Approved Code No. 251 Registry No. 699-1-08 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WITCH HAZEL INDUSTRY 

AS APPROVED ON FEBRUARY 1, 1934 

WE DO OUR. PART 

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U.S. OEP~TO~Y 

UNITED STATES 

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WASHINGTON : 1934 

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Approved Code No. 251 

CODE OF FAIR COMPETITION 

FOR THE 

WITCH HAZEL INDUSTRY 

As Approved on February 1, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE w ITCH HAZEL 

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, for approval of a Code of 

Fair Competition for the Witch Hazel Industry, and hearings having 

been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed 

to the President: 

NOW 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 Code complies 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 Code of Fair 

Competition be 1 and it is hereby, approved. 

HuGH S. JOHNSON, 

Ad1ninistrat01· for Industrial Recovery. 

Approval recommended: 

A. D. w HITESIDE, 

Division Adrninistrator. 

vVAsHINGToN, D.c., 

February 1, 1934. 

37486°--313-177-34 (75) 
REPORT TO THE PRESIDENT 

The P'REsIDENT, 

The White House. 

INTRODUCTION 

Sm: Thi is the report of the Administrator on the applicati n for, 

and public hearing on, a Code of Fair Competition for the ,vitch 

Hazel Industry, as proposed by the Witch Hazel Manufacturer A · ·ociation. The public hearing was conducted in vVa hington on r ove1nber 20, 1933. Every per on who reque te 1 an appearance was 

:freely heard in accordance with statutory and r gulatory r quirements. 

There are eight .known firm in this Indu try, all of which are 

n1ember of the A sociation. In other words the A ociation r pre ents 100% of the Industry in volume and in number of firm . 

ECONOMIC AND 'TATISTICAL MATERIAL 

The volume of sale for the la t five year ha no 

any material fluctuation, having ranged betwe n 600 0 0 an l 

$700,000 a year. The number of employee in th Indn try ha al o 

remained at practically the same figure of 500. "'\-Vh r a the numb r 

of employee ha r emained approximately tl e ame for the la t fi,· 

year and the Code contain provi ions ,,hich ub tantially ·hort n 

the average work week there hould be a gr at in rea.·e in mpl yment. The repre entati, e of the Indu try claim that the mpl -

ment figure will be increased by 40 % when the od goe into ff t. 

Coupl d with in rea cl mployment within the Indu. try ther will 

al o be an in rea el purcha ing pow r f r th indivi lual n 1 lo · 

und r the ode. 

Th actual manufacture f wit h haz 1 i onfin l t 

n10nth be au e only th n i the ,-ritch haz 1 plant in th 

diti n for manufacturin . Th enfor el n · ·ity f r 

production i a pr bl m with whi h th d ha ha<.1 to 

RE ::\lE OF DE PR 

th wint r 

ri ht nn · ntrat 

l al. 

h ur. aclditi nnl 

u ·h ad liti na l 

minimum rnt 

(7) 
77 

of 72 hours per week. The still men are highly trained and skilled 

employees who hold the "secret" of the business; in fact, there 

are only twenty still men in the Industry. 

FINDINGS 

The D0 puty Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that-

( a) 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 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 the 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 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 major industry. 

( c) The 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 71 and 

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid 

Industry; and that said association imposes no inequitable restrictions on admission to membership therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Code. 

For these reasons, the Code has been approved. 

FEBRuARY 1, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION FOR THE WITCH HAZEL 

INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National In<lu trial 

Recovery Act, the following provi ion are e tabli ~hed a. a Code of 

Fair Competition for the Witch Haz l Indu. try and shall be the 

standard of fair competition for such Industry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITION 

The term "v\Titch Haz€l Industry " (hereinafter call cl " the Industry"), as n ·eel herein includes the manufacture and primary di -

tribution of distilled extract of "'\Vitch Hazel prepared or ma<le from 

the Hamamelis Virginiana plant and uch branche or ubdivi ions 

thereof as may from time to time be included under the provi ions 

of this Code. 

The term " primary di tribution " as used herein mean · the al 

by a member of the Inclu try of the manufactured pro ]u t f the 

,vitch Haz l Indu try. 

