Approved Code No. 29-Amendment No.1 Registry No. 1603-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO, 

CODE OF FAIR COMPETITION 

FOR THE 

ARTIFICIAL FLOWER 

AND FEATHER INDUSTRY 

AS APPROVED ON AUGUST 14, 1934 

WE DO OUR PART 

UN\'J. oP·f\. L& 

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u.s. DEp()MlOIW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 29-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ARTIFICIAL FLOWER AND FEATHER INDUSTRY 

As Approved on August 14, 1934 

ORDER 

APPROVING Al\fENDMENTS TO AND AI'trENDED CoDE OF FAIR Co1\IPETITION 

Fon THE ARTIFICIAL FLOWER AND FEATHER INDUSTRY 

An application having been duly made fursuant to and in full 

compliance with the provisions of Title I o theN ational Industrial 

Recovery Act, approved June 16 1933 for approval of amendments 

to and an amended Code of Fair Competition for the Artificial 

Flower and Feather Industry, and hearings having been duly held 

thereon and the annexed report on said amendments, containing 

findings with respect thereto, having been made and directed to the 

President: 

NO,iV, THEREFORE, on behalf of the President of the United 

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

pursuant to authority vested in me by Executive Orders of 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 amendments and the 

Code as constituted after being amended comply in all respects 

with the pertinent provisions and will promote the policy and 

purposes of said Title of said Act, and do hereby order that said 

amendments be and they are hereby approved, and that the previous 

approval of said Code is hereby modified to include an approval of 

said Code in its entirety as amended subject to the following 

condition: 

THAT, the Administrator shall forthwith appoint a commission 

of three consisting of one representative of employers and one representative of employees, with an impartial Chairman, which commission shall undertake a study of conditions within the Industry 

with respect to the hours and wages of employees, and particularly 

with respect to the provisions of the Code which regulate the employment of learners in the Industry, in order to make recommendations 

for such modifications of the amended Code as are necessary for the 

effective control of learners, the learning period, and the percent:rge 

of learners necessary for the Industry, in order to effectuate the pol806080----1044-78----34 (1) 
2 

icies of the Act. The Labor member o:£ this comm1ss1on shall be 

nominated by the Labor Advisory Board o:£ the National Recovery 

Administration, and the Industry member o:£ this commission shall 

be nominated by the Code Authority; the impartial Chairman shall 

be nominated by the Labor member and the Industry member o:£ this 

commission; provided, however, that upon :failure o:£ these two members to agree upon an impartial Chairman within ten (10) days :followin~ their appointment, the Administrator shall appoint an 

impartial Chairman o:£ his own choosing. 

The recommendations o:£ this commission shall be made prior to 

December 31, 1934, and upon approval by the Administrator, either 

in their original or modified :form, after such hearing and notice 

as he may specify, such recommendations either in their original 

or modified :form shall become a part o:£ this amended Code. 

HuGH S. JoHNSoN, 

Administrator for Industrial Recovery. 

Approval Recommended : 

WILLIAM P. FARNSWORTH, . 

Acting Division Administrator. 

w .ASHINGTON, D.C., 

August 14, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lY hite House. 

Srn: The Public Hearing for the purpose of amendin<Y and modifying the Code of Fair Competition for the Artificial Flower and 

Feather Industry as proposed by the Code Authority, was conducted 

in the Ambassador Hotel, \Vashington, D. C., on 1\Iarch 24, 1934. 

Every person "\\ho requested an appearance was fairly heard in 

accordance with the regulations of the National Recovery Administration. The amended Code has the approYal of the Industrial and 

Labor Advisory Boards: the Legal Di, ision and the Division of Research and Planning of the National RecoYery Administration. The 

Consumers' Advisory Board has -withdra"\\·n its advisory serYice with 

respect to this Code in order to give it more time and energy for 

the consideration of Codes and Code provisions which are from its 

standpoint, more important to the consumers of the country. The 

Code Authority, on behalf of the Industry, has also given its 

approval to the final draft of the Code. 

The Industry as de.fined in the amended Code, includes the manufacture in whole or in part, assembling, importing, "\\holesale distributing, and sale of "Artificial FlmYer and Feather products", to 

be used for decorative, ornamental, andjor trimming purposes. 

RESUME OF THE AMENDED CODE 

Article I gives the purpose of the Code. 

Article II sets forth certain definitions. 

