Approved Code No. 201- Supplement No. 21 Registry No. 1201-09 1 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

COPPER,BRASS,BRONZE,AND 

RELATED ALLOYS TRADE 

(A Division of the Wholesaling or .Distributing Trade) 

AS APPROVED ON AUGUST 13, 1934 

"WE DO OUR PARf 

UNITED STATES 

GOVERNMENT PRINTING O.t'FICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - • - Price 5 ccnta 
This publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Corru:nerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCB 

Atlanta, Ga.: 504 Post Office Building. 

I.irmingham, Ala.: 257 Federal Building. 

Easton, Mass.: 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 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 Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

1•1emphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

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

Kew York, N.Y.: 734 Customhouse. 

Korfolk, 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 Corle No. 20i-Supplemenf No. 21 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

COPPER, BRASS,BRONZE, AND RELATED 

ALLOYS TRADE 

As Approved on August 13, 1934 

ORDER 

SUPPLEMENTARY CODE OF FAIR COMPETITION F OR TH E COPPER, BRASS, 

BRONZE AND RELATED ALLOYS TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

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 Supplemental Code of Fair Competition for the Copper, Brass, Bronze and 

Related Alloys Trade to the Code of Fair Competition for the Wholesaling or Distributing Trade, and hearings having been duly held 

thereon and the annexed report on said Supplemental 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 Supplemental 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 Supplemental Code of Fair Competition be and it is hereby 

approved. 

H uGH S. JOHNSON, 

.Aamiootrator f or I ndustruil Recovery. 

ApproYal recommended: 

R OBERT L. H OUSTON' 

Division A dmin-istrator. 

W ASHINGTON, D.C., 

A'IJ,gust 13, 1934. 

80260°-1044-74- 34-3 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report of the hearing on the Supplemental Code 

of Fair Competition for the Wholesale Copper, Brass, Bronze and 

Related Alloys Trade, a division of the Wholesaling or Distributing 

Trade, conducted in the North Private Dining Room of the Carlton 

Hotel, on 1'1ay 10, 1934. The Supplemental Code which is attached 

was presented by duly qualified and authorized representatives of 

the Trade, complying with the statutory requirements, said to represent 70 per cent in number and about 85 per cent in volume 0£ 

sales of the Trade which could be included in this Supplemental 

Code. 

THE TRADE 

According to statistics compiled by the Division of Research and 

Planning, there were in 1933 approximately two hundred (200) firms 

engaged in the Trade employing approximately 1,400 employees in 

1933 and having an invested capital of approximately $5,000,000. 

No accurate figures are available concerning the annual volume of 

sales but the Trade estimates that approximately $14,000,000 worth 

of business was done in 1933. 

HOURS AND WAGES 

The hours and wages provisions of this Supplem.ental Code, which 

provisions supplement the hours and wages provisions or the Code 

of Fair Competition for the '\Vholesaling or Distributing Trade, 

establish a maximrun 40 hour work week and a minimum $15.00 

weekly wage, except for necessary exceptions. 

OTHER PROVISIONS OF THE CODE 

The provisions containing definitions are inclusive and accurate. 

The administrative provisions of the Code establish a Divisional 

Code Authority which is fairly and adequately representative of all 

the diff e_rent elements in the Trade. 

The trade practices proposed . are not considered in any way 

objectionable. 

FINDINGS 

The Deputy Administrator in his final report to me on said 

Supplemental Code having found as herein set forth and on the 

basis of all the proceedings in this matter : 

I find that: 

(a) Said Supplemental Code is well designed to promote the 

policies and purposes of Title I of the National Industrial Recovery 

(2) 
3 

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 organiza~ 

tion of industry for the purpose of cooperative action among trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanction and supervision, 

by eliminating unfair competitive practices, by promoting the fullest 

possible use of the present productive capacity of industries, by 

avoiding undue restriction of production ( except as may be tempo- rarily 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 Trade normally employs not more than 50,000 employees 

and 1t is not classified by me as a major industry. 

