NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

TOOTHPICK INDUSTRY 

AS SUBMITTED ON AUGUST 29, 1933 

REGISTRY No. 329-03 

The Code for the Toothpick Industry 

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

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

I 

W ASIDNGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 ce n ts. 

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CODE OF FAIR COMPETITION OF THE AMERICAN 

TOOTHPICK INDUSTRY 

The American \"\ ood Toothpick Indu try, through its Tra le Association known a The Toothpick In titute, comprising practically 

100% of the total number of Toothpick Manufacturers in the nited 

tates, has adopted the following Code of Fair Competition which 

hall become effective for the Indu try the ..,econd Monday after the 

date upon which it shall be approved by the President of the United 

States. 

DEFIXITION 

The term " Toothpick Industry ' as used in this Code is defined 

to mean the manufacture for sale of wood toothpicks and shall apply 

to and include all corporation , companies, and individual engaged 

in the manufacture of any or all types or kinds of wood toothpicks. 

The term 'Employer ' as used herein shall include every person 

engaged in the manufacture of toothpicks as herein defined. 

The term "Employee means only an employee in the Industry. 

DECLARATION OF PURPOSE 

The purpo e of this Code i to make effective in the Toothpick Industry the provi ions of the K ational Industrial Recovery Act and 

all rule and regulations is uecl under the terms of that Act. 

othing contained in this Code hall be used directly or indirectly 

as a mean~ of promoting monopoly, of eliminating or oppressing 

small enterpri e , or of discriminating against them; nor hall any 

provisions be interpreted to permit monopolies or monopolistio 

practice . 

PARTICIPA.TIO 

Participation in thi Code shall be open to all corporations com .. 

parries, and individual now or hereafter engaged in the manufacture 

of toothpicks who signify their willingness to conform to the proviions of the ational Industrial Recovery Act, to abide b the rules 

e tablished under this Code, and to contribute their proportionate 

hare of the co t of admini terine; and enforcing this Code. 

COMPLIAKCE WITH THE A T 

TI~ i specificall3 agreed in accordance with the provi ion of the ~ at10nal Indu trial Recovery Act: 

(1) That employee hall ha,e the right to organize and bargain 

collectively through repre entati,e of their own choo ing; and shall 

be free from the interference, re traint or coercion of employers of 

labor or their agents, in the de ignation of such repre entati,e or in 

8920-33 ( 1) 
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self-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection; 

(2) That no employee and no one seeking employment 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 

(3) That employers shall comply with the maximum hour of 

labor, minimum rates of pay, and other conditions of emplm ment, 

approved or prescribed by the President. 

( 4) It is clearly understood that the foregoing paragraph do not 

in1pair in any particular the constitutional right of the employee and 

employer to bargain individually or collectively as may be mutually 

satisfactory to them; nor does it impair the joint right of employer 

or employee to operate on a basis of collective bargaining or mutual 

understanding without influence of any outside agency. 

( 5) Nothing in thi Code is to prevent the selection, retention, and 

advancement of employee on the basis of their individual merit, 

without regar l to their affiliati01~ or nonaffiliation with any organization. 

The relations between e1nployees and employers of this Industry 

are, and have been for many years, on a mutually satisfactory basis, . and nothing contained in the above condition is construed a requiring 

or contemplating a change in these relations. 

EMPLOYMENT OF MINORS 

On or after the effective date, employers shall not employ in or 

about their plants or industry any person under the age of sixteen 

(16) years. 

.ADl\IINISTRATIO AND SUPERVISION 

The Toothpick In titute, being the Trade Association of the American Toothpick Industry, is hereby designated the agency, through its 

Executive Committee, for administering, supervising, and promoting 

the performance of the provisions of this Code. 

STATISTICS 

To effectuate the policies of the National Industrial Recovery Act, 

and for the proper functioning of this Code under its provisions, it 

shall be the duty of each employer to furnish to the Executive Committee, of the Toothpick Institute such information and data a the 

Committee may from time to time request in respect to production, 

co ts, wage rates, hours of work, stocks on hand, sale and price', 

and such other information as the Committee may deem nece sary or 

desirable for their use in supervising the provisions of thi Code and 

for tran mittal to the Pre ident of the United State when, as, and 

if required under the provisions of the Act. Except as otherwise 

provided in the National Industrial Recovery Act, all tati tical data 

filed in accordance with the provisions of this paragraph shall be 

confidential, and the data of one employer shall not be revealed to 

any other employer. 
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Failure on the part of any employer to furni h to th Committee 

the abov -name l lata an l information upon requ t to d o or the 

furni hino- of fal e data or mi leadino· information, hall be leemecl 

a ,iolatioin of thi ode of Fair Competition. 

