the advertisement must contain a statement immediately fo

or adjacent to the advertised price, that the price is for 

mounting only, and does not include lenses, eye examination p

fessional services, which statement shall appear in type as 

that used for the price. No member of the Trade shall 

lenses or complete glasses, viz; frame or mounting with la

cluded, at a price either alone or in conjunction with pro

services.

(3) No member of the Trade shall use advertising, 

printed, radio, display or of any other nature, which ina

lays claim to a policy or continuing practice of generall

selling competitors.

(4) No member of the Trade shall use advertising, whether p

radio, display or of any other nature, which refers ina

in any material particular to any competitors or their good

p

values, credit terms, policies or services.

(5) No member of the trade shall use advertising whether p

radio, display, or of any other nature, which states any 

amount of money as " down payment " and any definite am

money as a subsequent Payment, be it daily, weekly, month

the end of any other period of time.

(6) The Code Authority shall make recommendations to A

m shalluch any with ofnistrator 2. Standards ophthalmic products First notice standards become Quality.-No and forand effective to hearing rules be approved hereafter and upon as member which regulations he by approval may set the are of up prescribe. Administrator. not the in cooperation concerning of first of trade the shall quality Xdministratadvertisinwith use in or thac
161

3. Price Discrimination.-No member of the trade shal

inate directly or indirectly in his current price between p

of the same quality, grade, or quantity of ophthalmic produ

provision, however, shall not apply with respect to clerg

r

ligious and charitable institutions, sales to a member's emp

to persons whose inability to pay has been established br

table social service agency.

4. Secret Coimmissions.-No member of the Trade shal

offer to give, any prescriber of ophthalmic products, who hap

in the production, sale, handling, fitting or delivering of 

thalmic products, thus prescribed, any commission, rebate, 

reward, gift, honorarium, emolument or other remunerati

form of money or any other property.

5. False Billing.-No member of the trade shall knowin

hold from or insert in any quotation or invoice any statem

makes it inaccurate in any material particular.

6. Inaccurate Labeling.-No member of the trade shall b

mark or package any goods in any manner which is inten

or does deceive or mislead purchasers with respect to th

b

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

terial, content, or preparation of such goods.

7. No member of the trade shall secretly offer or make 

p

ment or allowance of a rebate, refund, commission, cr

earned discount or excess allowance, whether in the form 

or otherwise, nor shall any member of the trade secretly 

extend to any customer any special service or privilege 

tended to all customers of the same class, for the purpo

fluencing a sale.

8. BRiibing.-No member of the trade shall give, perm

given, or directly offer to give, anything of value for the p

of influencing or rewarding the action of any employee, 

representative of another in relation to the business of the 

of such employee, the principal of such agent or the re

party, without the knowledge of such employer, principal 

p

This provision shall not be construed to prohibit free an

distribution of articles commonly used for advertising exc

as such articles are actually used for commercial bribery 

above defined.

9. Prohibition Against Use of Subterfuge.-No memb

trade shall use any subterfuge to frustate the spirit and 

this Code, which is, among other things, to increase emplo

remove obstructions to commerce, to reduce hours of work 

r

wages to a living basis.

ARTICLE IX-MODIFICATION

subject to sions to issuedncluded 1. 2. cancel This Such of under subsection herein or Code the of modify said the right by and provisions Act. the (b) ofany all Act the of Section the order, President, may, of provisions approval, this with 10 Code of inthe thereof the accordance license, approval as Act, are are not from ruleofxpreswith requior the timrtpb
UNIVERSITY O

162 3 1262 085

trator, be modified or eliminated in such manner as may b

cated by the needs of the public, by changes in circumstances

experience. All of the provisions of this Code, unless so mod

eliminated, shall remain in effect until June 16, 1935.

ARTICLE X-MONOPOLIES, ETC.

1. No provision of this Code shall be so applied as to 

monopolies of monopolistic practices, or to eliminate, oppress 

criminate against small enterprises.

ARTICLE XI-PRICE INCREASES

1. Whereas the policy of the Act to increase real purchasing 

will be made more difficult of consummation if prices of go

services increase as rapidly as wages, it is recognized tha

increases except such as may be required to meet individu

should be delayed, but when made such increases should, so 

possible, be limited to actual additional increases in the seller

ARTICLE XII-EFECTIVE DATE

This Code shall become effective on the second Monday a

approval by the President.

Approved Code No. 454.

Registry No. 164-09.

0