( c) The Supplemental 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 association is a trade association truly representative of 

the aforesaid Trade; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

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

monopolies or monopolistic practices. 

( e) The Supplemental 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 the approval o:f this 

Supplemental Code. 

For these reasons, the Supplemental Code has been approved. 

Respectful! y, 

AUGUST 13, 1934. 

HUGH s. JOHNSON, 

Arlnninistrator. 
SUPPLEMENT.ARY CODE OF FAIR COMPETITION FOR 

THE COPPER, BRASS, BRONZE AND RELATED ALLOYS 

TRADE 

A DIVISTQN OF THE WHOLESALING OR DISTRIBUTING TRADE 

ARTICLE I-PURPOSES 

SUPPLEMENTING ARTICLE I OF THE GENERAL CODE 

To effectuate the purposes of Title I of the National Industrial 

Recovery Act, this Supplemental Code is established as a Code of 

Fair Competition for the Wholesale Copper, Brass, Bronze and 

Related Alloys Tradei pursuant to Article VI, Section I ( c) of the 

General Code of Fair Competition for the Wholesaling or Distributing Trade, approved by the President of the United States 

on January 12, 1934. All provisions of the said General Code which 

are not in conflict with the provisions of this Supplemental Code 

are hereby specifically incorporated by reference in this Supplemental Code and made part hereof. Such provisions of the General Code, together with the provisions of this Supplemental Code, 

are the standards of fair competition for and are binding upon 

every member of the "\Vholesale Copper, Brass, Bronze and Related 

Alloys Trade. 

ARTICLE II-DEFINITIONS 

SUPPLEMENTING ARTICLE II OF THE GENERAL CODE 

SECTION 1. The term " wholesaler " or " distributor " as used 

herein is defined to mean any individual, partnership, association, 

corporation, or other form of organization, or a definitely organized 

division thereof, definitely organized to render and rendering a general distribution service which buys and/ or maintains at his or its 

place of business a stock of mill products of copr,er, brass, bronze 

and related alloys, or any of them, which it distributes, and which 

through salesmen, advertising and/or sales-promotion devices sells 

to retailers and/or to institutional, commercial and/or industrial 

users, but which does not sell in significant amounts to ultimate 

consumers. 

SEOTION 2. The term " the " Trade " as used herein is defined to 

mean the business in which a wholesaler or distributor as defined 

above is engaged. 

SECTION 3. The term " General Code " as used herein is defined to 

1nean the Code of Fair Competition for the "\Vholesaling or Distributing Trade. 

SECTION 4. The term "Supplemental Code" as used herein is 

defined to mean this Supplemental Code for the Wholesale Copper, 

Brass, Bronze, and Related Alloys Trade. 

(4) 
5 

SECTION 5. The term " General Code Authority " as used herein 

is defined to mean the General Code Authority authorized by Section 2 of Article VI of the General Code. 

SECTION 6. The term "Divisional Code Authority" as used herein 

is defined to mean the Divisional Code Authority for the Wholesale 

Copper, Brass, Bronze and Related Alloys Trade, a division of the 

Wholesaling or Distributing Trade. 

SECTION 7. The term " consignment " as used herein is defined to 

mean leaving merchandise with a customer for sale or use, the title 

to remain in the consignor. 

SECTION 8. The term " member of the Trade " as used herein is 

defined to mean any Wholesaler or Distributor en?aged in the Trade. 

SECTION 9. The term "geographical sections' as used herein is 

defined to mean the geographical sections of the United States to be 

designated by the Executive Board of the Association, subject to the 

approval of the Administrator. 

SECTION 10. The term "Association" is defined to mean the Copper and Brass Warehouse Distributors Association. 