Article III contains the maximum hour provisions of the Code. 

Article IV establishes the minimum wage for employees in the 

Industry. 

Article V sets forth general labor provisions. 

Article VI provides for the organization and constitution of the 

Code Authority and defines is powers and duties. 

Article VII sets forth trade practice rules. 

Article VIII provides for a free and open market and prohibits 

conspiracies to maintain prices. 

Article IX regulates price cutting. 

Article X provides for modification of the Code. 

Article XI prohibits monopolies. 

Article XII is on price increases. 

Article XIII specifies the e:ffecti ve date. 

FINDINGS 

"The Deputy Administrator in his final report to me on sa1d 

amended Code having found as herein set forth and on the basis of 

all the proceedings in this matter; 

(3) 
4 

" I find that: 

" (a) Said amended Code is well designed to promote the policies 

and purposes of Title I of the National Industrial Recovery Act 

Including removel of obstructions to the free flow of 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 trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanctions and supervision, 

by eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the present productive capacity of industries, 

by avoiding undue restriction of production (except as n1ay 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) The amended Code as approved complies in all respects with 

the pertinent provisions of said Title of said Act, includin~ without 

limitation Subsection (a) of Section 3, Subsection (a) of be.ction 7, 

and Subsection (b) of Section 10 thereof; and that the Code Author- ity is truly representative of the aforesaid Industry. 

" (c) The amended Code is not desjgned to and will not permit 

monopolies or monopolistic practices. 

" (d) The amended Code is not designed to and will not eliminate 

or oppress small enterprises and will not operate to discriminate 

against them. 

" (e) Those enaaged in other steps of the economic process have 

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

amended Code." 

For these reasons the amended Code has been approved. 

Respectfully, 

AuGusT 14, 1934. 

HuGH S. JoHNSoN, 

Administrator. 
AMENDED CODE OF FAIR COMPETITION FOR THE 

ARTIFICIAL FLOvVER AND FEATHER INDUSTRY 

The Code of Fair Competition for the Artificial Flower and 

Feather Industry, as approved on September 7, 1933, is hereby 

amended to read as follows : 

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 Artificial Flower and Feather Industry, 

and shall be binding upon every member thereof. 

ARTICLE II-DEFI~ITIONS 

1. The term "Industry" as used herein includes the manufacture 

in whole or in part, assembling, importing, wholesale distributing, 

and sale of "artificial flower and featherJJroducts ",as defined herein, 

to be used for decorative, ornamental, an f or trin1ming purposes, and 

such other branches and sul::>divisions of the said Industry which 

may from time to time be included by the Administrator under the 

provisions of this Code. 

2. The term "Artificial Flower and Feather Products" as used 

herein means and includes artificial flowers, leaves, and parts thereof; 

artificial fruits; artificial plants, and parts thereof; prepared plants 

and other botanical products, and parts thereof; and feathers, crude 

and/or manufactured. 

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

person engaged in any phase of the Industry in any capacity receiving compensation for his services, irrespective of the nature or method 

of payment of such compensation, including members of a co-partnership or a firm, or an officer, director or stockholder of a corporation 

doing the work of an employee. 

4. The term " employer " as used herein means and includes anyone 

by whom any such employee is compensated or employed. 

5. The term "member of the Industry" as used herein means and 

includes any person, firm, co-partnership or corporation or other 

form of enterprise exclusively or in part engaged in the Industry, 

either as an employer or on his, their or its own behalf, as a manufacturer, jobber, importer, or contractor, and including, but without 

limitation, any selling organization wholly or partially owned or 

directly or indirectly controlled by any member of the Industry as 

above defined. 

6. The term " contractor " as used herein means and includes any 

person, firm, or corporation or other form of enterprise, employing 

manufacturing labor, who manufactures or produces in whole or in 

part for the account of another, any of the products enumerated 

(5) 
6 

above and/or any part thereof that may be necessary to finish or 

complete any o:f said products. 

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

herein shall mean r espectively the President o:f the United States, 

Title I o:f the National Industrial Recovery Act and the Administrator :for Industrial Recovery. 

7. "Prepared plants" and "botanical products" as used herein 

mean and include natural plants and/ or parts thereof used in 

their natural state andj or which have been treated, preserved, 

colored, fashioned and/ or put into form :for decorative uses and 

purposes. 

