Approved Code No. 84 — Supplement No. 30 Registry No. 1136—05 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MILK AND ICE CREAM CAN MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON MAY 17, 1934 WE CO CUR PART i ^ r > _ 1 U.S. DE oo2\- rcr/ 1 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C Price 5 cents T^iis publication is for sale by the SuDerintendent of Documents, Government Printing OflSce, Washington, D.C., and by district oflQces of the Bureau of Foreign and Domestic Commerce. 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. 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Approved Code No. 84 — Supplement No. 30 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MILK AND ICE CREAM CAN MANUFACTURING INDUSTRY As Approved On May 17, 1934 ORDER ApPRO^T:XG SuPrLEMENTART CoDE OF FaIR COMPETITION FOR THE Milk and Ice Cream Can Manufacturing Industry A DI^^SION 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 1 of Article VI of the Basic Code for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the Milk and Ice Cream Can Manufacturing 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 United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the Presi- dent, 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 Supplementary Code complies in all re- spects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Supplementary Code of Fair Competition be and it is hereby approved ; provided, however, that the provisions of Article V, Para- graph A, insofar as they provide that any existing price list shall remain in effect for a period of five (5) days following the filing of a revised price list, be and they hereby are stayed pending my further Order. Hugh S. Johnson, Administrator for Imlustrial Recovery. Approval recommended : A. R. Glancy, Division Administrator. Washington. D.C, May 17, 1931^. 00076° 544-84 34 (1) REPORT TO THE PRESIDENT The President, The White House. Sir : This is a report on the Supplementary Code of Fair Compe- tition for the Milk and Ice Cream Can Manufacturing Industry, a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, the hearing having been conducted thereon in Washington, D.C., December 19, 1933, in accordance with the provisions of Title I of the National Indus- trial Recovery Act. GENERAL STATEMENT The Milk and Ice Cream Can Manufacturing Industry, being truly representative of this division of the Fabricated Metal Prod- ucts Manufacturing and Metal Finishing and Metal Coating Indus- try, has elected to avail itself of the option of submitting a Supple- mentary Code of Fair Practice, as provided for in Section 1 of Article VI of the Basic Code, for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved by you on the second day of November, 1933. RESUME 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 Metal Finishing and Metal Coating Industry and the labor provisions of its Basic Code, as approved November 2, 1933, are the labor provisions of this Supplementary Code. Article IV establishes a Supplementary Code Authority consisting of three members, and gives the Administrator the authority to ap- point one additional member without vote and provides machinery for obtaining statistics and the administration of the Supplementary Code. Article V sets forth the unfair trade practices of this Supple- mentary Code which has been especially designed to offset unfair competition in this division of the Industry. Article VI contains the mandatory provisions contained in Section 10 (b) and also provides for the submission of proposed amend- ments to the Supplementary Code. Article VII provides against monopolies and monopolistic prac- tices, and recognizes that price increases except such as may bo required to meet individual costs should be delayed. (2) Article VIII states the effective date and duration of this Supple- mentary Code. FINDINGS The Deputy Administrator in his final report to me on said Supple- mentary Code having found as herein set forth and on the basis of all the proceedings in this matter : I find that : (a) Said Supplementarj' Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza- tion of industrj^ for the purposes of cooperative action among the trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and super- vision, by eliminating unfair competitive practix^es, by promoting the fullest possible utilization of the present productive capacity of in- dustries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of indus- trial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards oi labor, and by otherwise rehabilitating industry. (b) Said Industry normally emploj^s not more than 50,000 em- ployees; and is not classified by me as a major industry. (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 group is an industrial group truly representative of the aforesaid Industry ; and that said association imposes no inequitable restrictions on admission to membership therein. (d) The Supplementary 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 dis- criminate 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 Supplementary Code. For these reasons, therefore, I have approved this Supplementary Code. Respectfully, Hugh S. Johnson, A dniinistra tor. Mat it, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MILK AND ICE CREAM CAN MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Article I — Purposes To effectuate the i>olicy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supple- mentary