ABTicLE III.-HouRs 

SUPPLEMENTING .ARTICLE rrr, SECTION I OF THE GENERAL CODE 

SECTION 1. Maximum Hours and Exemptions (superseding Article 

III, Section 1 (a), (b) , ( c) , ( d), and ( e) of the General Code) : 

(a) No member of the Trade shall cause or permit any employee 

except an employee in an executive, supervisory, technical, or professional capacity who receives $35.00 per week or more, and except 

watchmen, outside salesmen, outside delivery men, maintenance men, 

outside repair service men and installation men, to work more than 

eight (8) hours in any one day, nor more than forty (40) hours per 

week, nor more than six (6) days in any one week, except as hereinafter specified. 

(b) No member of the Trade shall cause or permit any wawhman to work more than nine (9) hours in any one day, nor more than 

fifty-four (54) hours in any one week, nor more than six (6) days 

in any seven (7) day period. 

( c) No member of the Trade shall cause or permit any outside 

delivery man, maintenance man, outside repair service man, or installation man to work more than forty-eight ( 48) hours per week. 

( d) A member of the Trade may work any emplovee such hours 

as may be necessary in excess of the hours specified fu Sub-sections 

(a), and ( c) of this Section, if tim~ and one-third is paid for all 

such additional hours but in no case shall any member of the Trade 

cause or permit any employee to work more than eight (8) hours 

per week in excess of his regular hours as specified in Sub-sections 

(a) and ( c) of this Section. 

ABTICLE IV .-W .AGES 

S PPLEMENTING ARTICLE IV OF GENERAL CODE 

SECTION 1. ( Superseding Article IV, Section 1 (a), (b) , ( c) ( d), 

and ( e) of the General Code.) 
6 

(a) No employee shall be paid less than at the rate of fifteen 

dollars ($15.00) per week of forty ( 40) hours. 

(b) A part-time employee or one paid on an hourly basis shall 

be paid not less than forty cents ( 40¢) per hour. Any employee who 

works less than the maximum weekly hours of labor specified in 

Article III above for his class of work shall be considered a part-time 

employee. 

( c) This Article establishes a minimum compensation for each 

class of workers irrespective of whether an employee is actually 

compensated on a time rate, piece work, commission, or other basis. 

SECTION 2. (Superseding Article IV, Section 2 of the General 

Code.) No hourly, daily or full-time weekly compensation for employees who are paid less than fifty dollars ($50.00) per week shall 

be less than such compensation existing as of June 16, 1933, and 

no employee shall be pa.id a wage rate which will yield a less wage 

for the shorter full-time week herein established than he could have 

earned for the same class of work for the longer full-time week 

existing as of June 16, 1933. Wage increases established under the 

President's Reemployment Agreement shall at least be maintained. 

ARTICLE V .-GENERAL LABOR PROVISIONS 

SUPPLEMENTING ARTICLE V OF THE GENERAL CODE 

SECTION 1. Posting Oode.-Each employer shall post in conspicuous places, accessible to employees, copies of Article I to V, inclusive, of this Supplemental Code and of the General Code. 

SECTION 2. No employee shall be dismissed or demoted by reason 

of making a complaint or giving evidence with respect to an alleged 

violation of this Supplemental Code or the General Code. 

SECTION 3. Every employer shall make reasonable provisions for 

the safety and health of his employees at the place and during the 

hours of their employment. 

ARTICLE VI-ADMINISTRATION 

SUPPLEMENTING ARTICLE VI OF THE GENERAL CODE 

SEOTION 1. (a) The Divisional Code Authority shall be composed 

of five (5) members of the Trade, three (3) of whom shall represent 

n1embers of the Trade who are members of the Association and 

two (2) of whom shall represent ·members of the Trade not members 

of the Association. For initial organization purposes the members 

of the Divisional Code Authority shall be nominated in the following manner. The three (3) members representing the Association 

shall be nominated by the Executive Board of the Association. The 

Executive Board of the Association shall place these three (3) names 

on a ballot which shall contain blank lines for the inclusion of tho 

same number of additional names which may be filled in by any 

member of the Trade voting for the Divisional Code Authority. 

