Approved Code No. 84-Supplement No. 10 Registry No. 1108-1-05 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

CUTLERY, MANICURE IMPLEMENT 

AND PAINTERS AND PAPERHANGERS 

TOOL MANUFACTURING AND 

ASSEMBLING INDUSTRY 

1 

AS APPROVED ON MARCH 26, 1934 

WE DO OUR PAR't 

- ----

___ .___,,,..rn'iiTED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I 

I l ( 

For sale by the Superintendent of Dacuments, Washingt!>n, D.C. - - - - - - - - Price 5 cents 

v 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., ::rnd by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COI\11\IERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North ,vens Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas. Tex. : Chamber of Commerce Building. 

Detroit, l\Iich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo. : 1028 Baltimore A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, l\Iinn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash. : 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 10 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

CUTLERY, MANICURE IMPLEMENT AND 

PAINTERS' AND PAPERHANGERS' TOOL MANUFACTURING AND ASSEMBLING INDUSTRY 

As Approved on March 26, 1934 

ORDER 

APPROVING SUPPLEl\IEKTAilY CoDE OF F Am CoMPETITI N FOR THE 

CUTLERY, J\1ANICURE IMPLEMENT AND p AINTERS AND PAPERHANGERS 

TooL J\1ANUFACT nrNG AND A SEnrnLING INDUSTRY 

A DIVISION OF THE FABRICATED l\IETAL PRODUCTS MANUFACTURINU AND 

METAL FINISHING AND l\IETAL 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 I of Article VI of the Basic Code for the Fabricated Metal Products Manufacturing and J\1etal Finishing and J\1etal 

Coating Industry, approved November 2, 1933, for approval of a 

Supplementary Code of Fair Competition for the Cutlery, :Manicure 

Implement and Painters and Paperhang0 rs Tool J\1anufacturing and 

Assembling Industry, and hearing having been duly held thereon; 

and the annexed report on said Supplementary Code, containing findings with respect thereto, having been made and directed to the 

President: 

NOW, THEREFORE, on behalf of the President of the Unit.eel 

States, I, Htigh S. Johnson, Administrator for Industrial Recovery, pursuant to authority ve ted 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 aid annexed 

report and do find that said Supplementary Code complies in all 

respects with the pertinent provisions and will promote the policy 

and purpo es of said Title of said Act; and do hereby order that 

aid Supplementary Code of Fair Competition be and it is her by 

approve l; provided, however, that the provisions of Articl VII, 

Paragraph (a), in afar a they prescribe a waiting period between 

the fl.lino- with the Code Authority and. the effective date of revi efl 

price li ts or revi eel terms and conditions of sale be and they are 

49058°-42::i-151--34 (1) 
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hereby stayecl pending my further Order either within a period of 

sixty days from the effective date of this Supplementary Code or 

after the completion of a. tudy of open price a. ociation now being 

conducted by the Nati nal Recoyery Administration. 

Huan S. JOHNSON, 

Adm,inistrato1· for lndust'rial Recovery. 

Approval recommended : 

A. R. GLANCY' 

Division Adniinistrator. 

w .ASHIXGTON, D.C., 

March B6, 1934. 
REPORT TO TI-IE PRESIDENT 

The Pm: IDENT, 

The White House. 

Srn: This is a report on the Supplementary Code of Fair Competition for the Cutlery, l\1anicure Implement and Painters and 

Paperhangers Tool Manufacturing and Assembling Industry, a divi--

sion of the Fabricated Meta l Products Manufacturing and l\1etal 

Finishing and Metal Coating Industry, the hearing having been 

conducted thereon in vVashington, D.C., January 23, 1934 in accordance with the provisions of Title I of the National Industrial RecoYery Act. 

GENERAL STATEME_,T 

The Cutlery, l\1anicure Implement and Painters and Paperhangers 

Tool l\1anufacturing and Assembling Industry, being truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has 

elected to avail itself of the option of submitting a Supplementary 

Code of Fair Competition, a.s provided for in Section 1 of Article 

VI of the Basic Code, for the Fabricated l\1etal Products Manufacturing and l\1etal Finishing and Metal Coating Industry approved 

by you on the second day of November, 1933. 