Code of Fair Competition for the Milk and Ice Cream Can Manufacturing In(histry. pursuant to Article VI of the Basic Code of Fair Competition for the Fabricated Metal Products Manu- facturing and Metal Finishing and Metal Coating Industry approved by the President of the United States on the second day of November 1933, and the provisions of this Supplementary Code shall be the standards of Fair Competition for such Industry and shall be binding upon every member thereof. Article II — Definitions The term " Milk and Ice Cream Can Manufacturing Industry ", hereinafter referred to as the Industry, is defined to mean the manu- facture for sale of tinned steel railroad shipping milk cans and tinned steel hand-delivery milk cans used in the transportation and dispensing of milk and cream ; also, tinned steel ice cream cans used in the transportation and dispensing of ice cream ; all the above to be made of 22 gauge or heavier steel and to be tinned after forming. The term " member of the Industry " as used herein, includes, but without limitation, any individual, partnership, associ/tion, corpora- tion or other form of enterprise engaged in the Industry either as an employer or on his or its own behalf. The terms " President ", "Act ", and "Administrator " as used here- in shall mean, respectively, the President of the United States, Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery under Title I of said Act. The term " Basic Code " as used herein is defined to mean the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, as approved by the President on the second day of November 1933. The term " Basic Code Authority " as used herein is defined to moan the Executive Committee of the Fabricated Metal Products Federation. The term " Institute " as used herein is defined to mean the Milk and Ice Cream Can Institute, or its successor. The term " Supplementary Code Authority " as used herein is defined to mean the agency which is to administer this Supplementary Code, as hereinafter provided. (4) The term " Duly Authorized Agent " or "Agent " of the Supple- mentary Code Authority, as used herein, is defined to mean the commissioner of the Milk and Ice Cream Can Institute, or his suc- cessor in office, or such other person as the Supplementary Code Authority may designate. Said agent, in order to qualify as such, shall be entirely free from any interest in or connection with any company engaged in the manufacture or sale of the products of the Industry. The term " Federation " as used herein is defined to mean the Fabricated Metal Products Federation or its successor. Article III — Employment Provisions This Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry andj without limitation, the wage, hour and labor provisions in Article III of its Basic Code as approved by the President on Novem- ber 2, 1933, including Section 1 of said Article III by which the provisions of Subsections (1), (2) and (3) of Section 7 (a) of Title I of the Act are made conditions of the Code, are specifically in- corporated herein and made a part hereof as the wage, hour and labor provisions of this Supplementary Code. Article IV — Organization and Adisiinistration Section 1. During the period not to exceed sixty (60) days fol- lowing the effective date, the duly authorized agent shall constitute a temporary Supplementary Code Authority until the Supplemen- tary Code Authority, consisting of three (3) members, is elected by the members of the Industry assenting to this Supplementary Code, as hereinafter provided, at a meeting called by the temporary Sup- plementary Code Authority upon ten (10) days' notice sent by registered mail to all members of the Industry whose names may be ascertained after a diligent search, who may vote either in person or by proxy. The members of the Supplementary Code Authority shall serve for a period of one year from the date of their election, and subsequent elections shall be on the same basis as above pro- vided. Immediately after the annual election of said Supplementary Code Authority, the members therein shall appoint a duly author- ized agent to administer the provisions of this Supplementary Code. The members of the Supplementary Code Authority shall be elected in the following manner : 1. One member, who shall be a member of the Industry, not a member of the Institute (provided there are such members of the Industry wdio are not members of the Institute), to be elected by a majority vote of the qualified members of the Industry who are not members of the Institute present in person or by proxy, each member to have one vote. Such one member to be nominated by the members of the Industry who are not members of the Institute. 2. Two members, who are members of the Industry and members of the Institute, to be elected by a majority vote of the qualified members of the Industry, who are members of the Institute, present in person or by proxy, each member to have one vote. Such two members to be nominated by the members of the Institute. 3. A vacancy in the membership of the Supplementary Code Authority may be filled by a majority vote of the remaining mem- bers of the Supplementary Code Authority. The member of the Supplementary Code Authority who is chosen to fill such vacancy shall be elected from the class of membership in which the vacancy has occurred. 