ARTICLE III-Ho-cRs OF LABOR 

1. Except as hereinafter provided, no employee shall be permitted to work in excess of forty ( 40) hours in any one week nor 

in excess o:f eight (8) hours in any one day period, nor in excess 

o:f five (5) days in any seven (7) day period. 

a. In the " prepared plants " and other "botanical products " 

branches o:f the Industry, employees may be permitted to work six 

(6) days in any seven (7) day period and/or t~m (10) hours in any 

twenty-tour (24) hour period, provided, however, that in no event 

shall employees be permitted to work in excess o:f :forty ( 40) hours 

in any one week as provided for above; and provided :further that 

i:f an emergency exists in which the product may deteriorate or be 

destroyed while in a perishable condition, such employee may be 

pennitted to work in e~cess o:f ten (10) hours in any one day for 

the purpose o:f processing said perishaole product into a non-perishable condition, provided that they are paid at the rate of not less 

than time and one-third of the normal rate o:f pay for all hours 

worked in excess of ten (10) hours in any one day. 

b. Watchmen, guards, engineers, firemen and employees engaged 

in maintenance or repair work, clerical or office work, and members 

of shipping crews shall not be permitted to work in excess of fortytour ( 44) hours in any one week nor in excess of nine ( 9) hours in 

any twenty-four (24) hour period, nor in excess of six (6) days in 

any seven (7) day period. 

2. The Code Authority, with the approval o£ the Administrator, 

may establish such shorter maximum work week than the foregoing 

as may be required to further effectuate the purposes o:f the Act. 

3. E xcept as hereinbe:fore and hereinafter provided, no overtime 

whatsoever shall be permitted in the manufacture, production, assembling or finishing of products manu:factured by the Industry. 

Any member of the Industry may apply to the Industrial Relations 

Committee of the Code Authority :for certification of compliance 

with all .r-ules and regulations governing the need of employment of 

emergency or overtime workers due to shortage of workers. Upon 

such certification of compliance and upon favorable r ecommendation 

of such Industrial Relations Committee, the Code Authority may, 

subj ect to the disapproval of the Administrator, permit employment 

for overtime work. In no event, however, shall any employee be 

permitted to work in excess of five hours per week overtime, nor shall 

any overtime be permitted during more than :fourteen (14) weeks 

in any twelve months period, nor in any market or locality in which 

there does not exist an actual shortage o:f available workers. Rates 
7 

of pay for such overtime work as may be permitted shall be not less 

tha.n 1 and 1f 3 time the normal rate of pay. Subj c to review by 

the Administrator, th C de Authorit} may pre cribe additional 

rule and regulation.· c ncerning overtim mploymcnt onsistent 

herewith. 

4. No member of lhe In(1u try ha 11 1 n ,vjngly permit any emplo ·ee to \"Vork for any time whi ·h, -n-hen ad 1 c1 to the tim pent 

at work for anoth l' member or members o-f the In lustr-y, exceed · 

the maximum 1 ermittc 1 hen•in. 

5. Tho provi. ion of thi Article shall al ·o uppl) to all employer 

in ofar a · the~ themselves perform the \York of craft men. 

6. The pro i. ions of this Article . hall not apply to outside 

ale men. 

7. Each member of the Industry shall administer work in his 

charge o as to provid the maximum continuity of employment 

practicable :for his per onnel. The Code Authority shall ubmit to 

the Administrator, a.· hereinafter I rovided, a plan for the regulation and tnbilization of employment in thi Indu try. 

ARTICLE IV-RATES OF pAY 

1. Except a hereinafter provided, no employee shall be paid les 

than a minimum rate of fifteen ($15.00) dollars per week of forty 

( 40) hour. ; provi led, however, that each employee who is permitted 

to \York in exce of forty ( 40) hour per week in acnorclance with 

the pro vi ions of Section 1 (b) of Article III shall not be pai l le ·s 

than the normal rate of pay for such hours worked in excess of for y 

( 40) in any one week. 