RESUl\IE OF THE CODE 

Article I states the purpose of the Supplementary Code. 

Article II accurately defines specific terms employed in the Supplementary Code. Article III. This Industry is a division of the Fabricated Metal 

Products Manufacturing and lYietal Finishing and Metal Coating 

Industry and the labor provisions of its Basic Code, as approved 

November 2, 1933, are the labor proYisions of this Supplementary 

Code. 

Article IV establishes a Supplementary Code Authority consi ting of six (6) members, one member of which has been elected by 

an Executive Committee of ea.ch of the six sections of the Industry, 

which Executive Committee has in turn been elected by the members of the six sections of the Industry respectively at a meeting 

called by the Temporary Code Authority, and gives the Administrator the authority to appoint one additional member without yote 

and without expense to the Industry, unless the Code Authority 

agrees to pay uch expen e, and provides machinery for obtaining 

statistics and the administration of the Supplementary Code. 

Article V provides for an accounting system and methods of co t 

finding and/or e timating. 

(3) 
4 

Article VI provides for determining the lowest reasonable cost of 

the product of this Industry. 

Article VII provides methods of setting up and revising price 

lists. 

Article VIII sets forth the unfair trade practices of this Supplementary Code which has been espe"ially designed to offset unfair 

competition in this division of the Industry. 

Article IX provides against monopolies and monopolistic 

practice . . 

Article X contains the mandatory pro-visions contained in Section 

10 (b) of the Act and also provides for the submission of proposed 

• amendments to the Supplementary Code. 

Article XI recognizes that price increases be limited to actual 

additional increase in the seller's costs. 

Article XII tates the effective date and duration of this 

Supplementary Code. 

FINDINGS 

The Assistant Deputy Administrato-r in his final report io me on 

said Supplementary Code having found as herein set forth and on 

the basi-· of all the proceedings in this matter: 

I find that: 

(a) Said Supplementary 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 ten l to diminish the amount thereof 

and will provide for the general welfare by promoting the organization of industry for the purpo~es of cooperative action among the 

trade groups, by inducing and maintaining united action of labor 

and m.anagement under adequate governmental sanctions and supervi ion, by eliminating unfair competitive practices, by promoting the 

fullest po. sible utilization of the present productive capacity of industries, by avoiding nndne restriction of production ( except as may 

be temporarily required), by increasing the consumption of industrial 

and agricultural products through increasing purchasing power, by 

reducing .und relieving unemployment by improving standards of 

labor, and by otherwise rehabilitating indu try. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major indu try. 

( c) The Supplementary 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 oToup is an industrial group truly representative of the 

aforesaid fndustry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

(d) The Supplem0 ntary Code is not designed to and will not permit monopolies or monopolistic practices. 

( e) The Supplementary Code is not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate 

against them. 
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(f) Tho e enaao-ed in other st ps of the economic proce s have not 

been deprived of the right to be hear l prior to approval of said 

Supplementary ode. . For these re.a ons, therefore, I have approved thi Supplementary 

Code. 

Re pectfully, 

MARCH 26, 1934. 

HUGH S. JOHNSON, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

TI-IE CUTLERY, l\1ANI CURE IJVIPLE~ IENT AND PAINTERS AND PAPERI-IANGERS TOOL MANUFACTURING 

AND ASSEMBLING INDUSTRY 

A DI'i'ISION OF THE FABRICATED l\fETAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL COATING INDUSTRY 

ARTIOLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Supplementary Code of Ftiir Competition for the Cutlery l\1anufacturing 

and Assembling Industry, pursuant to Article VI of the Basic Code 

of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved 

by the President of the United States on the 2nd day of November 

1933 and the provisions of this Supplementary Code shall be the 

standard of fair competition for and shall be binding upon every 

member thereof. 

