Approved Code No. 84-Appendix No. 1 Registry No. 1122-22 

NATIONAL RECOVERY ADMINISTRATION 

CODE APPENDIX 

FOR THE 

FLY SWATTER 

MANUFACTURING INDUSTRY 

A 

U.i. 

(A Subdivision of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON SEPTEMBER 7, 1934 

1 

WE DO OUR PART 

I 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • • Price 5 cents 
This publkation is for sale by the Superintendent of Documents, Governm~nt 

Printing Office, Washington, D.C., and by distlict offices of the Bureau of 

Foreign and Domestic Commet·ce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, l\Iass. : 1801 Customhouse. 

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

Char:eston, S.C. : Chamber of Commerce Building, 

Chicago, Ill.: Suite 1106, 201 North Wells Street. 

Cleveland, Ohio: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Bui;ding. 

D etroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Bui:ding. 

Jacksonville, l!'la.: Chamber of Commerce Buildiu<;. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisvill e, Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, .1\linn. : 213 Federal Bui:ding. 

New Orleans, La. : Room 2:!5-A, Customhouse. 

New York, N.Y.: 73.1: Customhouse. Norfolk, Ya.: 406 East Plume Street. 

PhilaCelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commer ce Building. 

Portland, Ore"".: 21.3 New Post Office Building. 

St. Louis, l\fo.: 506 Olive Street. 

San Francisco, Ca:if. : 310 Customh u~e. 

Seattle, Wash.: 800 Federal Office Building. 
Approved Code No. 84-Appendix No. 1 

APPENDIX 

FOR THE 

FLY SWATTER MANUFACTURING INDUSTRY 

As Approved on September 7, 1934 

ORDER 

APPROVING APPENDIX FOR THE FLY SwATTER MANUFACTURING 

INDUSTRY 

A SUBDIVISION OF THE FABRICATED l\IETAL PRODUCTS MANUFACTURING 

AND METAL FINISHING AND METAL COATING 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, and in accordance with the 

provisions of Section 4 o:f Article IV of the Code of Fair Competition for the Fabricated ~!fetal Products Manufacturing and Metal 

Finishing and Metal Coating Industry, approved November 2, 1933, 

as amended June 1, 1934, for approval of Appendix No. 1 establishing trade practice provisions :for the Fly Swatter Manufacturing 

Subdivision of said Industry, and Notice of Opportunity to be H eard 

having been duly publicized, and· no objections having been received 

thereon; and the annexed report on said Appendix No. 1 to said 

Code, containing findings with respect thereto, having been made 

and directed to the President : 

NO\iV THEREFORE, on behalf o:f the President of the United 

States, i, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders o:f the 

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

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

annexed report and do find that said Appendix No. 1 to said Code 

complies in all respects with the pertinent provisions and will promote the policy and purposes o:f said Title o:f said Act; and do hereby 

order that said Appendix No. 1 of said Code of Fair Competition 

be and it is hereby approved; provided, however, that the provisions 

of Section 8, insofar as they prohibit allowances for advertising, be 

and they hereby are stayed pending my further order. 

HuGHS. JoHNsoN, 

Administrator for I ndustrial Recovery. 

Approval recommended : 

BARTON W. MuRRAY, 

Division Administrator. 

\VASHINGTON, D.C., 

pten~b r 7, 1934. 

84633°-1181-21-34 (1)' 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report on Appendix No. 1 to the Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal 

Finishing and ~fetal Coating Industry, approved on November 2, 

1933, and as amended on June 1, 1934. 

GENERAL STATEMENT 

The Fly Swatter Manufacturing Industry, being truly representative of this subdivision of the Fabricated Metal Products ~1anufacturing and Metal Finishing and ~1etal Coating Industry, has elected 

to avail itself of the option of operating under the Code for the 

Fabricated Metal Products Manufacturing and Metal Finishing and 

Metal Coatin~ Industry, as amended.~on June 1, 1934, with the assistance of additional fair trade practice provisions. 

RESUME OF THE APPENDIX 

Section 1 accurately defines the term " Fly Swatter Manufacturing 

Subdivision". 

Section 2 sets up a governing body consisting of members of the 

Subdivision. 

Section 3 provides for methods of setting up and revising price 

terms, and provides against actions which cause influences inconsistent with the maintenance of a free and open market. 

Section 4 provides against shipments on consignment, except 

under peculiar circumstances. Section 5 provides against sales with the privilege of return. 