2. Learners may be aid not less than $9.00 per week of 40 hours 

for th first three months of employment, and not le s than $13.00 

for the next nine months of employment, after which period of 

t-n-el\e month employee shall be paid not le s than the minimum 

of $15.00 per w ek of 40 hours. 

a. If the operation at which any Learner is engaged during the 

first three (3) month of hi employment ha a piece·work rate and 

the amount earned at uch rate is in excess of the rate of nine ($9.00) 

dollars per week of forty hours, such Learner shall be pail at such 

piecework rate ; and if the operation at which any Learner i en- gaged during he succeeding nine (9) months of his employment has 

a piecework rate and the amount earned at uch rate is in excess of 

the rate of thirteen ($13.00) lollars per week of forty ( 40) hours, 

such Learner hall be paid at uch piecework rate. 

b. Any time worke l by a learner in the Indu try shall be deemed a 

part of uch apprenticeship period, whether such time i worke 1 

continuou ly or in more than one shop, or for more than one employer or nt more than one kind of operation in the same sub livision 

of the Industry. 

c. The number of Learners engaged by any one employer shall at 

no time e:s:cee :l twenty-five (2w% ) percent of the total number of 

employee engaged by such employer, except that for a, period 

be.ginning July 1st an 1 endino· December 31, 1934, an additional 

twenty-five (25 ) percent of the total number of e1 ployees may 

be employed. 

8060 °-lOH-78-34-2 
8 

3. A person whose earning capacity is limited because of age, phys- ical or mental handicap, or other infirmity, may be employed on 

light work at a wage below the n1inimum established by this Code, 

if the employer obtains from the state authority, designated by the 

United States Departm"'nt of Labor, a certificate authorizing such 

person's employment at such wages and for such hours as shall be 

stated in the certificate. Such authority shall be guided by the 

instructions of the U nitec1 States Department of Labor in i suing 

certificates to such persons. Each Employer shall fil monthly with 

the Code Authority, a list of all such persons employed by him, 

showing the wao·es paid to, an l the maximum hours of work for 

such employee. 

4. This Article establishes minimum rates of pay which shall apply 

irresp ctive of wheth er or not an mnployee is compensated on a time 

rate or other basis! and the Code Authority shall at times specified 

by the Administrator, in·vestigate and report on the effect of such 

rates of pay on fair competition in the Industry, and the continuance of such rates of pay, as minimum rates of pay only. 

5. No employer shall make any reduction in the ful-l time weekly 

earnings of any employee whose normal full time weekly hours are 

reduced by twenty per'cent (20%·), or less, below those existing for 

the four w~=>eks ending July 1, 1933. When the normal full time 

weekly hours of an employee are reduced by more than said per- cent, the full time weekly wage of such employee shall not be re- duced by more than one-half of the percentage of hour reductions 

above said percent. In no event shall honrly rates of pay be reduced, irrespective of whether compensation is actually paid on an 

hourly, weekly, or other basis, nor shall any wages be at less than 

the minimum rate herein provide l. 

\iVithin thirty ( 30) day of the effective date hereof, (unless such 

adjustment has been made theretofore) each employer shall adjust 

the schedule of wages of his employees in such an equitable manner 

as will confonn to the provisions hereinabove set forth, and still 

preserve wage differential reasonably proportionate to those in 

effect prior to the effective elate of this Code. 

6. Female employeos performing substantially the san1e work as 

male employees shall r eceive the same rate of pay as male 

employees. 

7. No employer shall reclas ify employees or duties of occuputions performecl or engage in any ubterfuge so as to defeat the 

provisions of the Act or of this Code. 

ARTICLE V - GEWERAL L ABOR PnonsmNs 

1. No person under sixteen (1G) years of age shall be employed 

i..'l th Industry in any capacity. In any state, any employer shall 

be deemed to have complied with this provision a to age, if he 

shall have on file a certificate or permit, duly signed by the authority 

in such state empowered to issue emplopnent or age certificate or 

permits showing that the employee i of the required age. (a) No person under eighteen (18) year of age shall be employed 

at operations or occupation , if any, which are·hazardous in nature 

or detrimental to health . The Code Authority shall submit to the 
9 

Administrator within ninety (90) days of the effective date of this 

amendm_ent a list of all such operations or occupations. 

2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall 

be free from the interfer nee, restraint, or coercion of employers of 

labor, or their ug nts, in the designation of such repre entatives or 

in self-organization or in other concerted activities for the purpose 

of collective bargainino· or other mutual ail or protection. 

3. No employee and no one seeking employn1ent shall be required 

as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of 

his own choosing ; and 

4. Employers shall comply with the ma:xinnun hours of labor, 

minimum_ rate · of pay, and other conditions of employment, ap- proved or prescribed by the President. 