ARTICLE II-DEFINITIONS 

The term Cutlery, Manicure Implement an l Painters and Paperhangers Tool Manufacturing and Assembling Industry, hereafter 

referre<l to as the "Industry" is defined to mean the manufacture 

and/ or assembly for sale by the manufacturer or assembler of Pocket 

Knives of all kinds, Hunting Knives, Table knives of all kinds, 

( except those mounted with silver or hollow handles of pressed or 

moulded base metal,) Table Forks made of steel or any of the several 

steel alloys, ( except when mounted with silver or hollow handles of 

pre ·sed or moulded base metal,) various types of Table Cutlery such 

as Butter knives, Pie servers and Spoons with blades of steel or any 

of the several steel alloys, ( except when mounted with silver or 

hollo-w bandles. as described above.) Carvers of all kinds, ( with 

the ame exceptions as to mounting as governing Table knives and 

forks,) Household knives, Butcher, Professional, Trade knives and 

Spatula of all kinds, mounted with handles or the finished or semifini ·heel blades for any of the foregoing items, Butcher's Cleavers, 

Straight Razors, Scissors, Shears, Grass Shears, Pruners, Tin Snips, 

l\1anicure Implements, J\1anicure Sticks, Painters and Paperhangers 

Tools and Equipment, ( other than such products as are specifically 

covered in the approved Codes for the Ladder Industry and the 

Brush Industry,) and all other Cutlery products which are the 

naturnl affiliates of the above and are generally accepted and defined 

by manufacturers and di tributors as Cutlery. 

The term "employee " as u ·eel herein includes anyone engaged in 

the Industry ia any capacity receiving compensation for his services, 

(6) 
7 

irr spective of the nature or method of r a. ·mcnt of . uch 

compen ation. 

The term " mpl .7 r ' as u eel h rein in ·lu le. anyone by whom 

any u h employ is comp nsated or employ cl 

The term "mernb 1· f the Inclu try " a · HS c1 her in in ·lnde · but 

without limitation any individnal, partner ·hip, a .. ·o iation, orporation or other fo '111 of enterpri e, enrragecl in the Incln try as an 

employ r or on his or its own behalf. 

The terin" Section "as used herein is defined tom an a ubdivision 

of the Industry alr ady e tabli heel or which may be e tablishe l of 

which there are now ix designated as 

1. Table and Trade Knife Section. 

2. Pocket Knife Section. 

3. Sci ors an l Shears Section. 

4. :Manicure Implement Section. 

5. Straight Razor Section. 

6. Painters & Paperhangers Tool Equipment Section. 

Th terms "Pre ident ", "Act", and "Administrator " as used 

herein shall m0 an respectively the President of the United States, 

the National Industrial Recovery Act, and the Admini trator for 

Industrial Recovery. 

The term " Ba ic Code " as u eel herein is defined to mean the 

Basic Code of Fair Competition for the Fabricated Metal Products 

Manufacturing ancl Metal Finishing and :Metal Coating Industry, as 

approved by the President on the 2nd day of November, 1933. 

The term " Supplementary Code Authority" a used herein means 

the agency which is to administer this Supplementary Code as hereinafter provided. 

The term "Asso iation" as used herein, is defined to mean the 

American Cutlery Manufacturers Association or its successor. 

ARTICLE III-EMPLOYMENT PROVISION 

Thi Industry is a division of the F abricated ~Ietal Products 

i1anufacturing and l\1etal Fini hing and Metal Coating Industry, 

and without limitation the wage, hour and labor provisions in 

Article III of its basic code as approved by the President November 

2, 1933, including Section 1 of said Article III by which the provisions 

of Sub-sections (1), (2) and (3) of Section 7 (a) of Title I of the 

Act ar made conditions of this Code, are specifically incorporated 

herein and made a part hereof a the wage, hour and labor provisions 

o:f thi Supplementary Code. 

