Registry ~ o. 0

1_399-35 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CANNING .AND PACKING 

MACHINERY INDUSTRY 

. .......... '"" O= . -"'·• -

AS APPROVED ON OCTOBER 31, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

• 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cen ts 
• 

This publication is for ale by the Superintendent of Document , Government 

Printing Office, Wa hington, D.C., and by di trict offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Ia s. : 1801 Customhouse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of C mmerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : hamber of Commerce. 

Dallas, Tex.: hamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

M mphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 933 Comm rcial Trust Building. 

Pittsburgh, Pa.: Chamber of ommerce Building. 

Portland, Oreg. : 215 ew Post Office Building. 

St. Loui , Mo.: 506 Olive Street. 

an Francisco, alif.: 310 ustomhou e. 

Seattle, Wash.: 809 Federal Building. 

(II) 
EXECUTIVE ORDER 

CooE OF FAIR COMPETITION FOR THE CANNING AND PACK.ING 

MACHINERY INDUSTRY 

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

compliance with the provisions of title ·r of the National Industrial 

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

of Fair Competition for the Canning and Packing Machinery Industry, and hea-rings having been held -thereon and-the Administrator having rendered his report containing an analysis of the said 

code thereto, and the Administrator having found that the said code 

of fair competition complies in all respects with the pertinent provisions of title I of said act and that the requirements of clauses (1) 

and (2) of subsection (a) of section 3 of the said act have been met: 

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

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

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

otherwise, do adopt and approve the report, recommendations, and 

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

fair competition be and is hereby approved. 

THE WHITE HousE, 

October 31, 1933. 

Approval recommended: 

FRANKLIN D. ROOSEVELT. 

HUGHS. JOHNSON, 

Admini,strator. 

(III) 

18875°-iss-116-33 

.. 
0 T BER 23 1933. 

The PRE IDE~T 

Th White House. 

IR: Thi i a report of the h aring on th d of Fair 

tion for th anning and Packing 1a hinery In lu try in th nited 

tate conducted in Washington on Octob r 11, 1933, in a cordance 

with the provisions of the rational Industrial Reco ery Act. 

PROVISION AS TO WAGE AN H R 

o person under eighteen (18) years of ag hall be em.12loyed on 

work of a hazardous nature, and no person under ixteen ( 16) years 

of age hall be employed in this industry. 

A minimum wage rate of 40 cents per hour is established for factory employees unless the rate on July 15, 1929 was lower in which 

ca e the rate per hour shall not be less than the rate then paid, 

provided, however, that in no event shall the rate be less than 32 cents 

per hour. 

The minimum wage paid to any other employee shall not be less 

than $15.00 per week in any city or trade area of over 500 000 population; not less than $14.50 in any . city or trade area of between 

250 000 and 500 000 population; and not less than $14.00 in cities or 

towns of less than 250,000 population. 

Office boys and girls, not exceeding 5 percent in number of the 

total office force of any employer, may be paid not less than 80 

percent of the minimum weekly wage. 

Existing wage differentials above the minimum shall be maintained as far as practicable, and in no case shall the wage rate, 

whether on an hourly weekly, or monthly basis be reduced. 

Exi ting or future apprentice hip contracts shall be filed with the 

ode Authority. 

40 hours i established as the maximum week. 

Exception cover executives, profe ional per ons heads of admini trative departments, technical engineers and the immediate assistants of all the foregoing clas ifi ation · fa tory and office upervi ory staffs, who receive more than $35.00 per week ou ide service 

m n, alesmen and watchmen, provided that watchm n hall in no 

ca e work more than 56 hours durino- any on w k. 

It i further provided that in ca e of merg ncy when delay would 

r ult in the lo of perishabl animal fruit, or v O' tabl products 

a toleran e of 20 percent over 40 hour may be work d but such 

extra tim mu t be averaO'ed down to 40 hour during any ix months' 

p riocl. 

merg n in tallation and tore erV1c mpl y 

canning ea on are p rmitt d tow rk xtra h ur and if th a'\"'a1labl 

supply of skilled mploy e in an parti ular ar a i ab orb u h 

(IV) 
V 

departments as may be affected may also be pe14tnitted to exceed the 

schedule. 

Shipping clerks, stock clerks, and firemen are allowed a tolerance 

of 10 percent. 