5. Every employer shall provide for the safety and health of his 

employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within six ( 6) months of the effective elate of this amendment. 

6. No manufacturing, assembling, or production work shall be 

performed nor be contr-acted for performance in any home, nor in 

any part of the living quarters of any employee or other person, 

except in accordance with the provisions of the Executive Order 

of the President, dated ~lay 15, 1934. 

V. No provisions of this Code shall supersede any law within any 

state which imposes more stringent requirement on employers as to 

age of employees, wages, hours of work, or as to safety, health, or 

sanitary regulations, or i1rurance, or fire protection, or general 

working conditions, than are impo eel by this code. 

8. All employers shall post and keep posted, copies of the labor 

provisions of thi Code in conspicuous places, aece c·ible to all employees. E very member of the Industry shall comply with all rules 

and regulations relative to th po ting of the provisions of Codes 

of Fair Competition which may, from time to time, be prescribed 

by, the Administrator. 

9. No proYisions in this Article shall modify e tablished practices 

granting privileges as to vacation periods, le·.ves of absence, or temporary absence from work heretofore granted to office employees. 

10. EYery employer hall file with the Code Authority a full and 

accurate li t of all en1.ployees, hired, or employ"d a:s "Learners", as 

define 1 above, and shall comply with all rule-s and regulations pre- -scribed by the Code Authority, with the approval of the Admini trator, goTerning the employment of Learners in this Industry. 

11. The Code uthority, subj ect to the approval of the Adn!inistrator, shall, within thirty (30) days of the effective date of this 

Code, and, if neces ary, from time to time thereafter, issue rules 

and regulations concerning the manufacture and pro luction of Arti- ficial Flower and Feather Products and/ or any part thereof that 

may be necessary or required to fini h or complete any Artificial 

Flower and FPat-her Products under conditions known us "contract- ing", and after such appro~~f\,1 by the Administrator no n1.ember 

of the Industry shall manufacture and/or produce or cause to be 
10 

mannfactured and/or pro luced any Artificial Flower and Feather 

Product · and/ or any part th reof that may be nece~sary or required 

to finish or complete any Artifi .... ial Flower and Feather Products 

under such conditio1F of ' contracting" unle. s the "contractor" 

shall comply in all re 1 ect · with all such rules and regulations. 

'iVithout limitation, such rules and regulations shall include rules 

and regulaf on ~ concerning (a) registration of contractors and those 

emplo ing contractor ; (b) uniform written contracts which shall 

be used in all relation.:;hips between ontractors and those employing 

contractors; (") · the filing of all such written contracts with the 

Code Authority; (d) reports by contractors and tho e employing 

contractors for full compliance with the provisions of this Cor:1e 

and all amendments when made thereto. 

AnTICLE VI-OHGANIZATION, PowERS AND DuTIES OF THE CoDE 

AuTHORITY 

ORGANIZATION AND CONSTITUTION 

1. A Code \nthority is hereby established ~onsisting of nine (9 ) 

representatives of the Industry who shall be selected by the Admin- istt·ator upon recommendations from members of the Industry. The 

Industry shall be entitle l to representation upon the Code Authority 

as follows : Decorative Flower Manufacturers, two (2) members, 

Flower :Manufacturers for the l\r[illinery Trade, one (1) member, 

Flower :Manufacturers for other apparel trade , one (1) member, The 

F eather Industry, two (2) members, Importers and Jobbers, one (1) 

member, and two (2) members at large. Members of the Code 

Authority shall be appointed to hold office for one year, subject, 

howeYer, to the provisions of Section 3. 

2. In addition to membership as above provided, there may be 

three (3) members, without vote, to be known as Administration 

members, to be appointed by the Administrator to serve for such 

terms as he may specify. 

a. One such member as provided for in Section 2 above shall be 

appointed upon nomination by the Labor Advisory Board of the 

National Recovery Administration. 

3. Each trade or industrial association directly or indirectly par- ticipating in the selection or 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, 

bylaw , regulations, and any amendments when made thereto, to- gether with such other information as to membership, organization, 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

4. In order that the Cod~:> Authority shall at all times be truly 

representative of the Indu try and in other respects comply with 

the provisions of the Act, the Administrator may prescribe such 

hearings a h.a 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 of the Code Authority. 