ARTICLE IV-ORGANIZATIO AND Ao:i\IINL TRATION 

E TION 1. The Supplementary Code ..L uthority is hereby constitut€c1 the agency to uclmini ter the pro, isions of this Supr lementary 

Code. 

E TIO... 2. The member of the Supplementary Cod Authority 

shall be elected as follow ·: Each ection of the Industry shall within 

thirty day after the effective date hereof, and annually thereafter, 

by letter ballot or otherwi. e a may be appr°'Ted by the Administrator elect an Execdtive C mmittee of from to three to eYen mem-
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bers by a majority vote of the members of the Industry comprising 

that section. The Executive Committee shall elect one of their 

members as a member of the Supplementary Code Authority, and 

the Supplementary Code Authority shall consist of one member 

:frorh each section of the Industry. In addition to the members 

above pro_vided, the Administrator may appoint one member who 

shall serve without vote and without expense to the Industry unless 

the Supplementary Code Authority agrees to pay such expenses. 

The representative who may be appointed by the Administrator shall 

be given reasonable notice of, and may sit at all meetings of, the 

Supplementary Code Authority. Upon a vacancy occurring the 

Supplementary Code Authority shall elect a new member from the 

section of the Industry not represented on the Supplementary Code 

Authority. 

SECTION 3. " The Supplementary Code Authority" is hereby 

constituted the Agency to administer the provisions of this Supplementary Code and to collect and distribute all statistical reports of 

the Industry. 

SECTION 4. The Supplementary Code Authority shall also from 

time to time furnish the Basic Code Authority, designated in said 

Basic Code, such information as may be required to b 0 furnished 

under the terms of said Basic Code. 

SECTION 5. Nothing contained in this Supplementary Code shall 

constitute the members of the Supplementary Code Authority partners for any purpose. Nor shall any member of the Supplementary 

Code Authority exercising reasonable diligence in the conduct of his 

duties hereunder, be liable in any manner to anyone for any act of 

any other member, officer, agent or employee of the Supplementary 

Code Authority for any action or omission to act under this 

Supplementary Code except for his own wilful misfeasance or 

nonfeasance. 

SECTION G. The Supplementary Code Authority shall have the 

following powers and duties: 

(a) To adopt bylaws and rules and regulations for, and keep 

records of its procedure and for the administration and enforcement 

of this Supplementary Code, subject to such rules and regulations 

as the Administrator may prescribe. 

(b) To obtain from the Industry such information, reports and 

statistics as are required for the administration of this Supplementary Code which shall be furnished by all members of the Industry 

without unreasonable ·delay, provided that nothing in this Supplementary Code shall relieve any member of the Industry of any existing obligation to furnish reports to any Government agency. Any 

information or statistics which may be called for which may be of 

a confidential nature, shall be collected and compiled by a suitable 

agent ( not a member of or connected with a member of the Industry) selected by the Supplementary Code Authority who may be a 

permanent employee. The data and/ or statistics so collected shall 

be furnished to the Supplementary Code Authority or the Industry 

only in combination with such other information of the same type 

and in such form as will not disclose the individual data and/ or statistics furnished by any single member of the Industry. No member of the Supplementary Code Authority or other person shall 
9 

at any time hav a ce --. t or be furnish c1 with any informn,.ion by 

aid ao- nt whi 'h would cli. · lo · th c nfi l ntinl inforrnati n furnished by an ino·l m mber of th Indu. try, x ep in th ca,,e of 

a violation of this u1 pl m ntary od in whi '.h ·us., all p •rtin nt 

data and informati n :hall b ]ail bef r th upplen ('ntary o le 

Authority for it con icl rati n and de ·i ·i n. 

( c) To u c any uch Tra l ociati n ancl oth r agen ·ies as it 

deem proper for the carrying out of any of its a tivities provided 

for herein, provided that nothino- her in ·hall relieve the Supple- mentary Code Authority of its cluti or r pon ·ibilitie. un ler this 

Suppl m nt ry ode and that such Tra le As ociations and agencies 

shall at all time be ubject to and comply with the pro Yi. ·ions hereof. 