Section 6 provides against sales of commodities other than products 

of this subdivision for the purpose of influencing a sale of a product 

of this subdivision at prices below the invoice price plus all incidental 

costs of such products. 

Section 7 provides against the giving of prizes or gifts by any 

scheme which involves lottery, misrepresentation or fraud. 

Section 8 provides against allowances for special sales, special 

swatters or for advertising. 

Section 9 provides against the use of premiums which involve 

commercial bribery, lottery in any form, misrepresentation, fraud or 

deception in any form, and discrimination as between customers of 

the same class or same trade area. 

Section 10 provides against the distribution of samples unless 

charged for at not below regular jobbing prices plus transportation 

charges. 

Section 11 sets up rates of sales discounts for the products of the 

subdivision, and provides for post-dating of orders shipped during 

the first quarter of the year. 

(2) 
3 

Section 12 provides against guarantees or protection against market decline. 

Section 13 provides against the employment of a salesman or distributor who is employed by or associated with (on a salary or 

other compensation basis) trade buyers, buying groups or jobbers 

who deal in fly swatters. 

Section 14 states the effective date of the Appendix. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Appendix No. 1 to said Code having found as herein set forth 

and on the basis of all the proceedings in this matter: 

I find that: 

(a) Said Appendix No. 1 to said Code is well designed to promote 

the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow o:f 

interstate and foreign commerce which tend to diminish the amount 

thereof and will provide for the general -welfare by promoting the 

organization of industry for the purpose of cooperative action among 

the trade groups, by inducing and maintaining united action of labor 

and management under adequate governmental sanctions and super- vision, by eliminating unfa1r competitive praetices, by promoting 

the fullest possible utilization of the present productive capacity of 

industries, by avoiding undue restriction of production (except as 

may be temporarily required), 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) Said industry normally employs not more than 50,000 employees; and is not classified by me as a m~jor industry. 

(c) The Appendix No. 1 to said Code as approved complies in 

all respects with the pertinent provisions of said Title of said Act, 

including without limitation Subsection (a) of Section 3, Subsection 

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

that the applicant association is an association truly representative 

of the aforesaid Industry; and that said association imposes no 

ineqi1itable restrictions on admission to membership therein. 

(d) The Appendix No.1 to said Code is not designed to and will 

not permit monopolies or monopolistic practices. 

(e) The Appendix No. 1 to said Code is not designed to and will 

not eliminate or oppress small enterprises and will not operate to 

discriminate against them. 

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

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

said Appendix No.1 of said Code. 

For these reasons, therefore, I have approved this Appendix No. 1 

of said Code. 

Respectfully, 

SEPTEMBER 7, 1934. 

HuGH S. JOHNSoN, 

Administrator. 
CODE APPENDIX FOR THE FLY SWATTER 

MANUFACTURING INDUSTRY 

A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING 

AND METAL FINISHING AND METAL CoATING INDUSTRY 

Pursuant to Section 4 of Article IV, as amended on June 1, 1934, 

of this Code the following are established as additional trade practice provisions and any member of the Fly Swatter Subdivision who 

directly or indirectly through any officer, employer, agent or representative violates or evades any of these trade practice provisions 

shall be guilty of violation of this Code : 

SECTION 1. The term "Fly Swatter Manufacturing Subdivision" 

is defined to mean and include the manufacture for sale of fly 

swatters. 

SECTION 2. The members of this subdivision shall set up a governing body consisting of as many members as may be determined by 

and in a manner satisfactory to the Code Authority or the Administrator. 

SECTION 3. (a) Each member of the subdivision shall file with a 

confidential and disint~rested agent of the governing body or, if 

uone, then with such an agent designated by the Code Authority 

subject to the disapproval of the Administrator, identified lists of all 

his prices, discounts, rebates, allowances, and all other terms or 

conditions of sale includino- premiums, hereinafter in this Article 

referred to as price terms which lists shall com12letely and accurately 

conform to and represent the individual pric1ng practices of said 

member. Such lists shall contain the price terms for all such standard products of the subdivision as are sold or offered for sale by said 

member and for such non-standard products of said member as 

~hall be designated by the governing body. Said price terms shall 

in the first instance be filed within twenty days after the date of 

approval of this provision. Price terms and revised price terms sha~l become effective immediately upon receipt thereof by said 

agent. Immediately upon receipt thereof, said agent shall by telegraph or other equally prompt means notify said member of the 

time of such receipt. Such lists and revisions, together with the 

effective time thereof, shall upon receipt be immediately and simultaneously di tributed to all members of the subdivision and to all 

of their customers who have applied therefor and have offered to 

defray the cost actually incurred by the governing body in the 

preparation and distribution thereof and be available for inspection by any of their customers at the office of such agent. Said lists 

or revisions or any part thereof shall not be made available to any 

person until released to all members of the subdivision and their 

customers, as aforesaid; provided, that prices filed in the first instance shall not be released until the expiration of the aforesaid 