5. Nothino· contained in this Code shall constitute the members 

of the Code Authority partn rs for any purpose. Nor hall any 
11 

member of the Code Authority be liable in any manner to anyone 

for any act of any other member, officer, agent or employee of the 

Code Authority. Nor shall any member of the Code Authority, 

exercising reasonable diligence in the conduct of his duties here- under, be liable to anyone for any action or omission to act under 

this Code, except for his own wilful malfeasance or nonfea ance. 

6. If the Administrator shall at any time determine that any 

action of a Code Authority or any aaency thereof may be unfair or 

unjust or contrary to the public interest, the Admini trator may require that such action be suspended to afford an opportunity for inve tigation of the merits of such action and further consideration by 

such Code Authority or agency pending final action which shall not 

be effective unless the Administrator approves or unless he shall fail 

to disapprove after thirty (30) days' notice to him of intention to 

proceed with such action in its original or modified form. 

7. Subject to such rules and regulations as may be is ued by the 

Administrator, the Code Authority shall have the following powers 

and duties, in addition to those authorized by other provisions of 

this Code: 

(a) To insure the execution of the provisions of this Code and to 

provide for the compliance of the Industry with the provisions of 

the Act. 

(b) To adopt by-laws and rules and regulations for its procedure. 

(c) To obtain from members of the Industry such information 

and reports as are required for the administration of the Code, and 

to establish a confidential agency to which such information and 

reports are to be delivered by members of the Industry, and to set 

up rules and regulations governing the making of returns and reports 

by members of the Industry as to: (1) Production, (2) ~fachine 

hours, (3) Labor hours and pay-roll account. The aforesaid reports 

shall be made not less than every three months, and at such other 

times as the Artificial Flower and Feather Code Authority may determine; provided, that no member of the Industry shall have access 

to the confidential returns and data reported by the individual members, but all such data shall be correlated, or otherwise presented in 

such manner as to avoid disclosure of individual plant operations, 

except when its use is neces ary to prove or disapprove a complaint 

or violation of this Code. In addition to information required to 

be submitted to the Code Authority, members of the Industry subject to this Code shall furnish such statistical information as the 

Administrator may deem necessary for the purposes recited in 

Section 3 (a) of the Act to such Federal and State agencies as he 

may designate; provided, that nothing in this Code shall relieve any 

member of the Industry of any existing obligations to furnish reports to any Government agency. No individual report shall be 

disclosed to any other member of the Industry or any other party 

except to such other Governmental agencies as may be directed by 

the Administrator. 

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

proper for the carrying out of any of its activities provided for 

herein provided, that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code and that such 

trade associations and agencies shall at all times be subject to, and 

comply with, the provisions hereof. 
12 

(e) To make recommendations to the Administrator for the c?-

ordination of the administration of this Code and such other codes, If 

any as may be related to or affect members of the Industry. (:f) 1. It being found necessary in order to support the administration of this Code and to maintain the standards of fair competition established hereunder and to effectuate the policy of the Act, 

the Code Authority is authorized : 

(a) To incur such reasonable obligations as are necessary ancl 

proper for the foregoing purposes, and to meet such obligations 

out of funds which may be r aised as hereinafter provided and 

which shall be held in trust for the purposes of the Code; 

(b) To submit to the Administrator for his approval, subject 

to such notice and opportunity to be heard as he n1ay deem necessary ( 1) an itemized budget of its. estimated expenses for the 

foregoing purposes, and (2) an equitable basis upon which the 

funds necessary to support such budget shall be contributed by 

members of the Industry ; 

(c) After such budget and basis of contribution have been 

approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the 

Industry, and to that end, if necessary, to institute legal proceedings therefor in its own name. 

2. Each member of the Industry shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator. Only members of the Industry complying with the Code and contributing to 

the expenses of its administration as hereinabove provided, shall 

be entitled to participate in the selection of members of the Code 

Authority or to receive the benefits of any of its actfvities. 

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

substantially in excess of the amount thereof as estimated in its 

approved budget; and shall in no event exceed the total amount 

contained in the approved budget except upon approval of the 

Administrator; and no subsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates 

except those which the Administrator shall have so approved. 

(g) To recommend to the Administrator any action or measures 

deemed advisable, including further fair trade practice provisions 

to govern members of the Industry in their relations with each other 

or with other Industries; measures for industrial planning, and stabilization of employment; and including modifications of this Code 

which shall become effective as part hereof upon approval by the 

Administrator after such notice and hearing as he may specify. 