( d) To mak rec mmendation to the Admini trator for the coordination of the admini tration of this Supplementary Code with 

such oth r Codes, if any, a may be relate 1 to the Industry. 

( e) To di tribnt the expen e incurred in connection with its activities relative to the a lministration of this Suppl m ntary Code 

among the m mber of the Indu try, the share of said expense to be 

paid by each member of the Indu try, to be based upon the volume 

of bu iness and/ or such other factors as the Supplementary Code 

Authority 1nay prescribe, and every member of the Industry subject 

to the jurisdiction of thi Supplementary ode shall pay to the Supplementary Co le Authority his or it proportionate hare of the cost 

of maintaining such Supplementary Code Authority. ,,7"11en such 

proportionate hare to be paid by each member of the Industry has 

been determined the Supplementary Code Authority hall notify 

each member o:f the Industry of the amount thereof and aid member of the Industry shall promptly pay said amount to the Supple- mentary Coe.le Authority at such times and in ·uch i1Ltallments as 

the Supplementary ode Authority may require. Any unrea onable 

delay in making such payment or refu ·al to make same shall be a, 

violation of this Supplementary Code. 

SECTIO 7. The Supplementary Gode Authority ~hall be and 

hereby i empower d, upon complaint duly made to it in writing 

or upon its own initiative, to make su h inquiry and inve tigation 

into the operation of this Supplementary Code a may be necessary; 

subject to such rules and regulations a the Administrator may 

pre cribe. 

SECTION 8. The Supplementary Code Authority hall, as soon as 

practi al formulate certain , tandard of quality, under Yarious 

clas ification , for tho e products of the Industry a are adapted 

to standardization and implification which hall become the tand- ards for the Industry upon approval by the Aclmini trator. 

SECTION 9. Each tra le or indu trial as ociation lirectly or indirectly participating in the sele tion or actiYities of th ode Authority hall (1) impo e no inequitable restrictions on membership and (2) nbmit to the Admini trator trn copie of it articles 

of association, by law ·, regulation and any amendment when 

made thereto, together with such other information a to memberhip, organization, an 1 actiYitie a the Admini trator may deem 

nece ary to effectuate the purpo es of the Act. 

SE TION 10. In order that the o le Authority hall at all ime be 

truly re.pre entativ of the indu try and in other respects comply 
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with the prov1s10ns of the Act, the Administrator may prescribe 

such hearings as he may d'eem 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 in the method of selection of 

the Code Authority. SECTION 11. If the Administrator shall determine that any action 

of the Supplementary Code Authority or any agency thereof may 

be unfair or unjust or contrary to the public interest, the Administrator may, after reasonable endeavor, to confer with the 

Supplementary Code Authority, require that such action be suspended to afford an opportunity for investigation of the merits of 

such action and further consideration by the Supplementary Code 

Authority or acrency pending final action which shall not be effective 

unless the Administrator approYes or unless he shall fail to disapprove after 30 days' notice to him of intention to proceed with 

such action in its original or modified form. 

ARTICLE V-ACC'OUNTING 

SECTION 1. ,vith respect to that portion of his product which is 

within the Industry, every employer shall use an accounting ystem 

for determining his allowable cost " ·hich conforms to the principles 

of, and is at lea t as detailed and complete as, the uniform method of 

accounting and uniform method of costing, to be formulated by the 

Supplementary Code Authority and approved by the Administrator 

with such variations therefrom as may be required by the individual 

conditions affecting any employer or group of employers, and as may 

be approved by the Supplementary Code Authority and the Administrator. 