ECONOMIC EFFECT OF THIS CODE 

This industry is operating at about 30 percent of capacity and has 

suffered severely during the depression. Employment will be increased at least 20 percent and pay rolls increased approximately 

27 percent. This is effected through operating on the shortened 

schedule of hours provided in this Code. Under normal conditions 

the industry has worked as high as 60 hours per week during peak 

production with annual averages of 45 hours per week. 

Very little machinery can be built £or stock and a large proportion 

must be assembled under emergency conditions, sales of new equipment to a large extent depending on any surplus vegetable, fruit, or 

animal products which might otherwise deteriorate. 

FINDINGS 

The Administrator finds that: 

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

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of section 7 and subsection (b) of section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Canning and Packing Machinery Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

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

of Title I of the National Industrial Recovery A.ct. 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

HUGH s. JOHNSON' 

Administrator. 

CODE OF FAIR COMPETITION FOR THE CANNING AND 

PACKING MACHINERY INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the Canning and Packing Machinery Industry 

and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

"Industry" as used herein means the Canning and Packing Machinery Industry, which embraces the manufacture for sale or sale 

in the open market and within the United States of America or its 

territories of canning machinery used for the preparation and 

processing of foods for human or animal consumption; machinery 

used for the manufacture of cans and containers for such foods; 

machinery used for the preparation and packing of fresh fruits and 

vegetables; machinery used for the dressing, processing, and packing of animal, poultry, and fish products, whether intended for final 

sale in fresh, frozen, or canned form; and machinery used for the 

processing and packing of dried or dehydrated fruits and vegetables 

and parts thereof. 

The term "employee" as used herein includes anyone engaged 

in the industry in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such 

compensation. 

The term" employer" as used herein includes anyone by whom any 

such employee is compensated or employed. 

The term " member of the industry " includes anyone engaged in 

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

behalf. 

The terms "President" "Act" and "Administrator" as used 

herein shall means respectively ' the ' President of the United States, 

the National Industrial Recovery Act, and the Administrator of 

said Act. 

Population for the purposes of this Code shall be determined by 

reference to the 1930 Federal Census. 

The term ,., Institute " as used herein means the Canning and 

Packing Machinery Institute or any committee, or section thereof, 

to whom it has delegated authority. 

The term' Code Authority" as used herein means the supervising 

and admini tering body charged with representing the Industry and 

the Administrator in promulgating the rules governing the operation 

of the Industry under this Code. 

The term "effective date" as used herein means the eleventh. clay 

after the approval of this Code by the President. 

(1) 
2 

AnTI LE III- ◄ l\f PLOY rn T 

- (a) (1) Emplo. hall ha th right to organiz and bargain 

11 ctivel throuo·h r pr entati of th ir wn hoo ing an<l hall 

b fr from the int rfer n r train r o r ion of emplo r of 

labor or their ao- nt in th d ignation of uch repre ntativ or 

in elf-oro-anizahon or in other one rt d activities for the purpo e 

of olle tive bar ·ainino- or other mutual aid or protection· (2) no 

mploy e and n on king emplo n1ent hall be requir l a a 

condition of emplo n1 nt to join any company union or to refrain 

from joinino- or anizing or a i ting a labor organization of his 

own choosing· and (3) employer hall comply with th maximum 

hours of labor, minimum rates of pay, and other conditions of 

employm nt approved or prescribed by the President. 

(b) Thi ode tabli hes a minimum rate of pay r gardl s of 

whether an employ e i compensated on a time-rate, piece-work, or 

other basis. 

( c) Female employees performing substantially the same work as 

male employee hall receive the same rates of pay as mal~ 

employees. 

( d) o employer shall engage any employee for any time which, 

when totaled with that already performed with another employer, or 

employers exceeds the maximum permitted herein. 

( e) No employer shall operate on other than a schedule of 6 days 

work in seven except in ca es of emergency. 

(f) Within each State this Code shall not supersede any laws of 

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

or general working conditions than under this Code. 

(g) Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purpose of the Act. 

(h) Each employer shall post in conspicuous places full copies 

of this Code. 