Such ballots shall be mailed to all members of the Association. 

(b) The two (2) members of the Divisional Code Authority 

representing members of the Trade not members of the Association 

shall be selected by a plan to be approved by the Administrator and 
7 

shall, by the Executive Board of the Association, be placed upon a. 

ballot which shall contain blank lines for the addition of two (2) 

other names. These ballots shall be mailed to all members of the 

Trade not members of the Association whose names can be ascertained after diligent ·search on the part of the Ex~cutive Board o:f 

the Association. 

( c) Each ballot shall be accompanied by a definition of a wholesaler or distributor as defined in Article II, Section 1 above, and in 

order for any ballot to be counted, it shall be accompanied by a 

signed statement that the voting member of the Trade comes within 

the terms of such definition and shall also be accompanied by a 

certificate of assent and compliance, and shall be postmarked not 

later than ten (10) days after the date of mailing by the Executive 

Board of the Association. All ballots, both for members of the 

Divisional Code Authority who ar'3 members of the Association and· for members of the Divisional Code Authority who are not members 

of the Association, shall be counted by the Executive Board of the 

Association between the seventeenth and twentieth days after being 

first mailed out by the Executive Board, and the result of such count 

certified to the Administrator. 

( d) The terms of office of members of the Divisional Code Authority and the method of electing their successors, either for full 

new terms or for unexpired terms, shall be established in the By~ · laws of the Divisional Code Authority. 

( e) There shall be elected from the Divisional Code Authority an 

Executive Committee composed of three (3) members of the Di vi.: 

sional Code Authority, at least one of whom shall be a nonmember 

of the Association. 

(f) Each member of the Trade shall within thirty (30) days from 

the effective date of this Supplemental Code register with the Divisional Code Authority. All members of the Trade who may engage 

in the Trade thereafter shall likewise register with the Divisional 

Code Authority. Registration of a member of the Trade shall include the full name and mailing address of the member. The time 

limit for the registration by any member of the Trade may be extended whenever, in the opinion of the Administrator, the time 

limit as provided herein might cause an injustice to any member of 

the Trade. 

(g) The Executive Committee shall have such powers and duties 

as may be fixed by the Divisional Code Authority, subject to the 

ap]?.roval of the Administrator. 

(h) The Divisional Code Authority shall have the following 

duties and powers, in addition to those prescribed in the General 

Code, subject to review by the Administrator: 

(1) To appoint a Trade Practice Committee, which shall meet 

with the Trade Practice Committees appointed under such other 

Codes ( except Supplemental Codes to the General Code) as may be 

related to the Trade for the purpose of formulating Fair Trade 

Practices to govern the relationship between production and distribution employers under this Supplemental Code and under such 

others~ to the end that such Fair Trade Practices may be proposed to 

the Actministrator as an amendment to this Supplemental Code and 

such other Codes. 
8 

'(2) To appoint a Regional Committee in each o:f such regions and 

!'districts as the Divisional Code Authority may establish, to assist 

the Divisional Code Authority in administering this Supplemental 

Code and the General Code; provided, however, that nothing herein 

shall relieve the Divisional Code Authority of .its responsibilities as 

such. 

(3) To organize, elect officers, hire employees and per:form such 

other acts as may be necessary for the proper aclnnnistration of 

this Supplemental Code and the General Code. . ( 4) To study the Trade Practice provisions o:f this Supplemental 

Code and the operation thereof, and make such recommendations 

:from time to time, to the Administrator as it deems desirable :for 

modification or addition thereto. 

( 5) To obtain from members o:f the Trade such in:formation and 

reports as are required for the administration of this Supplemental 

· Code and the General Code. In addition to information required 

to be submitted to the General Code Authority and to the Divisional 

Code Authority, members of the Trade subject to this Supplemental 

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 Supplemental Code shall relieve any 

member of the Trade of any existing obligations to furnish reports 

to any governmental agency. No individual report shall be disclosed 

to any other member of the Trade or any other party except to such 

governmental agencies as may be directed by the Administrator. 