SECTION 2. ,vhen the Supplementary Code Authority determines 

that an emergency exists in this Indu try and that the cause thereof 

is destructive price-cutting such as to render ineffective or seriously 

endanger the maintenance of the provisions of this Supplementary 

Code, the Supplementary Code Authority may cause to be determined 

the lowe t rea sonable cost of the pro lucts of this Industry, such determination to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, di approve, 

or modify the determination. Thereafter, during the period of the 

emergency, it shall be an unfair trade practice for any member of the 

industry to sell or offer to ell any products of the industry for which 

the lowest reasonable co t has been determined at such price or upon 

such terms or conditions of sale that the buyer will pay less therefor 

than the lowest reasonable cost of such products. 

vVhen it appears that conditions have change 1, the Supplementary 

Code Authority, upon its own initiative or upon the reque t of any 

interested party, shall cause the determination to be reviewed. 

ARTICLE VI-SELLING BELOW CosT 

(a) No employer shall sell or exchange any product of the Industry, manufactured or assembled by him at a price, or upon terms and 

conditions, that will re ult in the purchaser paying for the goods 
11 

r c i ved, less than the allowable co, t thereof to the , (' 11 r, 1 termi n d 

in accor lance with a uniform m th d of o ting abov le. crib cl r 

as may b determined by the Sur pl m ntary 'lode Auth rity a pr -

vided in tion 2 f l'ticle V provi<l cl, ho\vev r, that clropp l lin , 

or econ l or inventorie which mu3t be di po~ cl of by any employer, 

may be lcl at any pri e and on any terms an l nd~tion., but only 

if c.::n h mploy r, not I s than 10 days bef r aid ch'po~al, has fil d 

with the 'u1 I I mentary ode Authority, a tatement in writino-, settino- forth the fact of, and reasons for, such propo. eel di ·posal; and 

Supplem ntary Code Authority ha not, bef r th termination of 

such 10 day p riod, in writing di approved the propose l di po al, 

such lisapr roval hall only be made when alleged f acts are misrepresented. 

(b) Provided, further, that the Supplementary Code Authority, 

upon application to it shall grant pennis ion to any employer to sell 

below hi co t in or ler that h may meet competitive prices filed in 

accordance with the provision~ of Article VII (a) of this Supplementary Code, or to meet competition from products of equivalent 

de~ign, character quality, or pecifications, manufactured outside the 

United tut.es; and provided further, that the provi ions of this 

paragraph shall not be deemed to apply to or to affe t the sale of any 

product for direct shipment in export trade by any member of the 

Industry within the meaning of the term "export trade" a · it is 

u :-- cl in the Export Trade Act. 

AnTICLE VII-SELLING PRICES 

(a) "\Vithin ten days after this Supplementary Code become· effective, each member of the Indu try shall file with the Supplementary Code Authority a net pric Ii. t, or price Ii t and discount 

sheet as the ca e may be, individually prepar d by him showing his 

current minimum net prices, or prices and maxin11un discounts, terms 

of payment, and freight or other allowances applyino· to his standard merchandise off er•ed to the trade which price list shall be irnmedia tely available to all known manufacturers of imilar products 

and shall be aYailable at the office of the Supplementary Code Authority to all interested parties according to their classifi"ation ~aid 

cla ification to be et up by the Supplementary Code Authority 

within ixty (GO) days and appr°'ed by the Adrnini trator. Revi ·el price list with or without discount sheets shall be filed from 

time to time thereafter with the Supplementary Code Authority by 

any manufa"turer to become effective five days from the date of uch 

filing. Notice of such change hall be immediately ent by the Supplementary Code Authority to all. known manufacturers of similar • 

product who thereupon may file, if they so desire, revision of their 

price Ii t or di count sheet which shall beco111:e effective upon the 

dat when the revi eel price Ii -t or di count heet fir t filed shall go 

into effect provided that he shall not e tabli h prices lower nor 

disc unt greater, nor conditions of ale mor faYorable than those 

contained in the revi ·eel list fir t filed. 1 

(b) o employer hall ell dire tly or inclir ctly b any mean , 

trick, device r ul terfuge what oever, any product of the Indu try 

1 ec paragraph 2 of order approving tbi · Code. 
12 

covered by the prffvisions of this Article at a price lower or at discounts greater or on more favorable terms of payment than those 

proYidecl in his filed current price lists and discount sheets except 

as provided in Article VI. 