(4) 
5 

twenty-day period after the approval of this provision. The governing body shall maintain a permanent file of all price terins filed 

as herein provided, and shall not destroy any part of such records 

except upon written consent of the Administrator. Upon request 

the governing body shall furnish to the Administrator or any duly 

designated agent of the Administrator copies of any such lists or 

revi ions of price terms. 

(b) 'Vhen any member of the subdivision has filed any revision, 

such member shall not file a higher price within forty-eight hours. 

(c) No member of the subdivision shall sell or offer to sell any 

products of the subdivision for which price terms have been filed 

pursuant to the requirements of this provision, except in accordance 

with such price terms. 

(d) No member of the subdivision shall enter into any agreement, 

understanding, combination or conspiracy to fix or maintain price 

terms, nor cause or attempt to cause any member of the subdivision 

to change his price terms by the use of intimidation, coercion, or 

any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this provision to create. 

SECTION 4. No member of the subdivision shall ship goods on con- signment except under circumstances to be defined by the governing 

body and approved by the Administrator, where peculiar circumstances of the subdivision require the practice. 

SECTION 5. No member of the subdivision shall sell or offer to 

sell any products of the subdivision with the privilege of return, 

nor accept the return of any products of the subdivision delivered 

on a bona fide order, provided, however, that the provisions of this 

section shall not apply to sales or deliveries of goods which are defective, or not in accord with the specifications of the order under 

which they were sold and delivered, or other conditions where the 

member of the subdivision is at fault. 

SECTION 6. No member of the subdivision shall sell or offer to sell 

commodities other than products of this subdivision for the purpo:;~ 

of influencing a sale of a product of this subdivision at prices below 

the invoice price plus all incidental costs of such products. If and 

when the products of this subdivision are sold in combination with 

products of other industries, the invoice must clearly show the unit 

price for each article listed. 

SECTION 7. No member of the subdivision shall offer or give prizes 

or gifts in connection with the sale or exchange of products of this 

subdivision or as an inducement thereto, by any scheme which involves lottery, misrepresentation or fraud. 

SECTION 8. No member of the subdivision hall make allowances lo 

customers in any form for special sales, or make allowances for 

special swatters, and special or extraordinary sales event , or make 

allowances for advertising. 

SECTION 9. No member of the subdivision shall use premiums in 

the following ways: 

(a) In any way which will involve commercial bribery in any 

form. 

(b) In a way which involves lottery in any form. The term 

"lottery" shall be construed to include, but without limitation, any 

plan or arrangement whereby the premiums offered differ substan-
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tially in value from customer to customer of the same class, except 

as a result of differences in quantities purchased. 

(c) In ways which involve misrepresentation, or fraud or deception in any form including, but without limitation, the use of the 

words "free", "gift", "gratuity" or language of similar import in 

connection with giving of premiums for the purpose or with the 

effect of misleading or deceiving customers. 

(d) The giving of premiums to any customer when such premiums 

are not offered to all customers of the same class, in the same trade 

area. 

SECTION 10. No member of the subdivision shall distribute samples 

to jobbers for the use of their salesmen unless charged for at not 

below regular jobbing prices plus transportation charges. 

SECTION 11. No member of the subdivision shall allow a discount 

for cash greater than 2% in ten days from date of shipment. Orders 

received for shipment during January, February and March may 

be given :May 1 dating, provided customer permits shipment at the 

seller's convenience during the period from January 1 to April 1. 

A pre-payment discount on such shipments may be allowed at a rate 

not to exceed 6% per annum. 

SECTION 12. No member of the subdivision shall make or give 

to any purchaser of fly swatters, any guarantee or protection against 

decline in the market of such products. 

SECTION 13. No member of the subdivision shall employ as a salesman, broker, agent or distributor any person who is directly or 

indirectly employed by or associated with any trade buyer, or group 

of buyers, or so-called syndicate of wholesale grocers, or other jobbers 

(any of whom deal in fly swatters)! em a salary or any other compensation basis. 

SECTION. 14. This Appendix shall become effective ten (10) days 

after its approval by the Administrator. 

Approved Code No. 84-Appendix No. 1. 

Registry No. 1122-22. 

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