(6) To adopt by-laws and rules and regulations for its procedure. ! (7) 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 Divisional 

Code Authority of its duties or responsibilities under this Supplemental Code, and that such trade associations and agencies shall 

at all times be subject to and comply with the provisions hereof. 

(8) To appoint a special committee on overlapping which shall 

meet with trade practice committees and/or special committees 

on overlapping which may be appointed by the General Code Authority and/or by the Divisional Code Authorities administering 

other Codes of Fair Competition Supplemental to the Code of Fair 

Competition for the WholesalinO' or Distributing Trade covering 

kindred lin~s and/ or by the Code Authorities administering other 

Codes covering the wholesaling and distributing of kindred lines, 

for the purpose of formulating recommendations to be submitted 

to the respective Code Authorities and to the Administrator for such 

modifications of this Supplemental Code and/or such other Code 

or Codes as may be necessary to eliminate, insofar as possible, conflicts between the fair trade practice provisions of this Supplemental Code and the fair trade practice provisions of such other 

Code or Codes. , 

(9) To from time to time suggest modifications of and/or amendments to this Supplemental Code and to assent to such modifications 

and/ or amendments and to the Supplemental Code in its final form 

as modified and/or amended. 
9 

SECTION 2. Nothing contained in this Supplemental Code shall 

constitute the members of the Divisional Code Authority partners 

for any purpose nor shall any member or members of the Divisional 

Code Authority be liable in any manner to anyone for any act of 

any other member, officer, agent, or employee of the Divisional Code.1 

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

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

this Supplemental Code, except for his own wilful malfeasance or 

nonfeasance. 

SECTION 3. If the Administrator shall determine that any action 

of the Divisional Code Authority or any agency thereof may be 

unfair or unjust or contrary to the public interest, the Administrator 

may require that such action be suspended to afford an opportunity 

for investigation of the merits of such action and for further consideration by such Divisional 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. · 

SECTION 4. In order to support the administration of this Supplemental Code and to maintain the · standards of fair competition 

established by this Supplemental Code and to effectuate the .Policy 

of the Act, the Divisional Code Authority is authorized, subJect to 

the approval of the Administrator: 

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

proper for the foregoing purposes and to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of this Supplemental Code; 

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

such notice and opportunity to be heard as he may 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 

Trade; 

( c) After such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable contribution as above set forth by all such members of the Trade, and , 

to that end, if necessary, to institute legal proceedings therefor in its 

own name. 

( d) Each member of the Trade shall pay his or its equitable contribution to the expenses of the maintenance of the Divisional Code 

Authority, determined as hereinabove provided, and subject to rules 

and regulations pertaining thereto issued by the Administrator. 

Only members of the Trade complying with this Supplemental Code 

and contributing to the expenses of its administration as hereinabove provided, unless duly exempted from making such contributions, shall be entitled to participate in the select10n of members 

of the Divisional Code Authority or to receive the benefits of any 

of its voluntary activities or to make use of any emblem or insignia 

of the National Recovery Administration. 

(e) The Divisional Code Authority shall neither incur nor pay 

any obligation in excess of the amount thereof as estimated in it9 
10 

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. 

ARTICLE VII-TRADE PRACTICES 

SUPPLEl\IENTING ARTICLE VII OF THE GENER.AL CODE 

SECTION 1. No member of the Trade shall knowingly procure, by 

secret or unfair methods, any information concerning the business 

of such other member or the Trade which is properly regarded by 

the latter as a trade secret or confidential within the latter organization, other than information relating to a violation of any provisions 

of this Supplemental Code and the General Code. 

SECTION 2. No member of the Trade shall sell or substitute any 

material or product different in brand, kind, or quality from that 

specified by the purchaser thereof. 