ARTICLE VIII-UNFAIR TRADE PRACTICES 

In addition to the unfair trade practices covered in Article V of 

the Basic Code, for all purposes of this Supplementary Code, the 

following described acts shall constitute unfair practices. Any 

member of the Industry who shall directly or indirectly, through 

any officer, employee, agent or representatfre, use or employ any 

of such unfair practices shall be guilty of a violation of this Supplementary Code. 

(1) The post dating of invoices for more th?-n 90 days from date 

of shipment except on agricultural implements. 

(2) The allowing of better terms of payment than 2% 10th E.O.M. 

net 30 davs E.0.1\1. 

(3) Tlie making or entering into any new contract or agreement 

or the ex ten ion of any existing contract or agreement beyond July 

1, 1934, the effect of which will amount to delivery on consignment 

of any products of the Industry except as may be modified by the 

Supplementary Code Authority and approved by the Administrator. 

( 4) Accepting a contract or contracts for either stock _ or special 

brand merchandise at a fixed price without a corresponding commitment on the part of the purchaser to buy a specified quantity 

of each and every item, all to be shipped and invoiced within one 

year. 

( 5) No member of the Industry shall attempt to induce the breach 

of a written contract between a competitor and his employee, or 

customer or source of supply; nor shall any such member interfere 

witl~ or obstruct the performance of such contractual duties or 

services. 

( 6) The misbranding of materials in a manner that will tend to 

deceive the consumer as to the quality .or type of materials used. 

(7) For purpose of influencing a sale no employee shall withhold 

from, or insert in any invoice a false record, wholly or in part, of 

the transaction represented on the face thereof, nor pay or allow 

secret rebates, refunds, credits, unearned discounts (whether in the 

form of money ~ff otherwise), or extend to certain purchasers prices, 

services, or privileges not extended to all purchasers under like 

conditions. 

ARTICLE IX-MONOPOLIES 

No prov1s10n in this Supplementary Code shall be so applied as 

to permit monopolies or monopolistic practices, or to eliminate, 

oppress or discriminate against sma ll enterprises. 

ARTICLE X-l\10DIFICATIONS 

SECTION 1. This Supplementary Code and all prov1s10ns thereof 

are expressly made subject to the right of the President in accordance 
13 

with prov1s1ons of snb-sc tion (b) of ·c tion 10 f the A ·t, from 

time to tim t ancel r modify any or l r, appro\'al, lie ns , rule 

or reo·nlation i .. n cl nnd r sail A t. 

SE TI N ,.J, This 'ur 1 lm ntary Cod , ex pt as to provisions 

required by the A t, may be m hfie l on th basis f .·p rience or 

han°·e in cir nn stan e , uch modifications to be ba ed upon appliation by th nr plementary Cod Authority t th Aclminif: trator 

and nch notic an l hearin°· a· he shall spc ify and t become 

ffe tiYt, an l to b a part of this Suppl0 mentary Code upon approval 

by the Administrator. 

ARTICLE II-PRICE INCHEA ES 

\Vhereas the policy of the Act to increa c real purcha ing power 

,vill be ma le more difficult of con ·nmmation if prices of goods and 

ervices incr ase as rapidly as wao·es, it is recognized that price 

increases except such as may be required to meet individual costs 

should b delayed, but when made, such increa es should, so far as 

Io ible, be limited to actual additional increases in the seller's co ts. 

ARTICLE XII-EFFECTIVE DATE AND D URATION 

This Supplementary Code shall become effective at 12: 01 A. M. 

on the 10th day after its approval by the President and shall continue 

in effect until June 16 1935, or the earliest date prior thereto on which 

the President shall, by proclamation, or the Congress shall by joint 

resolution declare that the emergency recognized by Title I of the 

National Industrial Recovery Act has ended. 

Approved Code No. 84---Supplement No. 10. 

Registry No. 1108-1- 05. 

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UNIVERSITY OF FLORIDA 

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