ARTICLE IV-MINORS 

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

any employer and where State laws require higher wages or horter 

hours of employment, such requirements shall be complied with in 

such States. No minor under the age of eighteen ( 18) years hall be 

employed on any power-driven, wood-workino- or metal-working machinery or in hot or cold forging proce ses or in any other occupation determined by the Code Authority to be hazardous provided, 

however, that on complaint the Admini tration may review and disapprove or modify such determination. 

ARTICLE V-W AGES 

(a) On and after the ffective date the minimum wage that hall 

be paid by any employ r to any factory employee engaged in the 

Industry and in labor operation directly incident thereto, shall be 

not less than forty ( 40) ents per hour unle s the rate per hour for 

the same class of labor on July 15, 1929, was 1 ss than forty (40) 
3 

cents in which case the rate per hour paid shall be not less than the 

rate per hour paid on July 15, 1929, and provided that in no event 

shall the rate per hour paid be less than thirty-two (32) cents per 

hour. 

(b) On and after the effective date, the minimum wage that shall 

be paid by any employer, to all other employees shall be not less 

than fifteen dollars ($15) per week in any city of over 500,000 population or in the immediate trade area of such city, nor less than fourteen and a half dollars ($14.50) per week in any city of between 

250,000 and 500,000 population or in the immediate trade area of 

such city, nor less than fourteen dollars ($14) per week in any city 

or town of less than 250,000 population or in the immediate trade 

area of such city or town. 

Provided, however, that office boys or girls ( other than apprentices) may be paid not less than eighty (80) percent of such minimum wage but the total number of such office boys or girls at such 

reduced rate shall not exceed in any calendar month five (5) percent 

of the total number of all employees covered by the provisions of 

this paragraph (b), provided that each employer may employ a 

minimum of one office boy or girl. 

( c) To the extent practicable, the wage rates, whether on an hourly, 

weekly, monthly, or piecework basis, of employees receiving more 

than the minimum wage rates shall be equitably adjusted, and in no 

case shall the aforesaid wage rate and/ or rates be decreased as a 

result of this adjustment of hours, so that existing differentials shall 

be maintained and, to the extent practicable, recognition shall be 

g-iven to the desirability of maintaining earnings, provided such adJUstment has not already been made since June 16, 1933; further, each 

employer shall report action taken under this section to the Code 

Authority. 

( d) Nothing in this Article V shall apply to, or affect, any employee apprenticed to any employer by an indenture made in pursuance of the laws of any state of the United States, or by a written 

contract under any apprentice system established and maintained by 

any employer, provided such agreements are, and each additional 

agreement as made is, filed with the Code Authority, and provided 

that this exception shall apply to such employees only during the 

period that they are receiving less than the minimum rate. 

( e) Any employee who, by reason of disability or infirmity, is competent only for light employment shall be paid not less than eighty 

(80) percent of the minimum wage referred to in paragraph (a) of 

this Article V, provided that a record of each case shall be filed with 

the Code Authority. 

ARTICLE VI-HouRs 

SECTION 1. (a) The proponents of the code represent that the 

demand for canning and packing machinery is subject to :fluctuations not believed to prevail in many other industries and that 

there is but one customer for these machines, t~~ canner or packing 

house or farmer who uses the same, and the ability of this customer 
4 

i c ndition d 111 on th I ri quality and quantity of the 

vari u r I . Th d 1nnn l Y n in p -ri d f 1111 arativ pro perit i err atl yari d and of n obli rat d b ' unf r abl w ath r 

ondition p or plant di a u h a ·dr uo-h hail, and t rnad r th i:r val n f b r r aphi blio-ht ddling 

moth and th lik . Probabl f th Yariati n in i ld i 

due to u h or imilar cau e . n m rg n l mand f r rtain 

ma hin r i ft n created b the am onclition . For xampl , 

the failur of a crop in one ti n of the ountr may r ult in a 

ub tantial increa e in late planting in anoth r ction, and to car 

for the handling of the ame machin ry mu t be provid d almo t 

ov rnight. 

(b) While thi Indu try recognize and sympathizes with the 

ideal of a limited work day and work week and b lieve that 

hour per day and 5 days per week is desirable, yet it i impo ible 

to adopt uch limitations in meeting the requirement of th :pro - sors of perishable food product , as a considerable variation 1n factory hour ha alway been es ential and must be permitt d. 

