NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FLORAL INDUSTRY 

AS SUBMITTED ON AUGUST 25, 1933 

REGISTRY No. 1622-05 

The Code for the Floral Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Ad.ministration 

as applying to this industry 

I A I O=-- -. -.... 

I "'---. 

U.!. DEP 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, \Vashington, D.C. - - - - - - - - Price 5 cents 

,/ 

TENTATIVE CODE OF FAIR COMPETITION OF THE FLORAL 

INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The term "President" means the President of the 

United States of America. 

SEc. 2. The term "Grower" means all persons and organizations 

engaged in the production of flowers and plants for sale. 

SEc. 3. The term "Wholesaler" means all dealers or growers in 

cut flowers, decorative greens. or pot plants and cooperative organizations who sell to others for the purpose of resale. 

SEc. ·4. The term "Commission Dealer" means all dealers in cut 

flowers, decorative greens, or pot plants who sell for others on a commission basis for resale. 

SEc. 5. The term "Retailer" means all persons and organizations 

engaged in the retail sales of flowers and plants whose income from 

sales shall be derived from retail flower transactions. 

SEc. 6. The term "National Florists' Council" means the National 

Florists' Council (as from time to time constituted) representative of 

the Floral industry. 

ARTICLE II-PURPOSE OF THE CODE 

SECTION 1. The purpose of the code is to effectuate the policy of 

Title I of the National Recovery Act in so far as it is applicable to 

the industry. . SEc. 2. It is the further purpose of the code to increase employment among the various Divisions of the Industry; to improve the 

standards of labor therein; to maintain and to establish standard 

methods of grading; to establish standard and controlled methods of 

marketing; to maintain a reasonable balance between the production 

and consumption of flowers; to prepare a plan off air practices between 

individuals and organizations in the industry; and to insure a fair 

return to all divisions of the industry in accordance with capital 

invested. 

ARTICLE III-MEMBERSHIP IN THE CODE 

SECTION 1. It is the intention of this code that all the members of the 

Industry which shall comply with the provisions of the code shall be 

entitled to participate in its benefits upon the terms and conditions 

set forth in the code. 

SEc. 2. Any member of the industry is eligible for membership in the 

code. 

SEc. 3. Rules and Regulations in respect to meetings of members 

of the code shall be prepared and promulgated by the National 

Florists' Council. 

816~33 (1) 
2 

RTICLE I - D 1I ISTRATIO OF THE CODE 

SECTIO 1. The administration of the code shall be under direction 

of the ational Florists Council, the membership of which shall 

consist of: 

(a) Three members (with one ote each) from the ational organization known as the Wholesale Commission Florists. 

(b) Three member (wi hone vote each) from the ational organization known as the Florists Telegraph Delivery ssociation, Inc. 

(c) Six members (with one half vote each) from the ational 

organization known as the Society of American Florists. 

(d) Two members at large in the industry (with one vote each) 

representing all other interests in the industry. 

SEc. 2. The ational Florists' Council shall be the general planning 

and coordinating agency for the industry. Its members, selected by 

the established divisions and from the industry at large, shall be 

empowered to act exclusively for the industry, having general powers 

and duties necessary for the administration under the ational 

Recovery Act and in addition thereto the full and specific powers set 

forth below: 

(a) To establish regional control boards in the various marketing 

areas, to consist of from one to three members in the discretion of the 

council, and to act in behalf of the council in investigation, report, and 

adjustment of violations occurring within the particular area. 

(b) The Council may delegate to any regional control board or 

committee the right to take testimony concerning any violation and 

make a recommendation to the ational Florists Council. 

(c) Any member of the indu try aggrie ed at an such recommendation may appear before the council at a properly designated 

time and place. The finding of the ational Florist ' Council is 

subject to review b the 9.dminis ra or under the ational Reco ery 

ct or to whome er hi power ma be designa_ted. 

(d) The ational Flori ts' Council ma on complaint of an parties 

or on it own initia ive make u h inquiry and inve igation into the 

operation of thi agreement as may be nece ary. 

(e) The council hall make all rule and regulation nece ary for 

the admini tration of this code including rules of fair practice within 

marketing area , standard methods of grading and marketing merchandise, and m~ from time to time require uch reports from 

divi ions as ma be nece sary to advi e it adequatel in the adminis- tration and enforcement of this agreement. 

(f) The council shall collect fund for i opera ion and maintenance 

from thee tabli hed division repre ented upon the council and from 

the member hip at large a follow : 

Grower _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a 3/ 11 part. 

Retailer --------------------------------------------------- a 3/ 11 part. 

Whole aler ------------------------------------------------ a 3/ 11 part. llied _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a 2/ 11 part. 

