Approved Code No. 84 — Appendix No. 1 
 
 Registry No. 1122—22 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 CODE APPENDIX 
 
 FOR THE 
 
 FLY SWATTER 
 MANUFACTURING INDUSTRY 
 
 (A Subdivision of the Fabricated Metal Products 
 
 Manufacturing and Metal Finishing 
 
 and Metal Coating Industry) 
 
 AS APPROVED ON SEPTEMBER 7, 1934 
 
 WE DO OUR PART 
 
 UNIV. OF FL Lit. 
 
 r 
 
 U.S. BliPOWTORY 
 
 UNITED STATES 
 
 GOVERNMENT PRINTING OFFICE 
 
 WASHINGTON: 1934 
 
 For sale by the Superintendent of Documents, Washington, D.C. ---..--- Price 5 centa 
 
This publication is for sale by tlie Superintendent of Documents, Government 
 Printing Office, Washington, D.C., and by district offices of the Bureau of 
 Foreign and Domestic Cv)mmerce. 
 
 DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 
 
 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, 111. : Suite 170G, 201 North Wells Street. 
 Cleveland, Ohio: Chamber of Conmierce. 
 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. : 1103 South Broadway. 
 Louisville, Ky. : 408 Federal Building. 
 Memphis, Tenn. : 229 Federal Building. 
 Minneapolis, Minn. : 213 Federal Building. 
 New Orleans, La. : Room 225-A, Customhouse. 
 New York, N.Y. : 734 Customhouse. 
 Norfolk, Va. : 406 East Plume Street. 
 Philacelphia, Pa. : 422 Commercial Trust Building. 
 Pittsburgh, Pa. : Chamber of Commerce Building. 
 Portland, Ores;.: 215 New Post Office Building. 
 St. Louis, Mo. : 506 Olive Street. 
 San Francisco, Calif. : 310 Customhouse. 
 Seattle, Wash. : SOi) Federal Office Building. 
 
Approved Code No. 84 — Appendix No. 1 
 APPENDIX 
 
 FOR THE 
 
 FLY SWATTER MANUFACTURING INDUSTRY 
 
 As Approved on September 7, 1934 
 
 ORDEE 
 
 Approving Appendix for the Fly Swatter MANUFACTURiNa 
 
 Industry 
 
 a subdivision of the fabricated metal products manufacturing 
 and metal finishing and metal 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 4 of Article IV of the Code of Fair Competi- 
 tion for the Fabricated Metal Products Manufacturing and Metal 
 Finishing and Metal Coating Industry, approved November 2, 1933, 
 as amended June 1, 1934, for approval of Appendix No. 1 establish- 
 ing trade practice provisions for the Fly Swatter Manufacturing 
 Subdivision of said Industry, and Notice of Opportunity to be Heard 
 having been duly publicized, and no objections having been received 
 thereon; and the annexed report on said Appendix No. 1 to 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, 1, 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 Appendix No. 1 to said Code 
 complies in all respects with the pertinent provisions and will pro- 
 mote the policy and purposes of said Title of said Act ; and do hereby 
 order that said Appendix No. 1 of said Code of Fair Competition 
 be and it is hereby approved ; provided, however, that the provisions 
 of Section 8, insofar as they prohibit allowances for advertising, be 
 and they hereby are stayed pending my further order. 
 
 Hugh S. Johnson, 
 Administrator for Industrial Recovery. 
 
 Approval recommended : 
 Barton W. Murray, 
 
 Div isio n A dministrator. 
 
 Washington, D.C, 
 
 Septeviher 7, 1931^. 
 
 84633° 1181-21 34 (1) 
 
REPORT TO THE PRESIDENT 
 
 The President, 
 
 The White House. 
 Sir : This is a report on Appendix No. 1 to the Code of Fair Com- 
 petition for the Fabricated Metal Products Manufacturing and Metal 
 Finishing and Metal Coating Industry, approved on November 2, 
 1933, and as amended on June 1, 1934. 
 
 GENERAL STATEMENT 
 
 The Fly Swatter Manufacturing Industry, being truly representa- 
 tive of this subdivision of the Fabricated Metal Products Manufac- 
 turing and Metal Finishing and Metal Coating Industry, has elected 
 to avail itself of the option of operating under the Code for the 
 Fabricated Metal Products Manufacturing and Metal Finishing and 
 Metal Coating^ Industry, as amended .<on June 1, 1934, with the as- 
 sistance of additional fair trade practice provisions. 
 
 RESUME OF THE APPENDIX 
 
 Section 1 accurately defines the term " Fly Swatter Manufacturing 
 Subdivision ". 
 