SECTION ·3. No member of the Trade shall knowingly aid or abet 

. any person, firm, association, or corporation in any unfair trade 

practice, prohibited by any approved Code or Supplemental Code. 

SECTION 4. No member of the Trade shall make or give to any 

purchaser of any merchandise any guarantee or protection in any 

form against any decline in the market price of such product. 

SECTION 5. No member of the Trade shall, except with the consent 

of the Divisional Code Authority, accept returned merchandise for 

credit unless the customer is charged therefor in an amount not less 

than the cost incurred by such member in handling the returned 

goods; provided, however, that (a) this Section shall not apply to 

transactions in which the seller is at fault; and (b) in any State in 

which this Section may conflict with applicable State law, this Section shall not apply to the extent of such conflict. 

SECTION 6. No member of the Trade shall purchase scrap from 

customers at higher prices than the current mill schedules for scrap 

for the purpose of influencing or inducing the purchase by such 

~ustomers of mill products. 

SECTION 7. No member of the Trade shall submit any bid or invoice any sale unless each item is shown separately. An itemized 

invoice shall be rendered for each delivery and a copy thereof retained by the seller. 

SECTION 8. No member of the Trade shall ship or deliver any merchandise on consignment, except that under unusual conditions such 

consignment sales may be permitted by the Divisional Code 

Authority. 

SECTION 9. No member of the Trade shall use any subterfuge to 

frustrate the spirit and intent of this Supplemental Code and/or 

the General Code. · · 

SECTION 10. No member of the Trade shall compute quantity discounts and/or quantity extras on any other basis than that of the 

quantity shipped and/or billed to a single buyer . 

• 
11 

ARTICLE VIII-PERMISSIVE TRADE PRAOTIOES 

SUPPLEMENTING ARTICLE VIII OF THE GENERAL CODE 

SECTION 1. Each memoor of the Trade shall file with a contidentlal 

~nd disinterested agent 0£ the Divisional Code Authority or, if none, 

then with such an agent designated by the Administrator, identified 

lists 0£ all 0£ his prices, discounts, rebates, allowances, and all other 

terms or conditions 0£ sale, hereinafter in this Article r~£erred to as 

'price terms', which lists shall completely and accurately con-form 

to and represent the individual pricing practices of said member in 

each section or region in which he operates. Such lists shall contain 

the price terms for all such standard products of the Trade as are 

sold or offered £or sale by said member and for such non-standard 

products of said member as shall be designated by the Divisional 

Code Authority. Said price terms shall in the first instance be filed 

within twenty (20) days after the date of approval of this Supplemental Code. Price terms and revised price terms shall become eff ective immediately upon receipt thereof by said agent. Immediately 

upon receipt thereof, said agent shall by telegraph or other equally 

prompt means notify said member of the time of such receipt. Such 

lists and revisions, together with the effective time thereof, shall upon 

reGeipt be immediately and simultaneously distributed to all members of the Trade and to all of their customers who have applied 

therefor and have offered to defray the cost actually incurred by the 

Divisional Code Authority in the preparation and distribution 

thereof and oo available for inspection by any of their customers at 

the office of such agent. Said lists or revisions or any part thereof 

shall not be made available to any person until released to all members of the Trade and their customers as aforesaid; provided, that 

prices filed in the first instance shall not be released until the expiration of the aforesaid twenty (20) day period after the approval 

of this Supplemental Code. The Divisional Code Authority shall 

maintain a permanent file of all price terms filed as herein provided, 

and shall not destroy any part of such records except upon written 

consent of the Administrator. Upon request the Divisional Code 

Authority shall furnish to the Administrator or any duly designated 

agent of the Administrator copies of any such lists or revisions of 

price terms. 

SECTION 2. ,Vhen any member of the trade has filed any revisionr 

such member shall not file a higher price within forty-eight ( 48) 

hours. 