The term "employee" a u ed herein include anyon eno-ao-ed in 

the Industry in any capacity receiving compen ation for hi erYice irre pective of the nature or m thod of a 'ment of uch compen ation. 

The term' employer as u ed h rein includ anyone b whom an 

such employee i compen ated or employe 1. 

The term tillman a u el h rein in lucle an yon enga o d 

exclusively in the operation of a till. 

The term , ea on f di tillation ' mean th perio l wh n e 

di tillation of ,Yitch Hazel i pra ti abl , which hall n t x l 

20 week in 12 months from Octob r fir~ £ an , 1 ar. 

The term "member of the Indu try · in lu] . anyone nga eel in 

the Indu try a aboY d fine l, ith r c an mpl ' 'r r n lu wn 

b half. 

The term " Presid nt , ' 

h r in hall m an r p tiv I 

th ational Indu trial R co 

aid ct. 

(7) 
79 

ARTICLE III-Houns 

1. No employee, except outside salesmen and those specified in 

Sections 2, 3, 4, and 5 of this Article, shall be permitted to work in 

excess of 40 hours in any one week or 8 hours in any twenty-fourhour period, except tha.t during the season of distilla.tion a tolerance 

pf 20 % will be allowed; provided, that each employee be paid at 

least one and one third times his established rate for all hours worked 

in excess of 40 in any one week. 

2. No office employee and no employee engaged in a. managerial 

capacity receivin~ less than $35.00 per week shall be permitted to 

work in excess ot 44 hours per week as averaged over an 8-week 

period, and in no case shall such employee be permitted to work in 

excess of 48 hours in any one week. E1nployees receiving $35.00 

or more per week in an executive or managerial capacity are not 

subject to any hourly limitations. 

3. No stillman sha.11 be permitted to work in excess of 30 hours per 

week except during the season of distillation, when he shall be permitted to work a maximum of 72 hours per week to permit adjustment in the hours of work to the requirements of the continuous 

technical process in which he is engaged. 

4. No watchman shall work or be permitted to work in excess of 

56 hours in any one week as averaged over a two-week period. 

5. No employee engaged in the collection of the Witch Hazel 

plant shall work or be permitted to work in excess of 54 hours in 

any one week. 

6. The maximum hours fixed in the foregoing section shall not 

apply to any employee engaged in emergency work involving breakdowns or protection of life or property, but in any such special case 

employees shall be paid at the rate of not less than one and one-third 

times the established rate for each hour worked in excess of 8 hours 

in any one day. 

7. No employee shall be permitted to work in exces of six days 

in any consecutive seven day period. 

8. No employer shall knowingly engage any employee for any 

time which when totaled with that already performed with another 

employer, or employers, exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

1. No office employee shall be paid at less than the rate of $14.00 

per week. 

No other employee shall be paid at less than the rate of 35¢ per 

hour. 

2. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time-rate, piecework, or 

other basis. 

3. To the extent practicable, adju tments shall be made in rates 

of pay above the minin1um prescribed herein in order to preserve 

equitable differentials existing between the va.rious occupations in 

the Industry, which shall be reported to the Code Authority on the 

effective date of this Code. 

4. Female employees performing substantially the same work as 

male employees shall receive the same rates of pay as ma.le employees. 
80 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under 16 years of age shall be employed in the Industry, nor anyone under 18 years of age at operations or occupations hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator before January 1, 1934, 

a list of such occupations. In any State, an employer shall be deemed 

to have complied with this provision if he shall have on file a certificate or permit duly issued by the authority in such State empowered to issue employment or age certificates or permits, showing 

that the employee is of the required age. 

2. 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 other conoerted activities for the purpo e 

of collective bargaining or other mutual aid or protection. 

3. No emJ?loyee and no one seeking employment shall be required 

as a condit10n of employment to join any company union or to 

refrain from joining, organizing, or assisting a labor organization 

of his own choosing. 

4. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

5. Within each State this Code shall not super ede any law of 

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

or gener:i.l working conditions than under this Code. 

6. Employers shall not reclas ify employees or dutie or oc upations performed by employees so as to defeat the purpo es of th A t. 

7. Each employer shall post in conspicuous places full copies of 

this Code. 