SEC. 2. (a) No employer shall employ any employee in exce s 

of forty ( 40) hours per week. 

(b) Provided, that these limitations of hours hall not apply to 

executives, professional persons, heads of administrative d partment, technical engineers, and the immediate as i tants of all the 

foregoing classifications, factory and office supervi ory taffs, not including foremen primarily engaged in productive work, provided 

that no person receiving less than thirty-five ($35.00) dollars per 

week shall be considered to come under any of the foregoino- exempted classifications of this paragraph, outside ervice m n and 

traveling salesmen, and watchmen, provided, however, that watchmen shall not work more than fifty-six (56) hours in any one week. 

(c) Provided, further, in o'rder to meet any emero-ency demand 

where the delay in furnishing equipment might result in the loss of 

perishable animal, fruit, or vegetable product a tolerance of not 

more than 20% in the number of hours worked may be p rmitted, 

but in no case shall the time worked exceed 40 hour per week on 

a six-month average and further provided that all uch emero-encies 

be reported to the Code Authority and such information made available to the Administrator. 

( d) Provided further, that these limitations shall not apply to 

highly killed employees engaged in emergency in tallation work 

nor to stores service employees during active annino- and/ or packinosea ons, nor when the available supply of emplo ee in any certain 

skilled trade within a locality or trade area have been absorb cl into 

the indu try, but in all uch emergencies the Admini trator hall b 

advi ed; provided further, as to employees e1waged in the ar of 

plant and production faciliti s, firem n and to k and hipping 

clerk th re shall be a toleran of 10 p re nt. 

(e) For the purpo e of adju ting op rati n to comply with the 

six month ' averao-e requir rn nt, any mplo r may adopt for ea h 

location uch ix-month p riod as is most appropriate for the bu ine. s 

there conducted. 
5 

ARTICLE VII-ADMINISTRATION 

1. To further effectuate the policies of the Act, a Code Authority 

is hereby constituted to cooperate with the Administrator in the 

administration of this Code. 

(a) The Code Authority shall consist of the Executive Committee 

of the Institute. In addition, its membership may include two (2) 

nonmembers of the Institute elected by s_ome fair method of. selection 

by the nonmembers, and upon his request not more than three ( 3) . 

nonvoting appointees of the Administrator. 

(b) Each trade or industrial association directly or indirectly 

participating in the selection of activities of the Code Authority 

shall: {1) Impose no inequitable restrictions on membership, and 

(2) submit to the Administrator true copies of its articles of association, bylaws, 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 purposes of the Act. 

( c) In order that the Code Authority shall at all times be truly 

representative of the industry and in other respects comply with 

the provisions of the Act, the Administrator may provide such 

hearings as he may deem proper; and thereafter if he shall find 

that the Code Authority is not truly representative or does not in 

other respects comply with the provisions of the Act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act, subject to the right of the Administrator on review to disapprove or modify any action taken by the 

Code Authority. . (a) To collect from employers in the Industry all data and statistics required by this Code or by the President or his agents under 

the National Recovery Act and make same available to the Administrator; provided, however, that such information shall be confidential except insofar as disclosure may be necessary for the effective administration and enforcement of this Code, and in no case 

shall the data and statistics furnished by any employer be revealed 

to the compet_itor of said employer. 

(b) In addition to information required to be submitted to the 

Code Authority, there shall be furnished to Government agencies 

such additional information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the National Industrial Recovery Act. · ( c) To represent the Industry in conferring with the President 

or his agents with respect to the Administration of this Code and in 

respect of the National Industrial Recovery Act and any regulation 

issued thereunder. 

( d) To hear complaints and attempt to adjust the same and report the results thereof to the Administrator. 

( e) To coordinate the administration of this Code with such 

Codes, if any, as may be adopted by any subdivision of this Industry 

or any related Industry, with a view to providing joint and harmonious action on all matters of common interest, all with the approval 

of the National Recovery Administration. 
6 

( f) 1\1 mb r hall b en itl l to parti ipa~ in 

and hare h benefit f h a tiviti of th Cod Authorit and to 

parti ipate in the 1 ti n f the m mb r th r of b a ntin to 

and ompl 1 ing with the r quir m nt of thi ode and u taining 

th ir r a onablc har of th xp n s of i admini tration. The 

rea onable har f the xp n es of admini tration shall be d t rmin d by th od uthonty ubj t to r view by th dmini trator on th ba i of volume of bu in and/ or u :h oth r factor as 

may b leem d equitable to be taken into con id ration. 