(h) To appoint a Trade Practice Committee which shall meet with 

the Trade Practice Committees appointed under such other codes 

as may be related to the Industry for the purpose of formulating 

f air trade practices to govern the r elationships between employers 

under this Code and under such other codes to the end that such 

f air trade practices 1nay be proposed to the Administrator as amendments to this Code and such other codes. 

8. 0 ost Fincling.-The Code Authority shall cause to be formulated methods of cost finding and accounting capable of use by all 
13 

members of the Industry, and shall submit such methods to the 

Administrator for review. If approved by the Administrator, full 

information concerning such methods shall be made available to all 

members of the Industry. Thereafter, each member of the Industry 

shall utilize such methods to the extent found practicable. Nothing 

herein contained shall be construed to permit the Code Authority, 

any agent thereof, or any member of the Industry to suggest uniform 

additions, percentages or differentials or other uniform items of cost 

wl~ich are designed to bring about arbitrary uniformity of costs or 

pnces. 

ARTICLE VII-TRADE PRACTICE RULES 

1. No member of the Industry shall publish advertising (whether 

printed, radio, display or of any other nature), which is misleading 

or inaccurate in any material particular, nor shall any member in 

any way misrepresent any goods (including, but without limitation, 

its use, trademark, grade, quality, quantity, origin, size, substance, 

character nature, finish, material, content or preparation) or credit 

terms, vaiues, policies, services, or the nature or form of the business 

conducted. 

2. No member of the Industry shall knowingly withhold from Oi' 

insert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

3. No member of the Industry shall brand or mark or pack any 

goods in any manner which is intended to or does deceive or mislead 

purchasers with respect to the brand, grade, quality, quantity, origin, 

size, substance, character, nature, finish, material, content or preparation of such goods. 

4. No member of the Industry shall defame a competitor by falsely 

imputing to him dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representation, 

or by falsely disparaging the grade or quality of his goods. 

5. Threats of Law Suits. No member of the Industry shall publish or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect of harrassing competitors or 

intimic;l.ating their customers. 

6. No member of the Industry shall secretly offer or make any 

payment or allowance of a rebate, refund, commission credit, unearned discount or excess allowance, whether in the form of money 

or otherwise, nor shall a member of the Industry for the purpose 

of influencing a sale, offer or extend to any customer 3:ny special 

service or privilege not extended to all customers of the same class. 

7. No member of the Industry shall give, permit to be given, or 

offer to give, anything of value :for the purpose of influencing or 

rewarding any employee, agent, or representative of another in relation to the business of the employer of such employee, the principal 

of such agent or the represented party, without the knowledge of 

such employer, principal or party. This provision shall not be construed to prohibit free and general distribution of articles conunonly 

used for advertising except so far as such articles are actually used 

for commercial bribery as hereinabove defined. 

6. No member of the Industry shall wilfully induce or attempt to 

induce the breach of existing contracts between competitors and 
14 

their customers by any false or deceptive means, or intE:rfere with 

or obstruct the performance of any such contractual duties or s~rvices by any such means, with the purpose a!ld eff~ct of hamperrng, 

injurinO' or embarrassing competitors in their business. 

9. N g member of the Industry shall require that the purchase or 

lease of any goods be a prerequisite to the purchase or lease of any 

other ·goods. 10. No member of the Industry shall grant any cash discount in 

excess of two (2% ) percent, ten (10) days, E.O.M. to any purchaser of decorative flowers, prepared plants, botanical products, or 

raw fancy feathers, nor to any manufacturer of dresses, coats and 

suits, garters, handbags, shoes, slippers, or undergarments; and no 

member of the Industry shall grant a cash discount in excess of 

eight (8 % ) percent, ten (10) days, E.0.~1. to any purchaser of any 

other alticle not covered by the above provisions. 

11. No member of the Industry shall accept returned merchandise 

for credit under any circumstances except in accordance with the 

following: 

(a) Members of the Industry may accept merchandise for 

credit which has been shipped by a customer within five (5) working days from the date of receipt by the customer in his store, 

only for the following reasons: errors in shipment, delay in 

delivery, defective material or workmanship or any breach of 

contract. ~1embers of the Industry shall not accept merchandise for credit unless accompanied by a letter or regular return 

form mailed by the customer to the manufacturer stating the 

contents of the package, reason for the return and the date on . which the merchandise was received. 