 Section 2 set^; up a governing body consisting of members of the 
 Subdivision. 
 
 Section 3 provides for methods of setting up and revising price 
 terms, and provides against actions which cause influences incon- 
 sistent with the maintenance of a free and open market. 
 
 Section 4 provides against shipments on consignment, except 
 under peculiar circumstances. 
 
 Section 5 provides against sales with the privilege of return. 
 
 Section 6 provides against sales of commodities other than products 
 of this subdivision for the purpose of influencing a sale of a product 
 of this subdivision at prices below the invoice price plus all incidental 
 costs of such products. 
 
 Section 7 provides against the giving of prizes or gifts by any 
 scheme which involves lottery, misrepresentation or fraud. 
 
 Section 8 provides against allowances for special sales, special 
 swatters or for adA^ertising. 
 
 Section 9 provides against the use of premiums which involve 
 commercial bribery, lottery in any form, misrepresentation, fraud or 
 deception in any form, and discrimination as between customers of 
 the same class or same trade area. 
 
 Section 10 provides against the distribution of samples unless 
 charged for at not below regular jobbing prices plus transportation 
 charges. 
 
 Section 11 sets up rates of sales discounts for the products of the 
 subdivision, and provides for post-dating of orders shipped during 
 the first quarter of the year. 
 
 (2) 
 
Section 12 provides against guarantees or protection against mar- 
 ket decline. 
 
 Section 13 provides against the employment of a salesman or dis- 
 tributor M'ho is employed by or associated with (on a salary or 
 other compensation basis) trade buyers, buying groups or jobbers 
 who deal in fly swatters. 
 
 Section 14 states the effective date of the Appendix. 
 
 FINDINGS 
 
 The Assistant Deputy Administrator in his final report to me on 
 said Appendix No. 1 to said Code having found as herein set forth 
 and on the basis of all the proceedings in this matter : 
 
 I find that : 
 
 (a) Said Appendix No. 1 to said Code is well designed to promote 
 the policies and purposes of Title I of the National Industrial Re- 
 covery 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 adeq^uate governmental sanctions and super- 
 vision, 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 jDroducts 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 employ- 
 ees; and is not classified by me as a major industry. 
 
 (c) The Appendix No. 1 to said 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 an association truly representative 
 of the aforesaid Industry; and that said association imposes no 
 inequitable restrictions on admission to membership therein. 
 
 (d) The Appendix No. 1 to said Code is not designed to and will 
 not permit monopolies or monopolistic practices. 
 
 (e) The Appendix No. 1 to said 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 Appendix No. 1 of said Code, 
 
 For these reasons, therefore, I have approved this Appendix No. 1 
 of said Code. 
 
 Respectfully, 
 
 Hugh S. Johnson, 
 
 A dministrator, 
 
 SEPTEaiBER Y, 1934. 
 
CODE APPENDIX FOR THE FLY SWATTER 
 MANUFACTURING INDUSTRY 
 
 A Subdivision of the Fabricated Metal Products Manufacturing 
 AND Metal Finishing and Metal Coating Industry 
 
 Pursuant to Section 4 of Article IV, as amended on June 1, 1934, 
 of this Code the following are established as additional trade prac- 
 tice provisions and any member of the Fly Swatter Subdivision who 
 directly or indirectly through any officer, employer, agent or rep- 
 resentative violates or evades any of these trade practice provisions 
 shall be guilty of violation of this Code : 
 
 Section 1. The term " Fl}^ Swatter Manufacturing Subdivision " 
 is defined to mean and include the manufacture for sale of fly 
 swatters. 
 
 Section 2. The members of this subdivision shall set up a govern- 
 ing body consisting of as many members as may be determined by 
 and in a manner satisfactory to the Code Authority or the Admin- 
 istrator. 
 
 Section 3. (a) Each member of the subdivision shall file with a 
 confidential and disinterested agent of the governing body or, if 
 none, then with such an agent designated by the Code Authority 
 subject to the disapproval of the Administrator, identified lists of all 
 his prices, discounts, rebates, allowances, and all other terms or 
 conditions of sale including premiums, hereinafter in this Article 
 referred to as price terms which lists shall completely and accurately 
 conform to and represent the individual pricing practices of said 
 member. Such lists shall contain the price terms for all such stand- 
 ard products of the subdivision as are sold or offered for sale by said 
 member and for such non-standard products of said member as 
 shall be designated by the governing body. Said price terms shall 
 in the first instance be filed within twenty days after the date of 
 approval of this provision. Price terms and revised price terms 
 shall become effective immediately upon receipt thereof by said 
 agent. Immediately upon receipt thereof, said agent shall by tele- 
 graph 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 receipt be immediately and simul- 
 taneously distributed to all members of the subdivision and to all 
 of their customers who have applied therefor and have offered to 
 defray the cost actually incurred by the governing body in the 
 l^reparation and distribution thereof and be available for inspec- 
 tion 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 subdivision and their 
 customers, as aforesaid; provided, that prices filed in the first in- 
 stance shall not be released until the expiration of the aforesaid 
 
 (4) 
 
twenty-day period after the approval of this provision. The gov- 
 erning boay 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 governing body shall furnish to the Administrator or any duly 
 designated agent of the Administrator copies of any such lists or 
 revisions of price terms. 
 