(g) No emfloyer shall u e any subterfucre to frustrate the pirit 

and intent o the purpo es of this Code which is among other 

thiner to increa e employment, to remove ob tru tions to ommerceand to shorten hours and raise wages for the shorter week. 

(h) Aggregations of employers having a common intere t and 

common problems may be grouped by Code Authority for administrative purpo e into various subdivisions or product cla ifications, 

and such subdivisions shall be subject to review by the Administrator. 

(i) In each subdivision or product classification there may be a 

sub upervi ory Authority approved or appointed by Code Authority 

subject to the approval of the Administrator. If formal complaint 

is made that provisions of this Code have been violated by any employer, Code Authority may delegate the proper subsupervi ory Authority to investigate the facts, or may cause such investigation to 

be made as it may deem neces ary, and the results of aid inve tigation hall be reported to the Administrator. 

ARTICLE VIII-AccouNTING AND CosTING 

Every employer shall use an accounting ystem which conforms 

to the principles of and is at least as detailed and complete as a 

standard method of accounting and a standard method of co tini to 

be formulated or approved by Code Authority with such variat10ns 

therefrom as may be required by the individual conditions affe ting 

any employer or group of employers, and which standard hall be 

subject to the approval of the Administrator. 

ARTICLE IX-NOT To SELL BELow CosT 

In recognition of the fact that the Indu try ha uffered from nonprofit sales no employer shall sell or ex hange any product of the 

Industry manufactured by him at a price or upon term and conditions which will result in the purchaser pa ina for the goods 

received less than the cost thereof to the mployer a d termined 

in accordance with the method of co ting d cribed in Article VIII ; 

provided, that dropped line , or ond , or inv ntori s whi h mu t 

be converted into ash to meet em rgency ne l ma be di po d 

of by any employer at any le er pri e and on any term and c nditions, but all uch . al shall be r ported to the od Authority; 

provid d further, should ubnormal ondi i ns continu a member 

of the Indu try with the approval f th dmini trator may take 

his co ts pr ailing during the la ar in which u h individual 

employer made a profit as co t for the purpose of this tion. 
1 

Upon new machines developed since the aforesaid profit year overhead rates used in said profit year shall be used unless actual cost 

figures thereon shall be filed with the Code Authority. 

ARTICLE X-PRICE LISTS 

(a) Each employer in the Industry shall immediately file with 

Code Authority or with some other responsible, disinterested ~gent 

designated by it at such place as shall be determined, a confidential 

net price list and discount sheet independently prepared by such 

employer, showing his current prices and discounts and terms o~ 

payment, and no sales shall be made except upon such price lists. 

Any change price lists and discount sheets shall be similarly filed 

from time to time thereafter, to become effective upon a date specified therein, which shall not be less than ten days after the same shall 

be so filed, except that upon machines newly designed and/ or invented the price list therefor shall become effective immediately upon 

same being offered for sale and the price list filed within five days 

thereafter. No employer in the Industry shall sell any product referred to therein for any other prices or upon any other discounts 

or better terms than as set forth in his last net price list and discount 

sheet filed as herein provided. 

(b) Included in such deposited price list shall be a schedule of 

installation charges, setting forth the rates to be charged for such 

work, including traveling and living expense. 

( c) At its discretion, and upon the approval of the Administrator, 

Code Authority may appoint an Auditor who shall not be an employee of any employer to visit the various employers' offices, check 

the sales records as compared to the aforesaid deposited price lists, 

terms, and discount sheets, and report his findings to it. 

( d) Code Authority shall review all Auditor's findings and shall 

report violations of this Code to the Administrator. 

ARTICLE XI-UNFAIR PRACTICES 

The practices hereafter enumerated in this paragraph, if indulged 

in by any member of the Industry, shall constitute acts of unfair 

competition within the meaning of, and with the effect and penalties 

set forth in paragraph (b) of Section 3 of the Act. 