ARTICLE VI-ADMINISTRATION 
81 

(1) impo e no inequitable restriction on member hipi and (2) ·ubmit to the Admini trator true copie of it rticle · of Association, 

bylaw , regulations and any amendment when made thereto, together with uch other information as to member hip organization, 

and activitie a the Aclmini trator may deem nece ·ary to effectuate the purpo e of the Act. 

( d) ln order that the ode Authority hall at all time be truly 

repre entative of the Indu tr3 and in other re pect comply with th 

provi ion of the Act, the A lmini~ trator ma proYicle uch hea ring 

as he may deem proper; and thereafter if he hall find that the Code 

Authority i not truly repre entative, or doe n ot in other re pect 

comply with the provi ion of the Act may require an appropriate 

modification in the method of selection of the Code Authority, or any 

uh-Code Authority. 

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

to the xtent permitted by the Act. 

(a) To pre ent from time to time to the A hnini tr ator r ecommendation based on conditions in this Indu~try a the may de, elop 

which will tend to effectuate the policy of the ct and the operation 

of thi Code. 

(b) To obtain from members of the Indu try for u e of the Code 

Authority for the Admini trator in the admini tration and enf orcement of the Code, and for the information of the P re ident r eport 

ha ed on period of one two or four week , or multiple thereof a 

soon a the nece ary readju tment within the Indu ·try can be made, 

and to give as istance to member of the Industry in improving methods or in prescribing a uniform system of accounting and reporting. 

All individual reports hall be kept confidential as t o member of the 

Industry and only general summaries thereof may be published. 

( c) To cooperate with the Adrn.inistra tor in regulating the use of 

the N .R.A. Code In ignia solely by those employers who have a ented 

to and are complying with this Code. 

( d) If it shall be repre ented to the Admini trator by any intere ted party or he shall determine upon his own motion that any 

action of the Code Authority or of any ubdivision Code Authorit- , is unfair to any pri ate intere t or contrary to the public intere t, 

the Admini trator may require that such action be uspended f r a 

period of not to exceed thirty (30) days to afford an opportunity for 

investigation of the merits of such complaint and further con ideration by the Code Authority pending final action, to be taken only 

upon appro,al by the Admini trator. 

( e) The Code Authority may appoint and remove and fix the 

compen ation of such employee attorneys, accountants and officers 

as it hail deem neces ary or proper £or the purpose of admini t€ring 

the Code. 

(f) The Code Authority hall coordinate the administration of 

thi Code with such Codes, if any, as may affect any division or subdi, i ion of this or a kindred Industry, with a view to promoting 

joint action upon matters of common interest. 

3. In addition to the information required to be submitted to the 

Code Authority, there shall be furnished to Gm ernment agencies 

such tatistical information as the Admini trator may deem necessary for the purpo es recited in Section 3 (a) of the Act. 
82 

4. Nothing contained in this Code shall constitute the members of 

the Code Authority partners for any purpose. Nor shall any members 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 exercising reasonable diligence in the conduct of his duties 

hereunder, nor be liable to anyone for any action or omission to act 

under the· Code, except for his own willful misfeasance or nonfea ance. 

5. ~!embers of the Industry shall be entitled to participate in and 

share the benefit of the activities of the Code Authority, to parti ipate in the selection o:f the members thereof, and to use the N.R.A. 

Code In ignia, by as enting to and complying with the requirements 

of this Code and sustaining their reasonable share of the expenses 

of its admini tration. The reasonable share of the expenses of 

admini tration shall be determined by the Code Authority, subject 

to approval by the Administrator. 

ARTICLE VII-MODIFICATION 

1. This Code and all the provisions thereof are expre sly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the National Industrial 

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

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

2. This Code, except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, such 

modification to be based upon application by the Code Authority 

to the Administrator and subject to such notice and hearing as he 

shall specify, and to become effective on approval of the President. 

ARTICLE VIII-MoNoPOLIEs 

r o provision of this Code hall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate 

against mall enterprises. 

ARTICLE IX-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its ap1 roYal 

by the Pre ident. 

ARTICLE X-TERl\fI TIO D TE 

Thi Code hall terminate on June 16, 193 or on u h earli r date 

as the ational Industrial Recovery Act shall ea e to be ff ctive. 

Approv d Cod No. 251. 

Regi try o. 6 9- 1--08. 

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u r~IVERSITY OF FLORIDA 

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