SECTION 3. No member of the Trade shall sell or off er to sell any 

product of the Trade, for which price terms have ooen filed 1:ursuant 

to the provisions of this Article, except in accordance with such 

price terms. 

SECTION 4. No member of the Trade 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 Trade 

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. 

SECTION 5. (a) Wilfully destructive price cutting is an unfair · methoi-1 of competition and is forbidden. Any member of the Trade 
12 

or of any other trade or industry or the customers of either may, at 

any time, complain to the Divisional Code Authority that any actual 

price constitutes unfair competition as destructive price cutting, imperilling small enterprises or tending toward monopoly or the 

impairment of code wages or working conditions. The Divisional 

Code Authority shall, within five days, afford an opportunity to th~ 

member making such price to answer such complaint and shall, 

within fourteen days, make a ruling or adjustment thereon. If such 

ruling is not concurred in by either party to the complaint, all papers 

shall be referred to the Research and Planning Division of N.R.A. 

which shall rend-er a report and recommendation thereon to the 

Administrator. 

(b) vVhen no declared emergency exists as to such products or any 

sp~cified part thereof, there is to be no fixed minimum basis :for 

prices. 

It is intended that sound cost estimating methods should be used 

and that consideration should be given to costs (including costs of 

wholesale distribution) in the determination of pricing policies. 

( c) To establish the basis of cost, the Divisional Code Authority 

may exercise its right at any time to call for supporting evidence of 

any sale price. The supporting evidence for any sale price shall be 

entirely confidential, and shall not be disclosed to any parties other 

than the Divisional Code Authority and/or such parties as the 

Administrator may designate. 

( d) When an emergency, by reason o:f unfair competitive practices or other conditions, exists in the Trade as to such products or 

any specified part thereof, sale below the stated minimum price of 

such products or such specified part thereof, in violation of Section 

6 hereo:f, is forbidden. 

SECTION 6. Emergency Provisions.-(a) If the Administrator, 

after ii:ivestig~ti~m, shall at any time find both (1) that an emerge~cy 

has arisen within the Trade, adversely affecting small enterprises 

or wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to defeat the purpose of the Act; and 

(2) that the finding of a basis for determining minimum prices for 

such products or any specified part thereof is necessary for a limited 

1 period, to correct the conditions constituting such emergency and to 'effectuate the :(lurposes o:f the Act, the Divisional Code Authority 

may cause an unpartial agency to investigate costs (including the 

costs of wholesale distribution) and to recommend to the Administrator a basis for determining minimum prices of the said products 

or the said specified part thereof affected by the emergency, and 

thereupon the Administrator may proceed to fix a basis for determining such minimum prices. 

(b) When the Administrator shall have fixed a basis for determining minimum prices for the said products or said specified 

part thereof f or a stated period, which prices shall be reasonably 

calculated to correct the conditions of such emergency and to effectuate the purposes of the Act, he shall publish the said basis. Thereafter, during such stated period, no member of the Trade shall sell 

such products at a net realized price below the minimum price determined upon the basis so fixed, and any such sale shall be deemed · destructive price cutting. From time to time the Divisional Code 
13 

Authority may recommend review or reconsideration or the Administrator may cause any determination hereunder to be reviewed or 

reconsidered, and appropriate action taken. 

SECTION 7. Each member of the Trade shall adopt and strictly 

maintain cash discounts and credit terms to be ~stablished 

by the Divisional Code Authority subject to the approval of the 

Administrator. 

ARTICLE IX-l\1omFIC.ATION 

This Supplemental Code and all the provisions thereof are expressly made subject to the right of the President in ac~ordance 

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, rules or regulations issaed ander Tit!s I 

of said Act. 

ARTICLE X-EFFEOTIVE DATE 

This Supplemental Code shall become effective on the tenth day 

after its approval by the Administrator. 

Approved Code No. 201-Supplement No. 21. 

Registry No. 1201--09. 

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UNIVERSITY OF FLORIDA 

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