Registry No. 1617-07 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

DENTAL TRADE INDUSTRY 

AS SUBMITTED ON AUGUST 23, 1933 

WE DO OUR PART 

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The Code for the Dental Trade Industry 

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

industry, and none of the provisions contained therein are 

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to be regarded as having received the approval of 

the National Recovery Administration 

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as plying to this industry 

UNITED STATES 

GOVE NMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of l><Kuments, Washington, D.C. - - - - - • • - Price 5 cents 

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SUBMITTED BY 

AMERICAN DENTAL TRADE ASSOCIATION 
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CODE OF FAIR COMPETITION FOR THE DENTAL TRADE 

TO BE PRESENTED BEFORE THE NATIONAL RECOVERY ADMINISTRATION UNDER THE PROVISIONS OF THE NATIONAL INDUSTRIAL 

RECOVERY ACT 

To the President of the United States: 

Comes now the Dental Trade by the American Dental Trade 

Association, 1010 Vermont Avenue, Washington, D. C., and makes 

application for approval of a code of fair competition for such trade 

under the provisions and subject to the limitations and requirements 

of the National Industrial Recovery Act, Public No. 67, approved 

June 16, 1933, and respectfully shows: 

1. That American Dental Trade Association is an association 

con1posed of manufacturers, dealers, and fabricators of dental goods, 

organized and in existence for more than fifty years and representing 

in its membership a preponderant interest of all tho e engaged in 

such trade. 

2. That the American Dental Trade Association imposes no 

inequitable restrictions on admission to membership therein and is 

truly representative of the Dental Trade. 

3. That the code herewith submitted is not designed to promote 

monopolies, or to eliminate and suppress small enterprises, and will 

not operate to discriminate against them and will tend to effectuate 

the policy of the mentioned Act. 

4. That such code will not permit monopolies or monopolistic 

practices. 

The American Dental Trade Association prays approval of this 

code of fair competition as the code of the Dental Trade. 

APPLICATION 

This Code and its appropriate sections shall apply to manufacturers and dealers making and/or selling dental equipment, material, 

or supplies. 

GENERAL PROVISIONS 

SECTION 1. No one shall use any subterfuge to frustrate the spirit 

and intent of this code. 

SEc. 2. The President may from time to time cancel or modify any 

order, approval, rule, or regulation issued under this code. 

ARTICLE I-LABOR AND w AGE PROVISIONS 

SECTION 1. That employees shall have the right to organize and 

bargain collectively through representatives of their own choosing, 

and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self organization or in any other concerted activities for 

the purpose of collective bargaining or other mutual aid or protection; 

10222-33 ( 1 ) 
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SEc. 2. That no employee and no one eekino- employment shall 

be required a a condition of employment to join any ompany union 

or to refrain from joining, organizing, or a sisting a labor organization 

of his own choosing; 

EC. 3. That en1ployers shall comply with the max:imUin hour of 

labor, minimum rates of pay, and other condition of employment 

approved or prescribed by the President; 

SEc. 4. That employers shall: 

(1 Y ot employ any per on under 16 years of age . (2) Not work any accounting, clerical, office, service, or sale m- ployee (except outside representatives) in any tore, office, department, establishment., or any automotive or horse-drawn pussenger, 

delivery, or freight service or in any oth r place or_manner for n1ore 

than 40 hom·s in any one week. 

(3) Establish a factory ma,xiinum worl ing schedule for all me- chanical workers and artisans not to exceed 40 hour per week. 

(4) The maximum hours fL··rnd in the foregoing paragraph (2) and 

(3) shall not apply to employees in a 1nanagerial or executive capacity 

who now receive more than thirty-five dollars per week; nor to em- ployees on emergency, maintenance, installation, or repair work; nor 

to employees listed as watchmen, stationary engineer , and :firenien. 

In very special cases where restrictions of hours of highly killed 

workers on continuous processes would unavoidably reduc production, at least time and one-third shall be paid for hours work d in 

excess of the maximum. 

(5) Pay any of the classes of employees mentioned in paragraph 

(2) except messengers and inexperienced office assistants no less than 

$15.00 per week in any city of over 500,000 pupulation, or in the 

immediate trade area of such city; nor less than $14.50 per week in 

any city of between 250,000 and 500,000 population, or in the iinmediate trade area of such city; and in towns of less than 250,000, 

increase all wages by not less than 20%, provided that this increase 

shall not require wages in excess of $12.00 per week nor in excess of 

wages paid for similar work on July 15, 1929. Messengers and 

inexperienced office assistants shall be paid no less than $10.00 per 

week. 

(6) Pay to any factory employee of the classes mentioned in para- graph (3), except operators under eighteen years of age or with less 

than six months' experience, no less than 35 cents per hour unless the 

hourly rate for the same class of work on July 15, 1929, was less than 

35 cents per hour, in which latter case pay no les than the hourly 

rate on July 15, 1929, and in no event less than 30 cents per hoY.r. 

Operators under eighteen years of age or with less than six months' 

experience shall be paid no less than 25 cents per hour. This para- graph establishes a guaranteed minimum rate of pa -, regardles of 

whether the employee is compensated on the basis of a. time rate or 

piece, ork perforn1ance. 

(7) ot reduce the rate of compensation for employment IlO\V in 

excess of the 1ninimun1 rates of wages. 