(a) Knowingly or willfully failing to comply with any of the 

provisions of this Code; 

(b) Making or promising of any bribe, gratuity, gift, or other 

remuneration, directly or indirectly, to any employee or officer of any 

purchaser or prospective purchaser for the purpose or with the effect 

of making a sale of any product of the industry; 

( c) Circulating or disseminating false or misleading information 

relative to the product, price, credit standing, ability, or performance of any competitor in the industry; 

( d) Knowingly inducing or trying to induce in any manner the 

violation of any contract with any competitor in the industry; 

( e) Granting the secret payment or allowance of rebates, refunds, 

commissions, credits, or unearned discounts, whether in the form of 
8 

mon } or oth l'wi r the er t ext n ion to rtain purcha er of · r i or pri Yil er not extended to all pur has rs on like 

t rm and nditi n ; 

(f) Pro urino- any information concerning th bu ine s of any 

empl r in the indu try which i prop rly guard d by such emplo er a a trad seer t or as confidential within its organization 

oth rwi e tha,n with the con nt of such mployer; provided, howev r that thi shall not apply to information obtained relevant and 

pertinent to any inve tigation under aken under this ode; 

(g) elling or offering to sell any new machine upon which the 

seller thereof ha not deposited a price list in effect on the date of 

such ale or offer except for newly designed and/or invented 

machines; 

(h) Making or offering to make a trade-in allowance for any 

machine more than two years old greater than 15 % of the price of 

the new machine or of the original price of the trade-in machine, 

whichever is lower; 

(i) Selling or offering to sell any product of the indu try at a 

price less than or upon discounts and terms other tban those set 

forth in the deposited price list of the manufacturer thereof or 

secretly or openly agreeing to divide with the purchaser or intending purchaser any selling commission or discount granted by an 

employer to the selling agent or agency; 

(j) Agreeing to install any machine or equipment free of charge 

to the purchaser thereof or failing to charge the deposited rate for 

in tallation as set :forth in the price list. 

(k) So long as the maker of any trade-marked machine or design ( or his successor in business) continues to make the same or 

to supply repair parts therefor, it shall be an unfair method of competition for any other employer to make and supply either repair 

parts :for or such machine and design unless (a) the name of the 

maker thereof is plainly marked on each machine, design or part, 

and if this is impractical as to parts on the package or tag thereof 

and (b) unless in such a manner as to clearly indicate to the ultimate 

user that said machine, design or parts were not made by the maker 

of the original machine, design or part. 

ARTICLE XII-SA.LES FOR EXPORT 

Except as may be subsequently set forth in a specific or supplementary Export Code :for the industry, the provis10ns of this Code 

now or hereafter adopted with regard to prices, di counts, deduction , allowances, extras, c01nmissions, or methods and/or terms of 

sale, are not to apply to direct export sales or to sales in course of 

export, ( i.e., sales destined ultimately for export) or to sales of mat~r~als used in_ the manufacture of products for export, but the prov1s1ons of Article IX shall apply to such sales. 

Ann LE XIII-RroHT OF PRESIDE T 

. Thi. Code and all the provi ions thereof ar expre ly made ubJ ct to the right of the Pr id nt in accor lance with the provisions 

of sub ection (b) of ection 10 of the ational Indu trial Recovery 
9 

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

license, rule, or regulation issued under Title I of said Act and 

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

cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. 

ARTICLE XIV-AMENDMENTS CONTEMPLATED 

This Code is intended to be a basic Code. Study of the trade practices of the industry will be continued by Code Authority with the 

intention of submitting from time to time after its effective date 

additions to, or revisions of, or supplements to, this Code; such additions, such revisions, and such supplements, however, shall conform 

to and be consistent with the provisions of this Code as now constituted, or hereafter changed. 

Any such amendments, additions, revisions, or supplements proposed by Code Authority and approved by the President shall be 

in full force and effect from and after such approval. 

ARTICLE XV-SEGREGATION OF INDUSTRY 

If any employer of labor in the industry is also an employer of 

labor in any other industry, the provisions of this Code relating to 

selling and business practices shall apply to and affect only that part 

of his business and product which is included in this industry. 

ARTICLE XVI-EFFECTIVE DATE 

This Code shall become effective on the 11th day after its approval 

by the President. 

0 
II I~ 111111/il)~i~lilW!lli ~/~iii/~ 11!1111111 

3 1262 08336 677 2 

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