 (b) When any member of the subdivision has filed any revision, 
 such member shall not file a higher price within forty-eight hours. 
 
 (c) No member of the subdivision shall sell or offer to sell any 
 products of the subdivision for which price terms have been filed 
 pursuant to the requirements of this provision, except in accordance 
 with such price terms. 
 
 (d) No member of the subdivision 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 subdivision 
 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 provision to create. 
 
 Section 4. No member of the subdivision shall ship goods on con- 
 sigTiment except under circumstances to be defined by the governing 
 body and approved by tlie Administrator, where peculiar circum- 
 stances of the subdivision require the practice. 
 
 Section 5. No member of the subdivision shall sell or offer to 
 sell any products of the subdivision with the privilege of return, 
 nor accept the return of any products of the subdivision delivered 
 on a bona fide order, provided, however, that the provisions of this 
 section shall not apply to sales or deliveries of goods which are de- 
 fective, or not in accord with the specifications of the order under 
 which they were sold and delivered, or other conditions where the 
 member of the subdivision is at fault. 
 
 Section 6. No member of the subdivision shall sell or offer to sell 
 commodities other than products of this subdivision for the purpos3 
 of influencing a sale of a product of this subdivision at prices below 
 the invoice price plus all incidental costs of such products. If and 
 when the products of this subdivision are sold in combination with 
 products of other industries, the invoice must clearly show the unit 
 price for each article listed. 
 
 Section 7. No member of the subdivision shall offer or give prizes 
 or gifts in connection with the sale or exchange of products of this 
 subdivision or as an inducement thereto, by any scheme which in- 
 volves lottery, misrepresentation or fraud. 
 
 Section 8. No member of the subdivision shall make allowances [o 
 customers in any form for special sales, or make allowances for 
 special swatters, and special or extraordinary sales events, or make 
 allowances for advertising. 
 
 Section 9. No member of the subdivision shall use premiums in 
 the following ways: 
 
 (a) In any way which will involve commercial bribery in any 
 form. 
 
 (b) In a way which involves lottery in any form. The term 
 " lottery " shall be construed to include, but without limitation, any 
 plan or arrangement whereby the premiums offered differ substan- 
 
UNIVERSITY OF FLORIDA 
 
 3 1262 08855 7771 
 
 tially in value from customer to customer of the same class, except 
 as a result of differences in quantities purchased. 
 
 (c) In vi'SLjs which involve misrepresentation, or fraud or decep- 
 tion in any form including, but without limitation, the use of the 
 words " free ", " gift ", " gratuity " or language of similar import in 
 connection with giving of premiums for the purpose or with the 
 effect of misleading or deceiving customers. 
 
 (d) The giving of premiums to any customer when such premiums 
 are not offered to all customers of the same class, in the same trade 
 area. 
 
 Sectiox 10. No member of the subdivision shall distribute samples 
 to jobbers for the use of their salesmen unless charged for at not 
 below regular jobbing prices plus transportation charges. 
 
 Section 11. No member of the subdivision shall allow a discount 
 for cash greater than 2% in ten days from date of shipment. Orders 
 received for shipment during January, February and March may 
 be given May 1 dating, provided customer permits shipment at the 
 seller's convenience during the period from January 1 to April 1. 
 A pre-payment discount on such shipments may be allowed at a rate 
 not to exceed 6% per annum. 
 
 Section 12. No member of the subdivision shall make or give 
 to any purchaser of fly swatters, any guarantee or protection against 
 decline in the market of such products. 
 
 Section 13. No member of the subdivision shall employ as a sales- 
 man, broker, agent or distributor any person who is directly or 
 indirectly employed by or associated with any trade buyer, or group 
 of buyers, or so-called syndicate of wholesale grocers, or other jobbers 
 (any of whom deal in fly swatters), on a salary or any other compen- 
 sation basis. 
 
 Section. 14. This Appendix shall become effective ten (10) days 
 after its approval by the Administrator. 
 
 Approved Code No. 84 — Appendix No. 1. 
 Registry No. 1122-22. 
 
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