OPERATIONS 

1. ,Vith a ,iew to effectuating the policy of the Act, the Toothpick 

Indn try hall make tudies and formulate plans to equalize production n-ith deman land hall from time to time make recommendation 

in relation thereto and mav propo e agreement or amendments to 

thi ode designe l to carry uch reco1nmendations into effect. The 

E:s:ecuti,e ommittee ma formulate uch plan as they may determine 

to equalize production and demand and may include same in their 

ubordinate code or present the same to the Administrator through 

the Toothpick Industry Executive Co1nmittee. 

2. Each member shall, forthwith regi ter with the Toothpick Indu tr Executive Committee all of his productive machinery and 

hall furnish uch other information a to location, age, and condition 

of uch machinery and the extent to which· it has been operated in 

recent years, and as to the kind or type of product or products which 

are now being produced on such machines as the Toothpick Indu try 

Executive Committee may require. 

3. Subject to review of the Admini trator the Toothpick Industry 

Executive Committee shall have the right to determine whether and 

to what extent any such machinery may be properly classed as productive machinery· or to the classification by products of such machinery and if registered in more than one classification, the percentage in each classification. 

4. Prior to the installation by any person engaged in this industry 

of an Toothpick Machines not now under contract or in the proce s 

of in tallation except for replacements without sub tantial increa e 

in productive capacity, a certificate hall fir t be obtained from the 

Aclmini trator that such installation will be consistent with effectuating the policy of the Act during the period of the emergency. 

ACCO XTIXG AXD CO T Y TE~I 

Each employer shall in tall in hi re pective company a soon after 

thi Code is effective a hall be practicable an accounting and co t 

y tern, adopted and approved by the Executive Committee of The 

Toothpick In titute which shall be uniform throughout the Industry. the in tallation of uch a y tern being her(}__by declared neces ary 

in order to determine fairly and correctly co t and for other purpo e for the proper functioning of this Code. 

HOUR OF WORK 

X o employer engaged in the manufacture of Toothpicks shall employ any worker on a we kly hedule in exce s of forty (40) hour 

except in the case of executive , those employed in office work and 

in a upervi ory capacity electrician , and firemen, and tho e em- ployed in repair, maintenance hipping, emergency, and in technical 

work· and provided hon-e,er, that the e limitations shall not ap-
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ply to ea onable or peak times, which would place an unu ual an l 

temporary burden for production upon the manufacturer: in such 

ca e no employee hall be permitted to work more than an aggregate of one hundred forty-four hour (1-:1:4:) per year in exce s of 

the limitations hereinbefore provided, and provided further that 

such limitations hall not apply in case of emergency. 1onthly report hall be made of the number of man-hours worked in that 

month for emergency rea ons. 

WAGE RATE 

On and after the effective late the m1n1mum rates of pay per 

hour which shall be paid by employer to any of their employees 

( except apprentice ) engaged in the proce sing of the products of 

the industry and in laboring operation incident thereto, shall be 

:Male, 4:0 cent per hour. 

Female, 30 cents per hour. 

PROD CTION CONTROL 

It hall be the purpo e of this Code to equalize production with 

cleman l. Plans to accomplish such equalization will be worked out. 

UNFAIR METHODS OF COMPETITION 

For all purpo e of the Code, the act hereinafter de cribed hall 

con titute unfair practice . Such unfair practice and all other 

practice which hall be declared to be unfair practice by the Executive Committee of the Toothpick In titute or by any amendment of 

the Code hall be deemed to be unfair method of competition and 

commerce, and the u ing or employing of any of them hall be 

deemed to be a violation of the Code, an l any member of the Inrlu try which hall directly or indirect!, through any officer or employee, agent or repre entati, e, knowingl3 u e or employ any of uch 

unfair practice hall be guilty of a violation of the Code 

Th following act or pra ·tice are hereby pecifically declared to 

con titute unfair method of competition and are forbidden under 

thi~ Code: 

(a) Selling below co t; except for export~ 

(b) Selling below price et forth in publi he l li t required t 

be is _ued by each manufacturer; 

( c) Discriminating in price; 