( ) The pro-dsions of all state and n'lunicipal laws regulating employment shall be strictly observed. 
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ARTICLE II-UNFAIR COMPETITION 

The following are unfair methods of competition: 

SECTION 1. Cost.-The sale of goods or supplying of services in 

connection therewith below cost, as ascertained in accordance with 

approved accounting methods. 

SEc. 2. Cash Discounts.-

(a) Cash discounts exceeding those established by the manufacturer 

in his printed price list. · 

(b) Discounts in excess of 2% for cash on sales by dealer, of $100.00 

or over, where delivery is made at one time, or on deposit accounts of 

$100.00 or over. 

SEc. 3. Advance Dating.-

(a) Advance dating or post dating on the snJe of any equipment, 

material, or supplies more than five days beyond or before date of 

delivery. 

(b) Shipment of equipment that has been sold on a conditional sales 

contract basis until full initial payment is made. 

SEc. 4. Special Allowances.-The giving of special discounts or 

special allowances as between purchasers to induce any purchaser to 

give preference to a given seller, or product, or by purchase or substitution of stock for that of a competitor; or allowance above scrap 

market price for precious metals, or special allowance or merchandise 

sold or supplied in exchange therefor. 

SEc. 5. Equipment Allowance.-The allowance on ''used'' equipment as part payment on the sale of new equipment in excess of the 

reasonable market value of such used equipment based upon recommended used equipment appraisals. 

SEc. 6. Consignment or Trial.-(a) Consignment of equipment by 

manufacturers to customers, excepting that each manufacturer may 

supply one x-ray to each dental college for demonstration purposes. 

(b) Placing of equipment on trial. 

(c) Consignment of goods to dentist or laboratory. 

(d) The consignment of stocks of precious metals for use in 

dentistry. 

SEc. 7. Deferred Payments.-Deferred payments on equipment 

in excess of thirty-six 1nonths. 

SEc. 8. Guarantees.-The guarantee of any product against inherent 

defects in workmanship or materials for a period exceeding one year. 

SEc. 9. Jobbing.-The unauthorized jobbing of dental goods, materials, and supplies. 

SEc. 10. Misrepre...,entation of a competitor or a competitor's 

product. 

SEc. 11. Equipment Contract Sales. 

(a) The first payment shall be at least 2.5% of the total amount of 

the contract, except on new x-ray machines and tubes on which the 

initial payment c,hould be at least $100.00. 

Second-hand good.s up to the amount of 10% of the total amount 

of the contract may be accepted as part of the initial payment, and 

may be for more, in which case the cash payment should be at least 

15% of the tot al amount of the contract. The minimum cash pay- ment on new x-ray contracts should be $100.00 regardle s of whether 

second hand goods are accepted. 
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(b) A charge at the rate of 6% per year on the full amount of the 

unpaid balance to cover interest, in urance and firnrn ing charges to 

be added to the contra t and qually di .. tributcd in the monthly 

payment~ for the period of the con ract. 

(c) The period of the contract not to exceed thirty-~ix month and 

ten dollars per month to b the minimum payment. 

(d) Ten dollars to be the minimum payment on any original 

con ract. 

(e) upplen1ental contra ts when made with a u tonier who is 

already on contract with the same dealer the fir t pa ment hall be 

at least 25% and a charge at the rate of 6% per year on the full 

amount of the unpaid balance to be added to the contract and equally 

distributed in the n10nthly payment for the period of the contract, 

five dollar per month to be the minimum payments. 

(f) All deferred pa.yn1ents if not paid at maturity hall bear interest 

at the miniinum rate of 6% from the date of maturity to the date of 

payment. 

(g) Sundry merchandi e not to exceed 10% may be included in 

equipment contracts with a limit of $175.00. 

SEc . 12. Dealer Terms of Credit: 

(a) Regular accounts on goods sold by dealer should be due and 

payable on the 10th of the following month. Terms hould not exceed 60 days. 

(b) Terms on volume sales of merchandise on the deferred pay1nent 

plan, and tooth sales in $100.00, $300.00, and 500.00 lots should not 

exceed ten months ,;i.rith a minimum monthly payment of $10.00. 

SEc. 13. Changes in Prices and Terms.-1lanufacturer in the 

Dental Trade shall file in the office of the Agency of Admini tration 

at v\r a bington a complete price list of their product , with prices, 

discounts, and terms to all classes of cu tomers, al o any addition or 

change to their lines, or changes in prices or tern1s on or before the 

effective date thereof. 

AGENCY OF ADl\H ISTRATION 

The American Dental Trade Association, 1010 Yermont Avenue, 

Washington, D .C., is hereby constituted the agency of the Pre ident 

under the upervision of the National Recovery Administration for 

carrying out the provisions of this code and to effectuate the policy 

contemplated by the National Industrial Recovery Act, and to this 

end it i authorized: 

1. To establi h, without expense to the United tate of America, 

all such tati tical, accounting, and other ervices as may be reasonably proper and necessary to effectuate the policy of the ational 

Industrial Recovery Act, and the provisions of this code, and apportion the co t thereof to the trade and with the approval of the President, may alter or amend ·the same from time to time as experience 

may ju tify. 

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UNIVERSITY OF FLORIDA 

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