(b) Members of the Industry may accept merchandise for 

credit which has been shipped by the customer after five ( 5) 

working days from the date of receipt by the customer in his 

store, only for the following reasons: defective material or 

workmanship or breach of contract which cannot be detected by 

a reasonable inspection within the stated five (5) working days, 

and under circumstances defined by the Code Authority subject 

to the disapproval of the Administrator. 

12. All shipments to customers shall be made f.o.b., point of 

shipment. 

ARTICLE VIII-PrucE FixiNG 

1. No member of the Industry 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 Industry 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 Article to create. 

ARTICLE IX-CosT AND PRICE CuTTING 

1. The standards of fair eompetition for the Industry with reference to pricing practices are declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of 

competition and is forbidden. Any member of the Industry, 
15 

or of any other Indu try, or the cu tomcr of either, may at any 

time complain to the Code Authority that any price quoted 

andj or charged con titute unfair competition as de tructive 

price cutting, imperilino· mall enteq ri es or tending toward 

monopol. or the impairment of code wao·es and working condition . The Code Authority shall within fiye (5) days afford an 

opportunity to the member quotino- and/ or charging the price 

to an wer uch complaint and hall within fourteen (14) days 

make a ruling or adju tment thereon. If such ruling is not 

concurred in by either party to the complaint all papers shall 

be referred to the Research and Planning Divi ion of NRA 

which hall render a report and recommendation thereon to the 

Administrator. 

(b) '"hen no declared emergency exi ts as to any given 

product there is to be no fixed minimum basis for prices. It is· 

intended that sound estimating methods should be used and that 

con i ieration should be given to costs in the determination of 

pricing policies. 

(c) When an emergency exists as to any given product, sale 

below the stated minimum price of such product, in violation of 

Section 2 hereof, i forbidden. 

2. Emergency Provisions: 

(a) If the AdministratoT, after investigation shall at any 

time find both ( 1) that an emergency has arisen within the Industry adYersely affecting mall enterpri es or wage or labor 

conditions, or tending toward monopoly or other acute conditions 

whi h tend to defeat the purpo ·e of the Act; and (2) that the 

determination of the tated minimum price for a specified product within the Industry for a limited period is necessary to 

mitigate the conditions con tituting such emergency and to effectuate the purpo. es of the Act, the Code Authority may cause an 

impartial agency to in e tigate co ts and to recommend to the 

Admini tr·ator a determ.ination of the stated minimum price of 

the product affected by the emergency and thereupon the Admi_ni trator may proceed to determine such stated minimum 

pnce. 

(b) 'Vhen the Admini trator hall ha Ye determined such 

stated minimum price for a pecified product for a tated period, 

which price shall be reasonably calculated to mitigate the conditions of such emergency and to effectuate the purposes of the 

National Industrial Recovery Act, he hall publish such price. 

Thereafter during uch tated period no member of the Industry, shall sell such specified products at a net realized price below 

<::aid stated minimum price and any .... uch ale shall be deemed 

de tructive price cutting. From time to time, the Code Authority may recommend review or reconsideration or the Administrator may cause any determinations hereunder to be reviewed 

or recon idered and appropriate action taken. 

ARTICLE X-1\1omFrcATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the pro-
16 

visions of subsection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, license, rule, or regulation 

issued under Title I of said Act. 

2. Such of the provisions of this Code as are not required to be included herein by the Act may, with the approval of the Administrator, be modified or eliminated in such manner as may be indicated by 

the needs of the public, by changes in circumstances or by experience, 

All the provisions of this Code, unless so modified or eliminated, 

shall remain in effect until June 16, 1935. 

ARTICLE XI-MoNOPOLIEs, Ero. 

No provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

:services increase as rapidly as wages, it is recognized that price 

:increases except such as may be required to meet individual cost 

.should be delayed, and when made such increases should, so far as ·possible, be limited to actual additional increases in the seller's 

costs. 

ARTICLE XIII-EFFECTIVE DATE 

This amended Code shall become affective on and after the second 

:Monday after its approval, and shall thereupon supersede the Code 

of Fair Competition for the Artificial Flower and Feather Industry, 

approved on September 7, 1933. 

Approved Code No. 29--Amendment No. 1. 

Registry No. 160~02. 

0 

UNIVERSITY OF FLORIDA 

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