(cl) Giving r accepting rebate ecr t or othenTi , refurnl or 

commi ion. in the form of money o-ift , or otherwi e. Th makinor r romi in to an pur ha er or 1 r l ctiYe pur ha r r an} 

ffi r r 1111 lo re , ao- nt or r pre ntatiY , of any uch pur ha er 

or pro p ctive purcha r, any brib , gra uity. o-ift, r an, o h r pa -

m nt or remun ration lir tly or inclir tl3 · ( ) 1i marking 1ni brandin r mi r pr entin · I rodu ·t~ · (f) Iakino- of fal an l di ·parao-ine: tate1n nt r O'anling om1 titor or th ir produ t ; 

(a) Pa incr r allmvinO' a mmi. j n r liscount n a F e l ral or 

tate tax; 
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(h) Guarante ing price an l fl or t k a 0 ain t 1 dine Bl 

price · (i) torino- of good . with c~1stomer · . (j) Allowing a recht 01: ch count to u ~omer on a. onnt of 

a lverti ing or on a c unt of any allege 1 . erv1ce of any lnnd whatEYer · (k) Allowing a credit or li com1t to u. tamer · on ace nnt f 

truckino·; 

(1) 1\1akin o- of ale through broker except under uniform written 

contract adapted b:y the In titute; 

( m) Permitting broker , di tributor , or ale men on commi · ion 

to plit or divide con1111i ~ion : 

( n) Permitting broker~ to a-,,n tocks and do their own billing: 

( o) ::\laking of ale~ to di tributor. not under uniform written 

contract adopted by the I1Ltitute · (p) GiYing or allmYing di count to voluntary chain , buying 

yndicates, or similar organizations; 

( q) ale by di tributor and broker except at the ame price . 

term and condition a the manufacturer· 

(r) Extending term of pa ment beyond thirty (30) day from 

elate of hipment · ( ) The acceptance of order for sta.ple products for hipment 

more than thirty (30) day beyond date of the order· 

( t) ale of pool car at other than LCL price · (u) Inducing or attempting to in luce b any mean any party to 

a contract with a 111ember of the Code to violate uch contract · 

( v) The making of blanket contracts; 

( w) 'I'he con igning of ~tock to the jobbing trade in any rn,anner 

and for any purpo e · 

(x) Po tdating or Antedating invoices; 

(y) For any company to i ue an invoice to any purchaser which 

does not ..,how the preci~e quantity deli ered and the net co t to the 

pure.ha er of uch quantity . 

.ADJU TMENT OF CONTRACTS 

Becau e of the increa~e in co t of manufacture of toothpick b 

reason of the ational Indu trial Recovery Act and the required 

compliance therewith, it i unfair to complete or carry out contrac 

entered into prior to the pa age of the Act at contract price . Such 

increa e in price hould be obtained as will fairly compen ate the 

manufacturer for the additional co t of manufacture. 

'\ .ALIDITY OF PROYI IO 

If any provision of thi Code i declared invalid or unenforceable. 

the remaining proYi ion thereof shall neverthele continue in full 

force and effect in the ame manner as if they ha.cl been eparately 

pre ented for approYal an 1 had been a1 l roYed by the Pre ident. 
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CANOELLATION OR MODIFICATION 

In accordance with Section 10 (b) of the National Industrial 

Recovery Act, any provision of this Code may at any time be cancelled or modified by the President. 

CONCLUSION 

The Executive Committee of the Toothpick Institute is hereby 

empowered and instructed to submit this Code for approval to the 

President of the United States or his duly authorized representative 

and to act for and represent the Association and its individual 

1nen1bers in all matters pertaining to the adoption of this Code and 

its functioning if and when approved by the President, subject to 

the provisions of the National Industrial Recovery Act, and such 

rules and regulations as may be issued thereunder. 

Respectfully sub1nitted. 

THE TOOTHPICK INSTITUTE : 

w. B. GLEASON, 

FRANK w. BUTLER, 

NED G. BEGLE, 

Executive Oo11111nittee. 

We hereby agree to and approve the above and foregoing as the 

Code of Fair Competition of the American Toothpick Industry. 

ESTATE OF CHARLES FORSTER, 

CHARLES W. BUTLER, P1·esiden t. 

HARDWOOD PRODUCTS Co., INc., 

W. B. GLEASON, Manager. 

GENERAL w OODENWARE CORP. 

M. E. GRIM, Assist(Jfnt Secretary. 

BERST-FoRSTER-DixFIELD Co., 

NED G. BEGLE, P1·esident. 

J. H. WEAVER.