RTICLE -THE HouR OF LABOR, RATE OF PAY, A n OTHER 

ONDITIONS OF EMPLOYME T 

ECTIO 1. The chedule of hours of labor and rate of pay set 

forth herein shall appl in all ca e except where ea onal and, climatic 

or other ph sical factor affecting either growing or marketing condi ions hall make nece sary emplo ment in exces of the maximum 
3 

hours set forth herein; but in no instance shall the standard maximum 

hours be exceeded in the average employment for a period over six 

calendar months in any one year. The schedule of hours and rates 

of pay shall not apply to temporary employment in case of emergency. 

SEc. 2. Employees shall have the right to organize and bargain 

collectively through representatives of their own choosing and shall 

be free from interference, restraint, and coercion of employers of 

labor or other agents in the designation of such representatives, or 

in their concerted activities for the purpose of collective bargaining 

or other mutual aid or protection. 

SEc. 3. Employers of the industry shall comply with the schedule 

set forth herein of maximum hours of labor and minimum rates of pay 

and other conditions of employment approved or prescribed by the 

President. 

SEc. 4. The following schedule of maximum hours of labor shall 

apply in the industry throughout the United States: 

(a) The total number of hours of employment shall not exceed 

forty-eight (48) hours per week throughout the United States, subject 

to the necessity of seasonal employment set forth above. 

SEc. 5. The minimum rate of wages in the industry throughout the 

United States shall be as follows: 

(a) In the States east of the Mississippi River and south of the 

Mason Dixon line, twenty-five cents (25¢) per hour. 

(b) In the States east of the Mississippi and north of the Mason 

Dixon line, thirty cents (30¢) per hour. 

(c) In the States west of the Mississippi, except Louisiana, Oklahoma, Arkansas, Texas, New Mexico, and Arizona, thirty cents (30¢) 

per hour. 

(d) In the States of Louisiana, Oklahoma, Arkansas, Texas, New 

Mexico and Arizona, twenty-five cents (25 *) per hour. 

SEc. 6. No persons under the age of sixteen years shall be employed 

by any member of the industry. 

ARTICLE VI-FAIR PRACTICES AND CREDIT 

SECTION 1. Wholesale and Commission dealers shall make reports 

and returns at least once each month on all consignments. 

SEc. 2. Each natural marketing area through regional control 

boards or committees appointed by the council shall establish credit 

terms to florists in its locality based upon capital investment, general 

responsibility and paying experiences. 

SEc. 3. No member of the industry shall sell any flowers or potted 

plants to other members of the industry or to the trade which are not 

graded and marketed in accordance with the regulations of the 

National Florists' Council. 

SEc. 4. The following are declared to be unfair practices and unfair 

methods of competition for the purpose of the code and shall be 

deemed to be a violation of the code subject to the penalties thereto: 

(a) The granting of any rebate, premium, or concession for the 

purpose of securing business. This shall include the following: 

1. Payment of express charges on goods sold. 

2. Payment of the cost of telephone and telegraph communications. 

3. Payment of cost of packing boxes. 

4. Unwarranted discounts and delivery of larger amounts of goods 

than appear upon the order. 
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(b) Special understandings with customers relative to entry of 

orders immediately prior to general advances in price. 

(c) Selling of flowers or potted plants without regard to the grading · regulations set forth by the National Florists' Council. 

(d) Publication of any false, untrue, or deceptive statement by 

bulletin or advertising concerning the grade, quality, quantity, character, and nature of any flowers or potted plants kept for sale. 

(e) The improper marking or labelling of any flowers or potted 

plants for the purpose of misleading or deceiving purchasers. 

(f) Publication, dissemination, or circulation of any false or misleading information relative to any product of any member of the 

industry, or any misleading statement relative to the credit standing, 

or ability of any member of the industry to perform any work or 

produce any product. 

(g) Aiding or abetting any firm, association, or corporation in any 

unfair practice. 

(h) Inducing or attempting to induce by any means whatsoever 

the breach of existing contracts between competitors and their 

customers by false or deceptive means. 

ARTICLE VII-AMENDMENTS-TERMINATION 

SECTION 1. The code may be amended, modified, or revised by the 

National Florists' Council by and with the consent of the President 

whenever any such change shall be necessary. 

SEc. 2. The code shall continue in effect for a period of 90 days 

after the effective date of the code and thereafter until termination 

as hereinafter provided. This code shall cease to be in e:ff ect at the 

expiration of two years after date of the enactment of the National 

Recovery Act, or at any time before that date if the President of the 

United States shall by proclamation declare the emergency has ceased 

to exist. 

ARTICLE VIII-GENERAL PROVISIONS 

SECTION 1. No provisions in this agreement shall be interpreted 

or applied in such manner as to: 

(a) Promote monopolies. 

(b) Permit or encourage unfair competition. 

(c) Eliminate or oppress small enterprises. 

(d) Discriminate against small enterprises. SEc. 2. The effective date of this code shall be _______________ _ 

Submitted by the Floral Industries of The United States. 

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