4. In addition thereto the Administrator may appoint a member of the Supplementary Code Authority without vote. The repre- sentative who may be appointed by the Administrator shall be given reasonable notice of, and may sit at all meetings of the Sup- plementar}^ Code Authority. Section 2. The Trade Association directly or indirectly partici- pating in the selection or activities of the Supplementary Code Authority shall 1. Impose no inequitable restrictions on admission to membership. 2. Submit to the Administrator true copies of their Articles of Association, By-Laws, Regulations and any Amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem neces- sary to effectuate the purpose of the Act. Section 3. In order that the Supplementary Code Authority shall at all times be truly representative of the Industry, and in other respects comply with the provisions of the Act, the Administrator may prescribe such hearings as he may deem proper; and thereafter if he shall find that the Supplementary Code Authority or its agent is not truly representative, or does not in other respects comply with the provisions of the Act, may require an appropriate modification of the method of selection of the Supplementary Code Authority. Section 4. (1) It being found necessary to support the Adminis- tration of this Supplementary Code, in order to effectuate the policy of the Act and to maintain the standards of fair competition estab- lished hereunder, the Supplementary Code Authority is authorized: (a) To incur such reasonable obligations as are necessary and proper for the foregoing purposes and to meet such obligations out of funds which shall be held in trust for the purposes of tlie Supple- mentary Code and raised as hereinafter provided; (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 oi 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 all members of the Industry entitled to the benefits accruing from the maintenance of sucn standards, and the administration thereof; (c) After such budget and basis of contribution have l)een ap- proved by the Administrator, to determine and collect equitable contributions as above set forth, and to tliat end, if necessarj^ to institute legal proceedings therefor in its own name. (2) Each member of the industry shall be liable for his or its equitable contribution to the expenses of the maintnance of the Supplementary Code Authority as hereinabove provided. Only members of the industry complying with the Supplementary Code and making such contribution shall be entitled to participate in the selection of the members of the Supplementary Code Authority or to receive the benefits of its voluntary activities or to make use of any N.R.A. insignia. Section 5. The Supplementary Code Authority shall have the following further powers and duties: (a) To insure the execution of the provisions of this Supple- mentary Code. (b) To obtain from the members of the Industry such information and reports as the Supplementary Code Authority may reqiure for the administration of this Supplementary Code, and to provide for submission to the Administrator by members of the Industry of such information and reports as may be necessary for the purposes recited in Section 3 (a) of the Act; provided that nothing in this Supplementar}^ Code shall relieve any members of the Industry of any existing obligations to furnish reports to any Government agency. No individual reports shall be disclosed to any members of the Industry or to anyone other than the Administrator or his duly authorized representative, and as hereinafter provided. (c) To use such agencies as it deems proper for the carrying out of any of the activities provided for herein; provided that nothing herein shall relieve the Supplementary Code Authority of its duties or responsibilities under this Supplementary Code, and that such agencies shall at all times be subject to and comply with the pro- visions hereof. (d) To make recommendations to the Administrator for the co- ordination of the administration of this Supplementary Code with such other codes, if any, as may be related to the Industry. (e) To cooperate with the Administrator in regulating the use of any NUA insignia solely by those members of the Industry who have assented to and are complying with this Supplementary Code. (f) To furnish from time to time to the Basic Code Authority designated in said Basic Code such information as may be required to be furnished under the terms of the Basic Code. Section 6. To the extent permitted by the Act, and pursuant to such rules and regulations as the Administrator may prescribe, any and all information furnished to the Supplementary Code Authority by any members of the Industry pursuant to the provisions of the Supplementary Code, shall be subject to verification by an impar- tial agent appointed by the Supplementary Code Authority, and each member of the Industry shall furnish to such impartial agent so much of his pertinent books, accounts and records as may be re- quired to verify the accuracy of the information submitted. Section 7. Every employer shall provide for the safety and health of employees during the hours and at the place of their employment. Standards for safety and health shall be submitted by the Code Au- thority to the Administrator within six (6) months after the effective date of the Supplementary Code. Section 8. Complaints made by members of the Industry to the agent of the Supplementary Code Authority of alleged violations of any of the provisions of this Supplementary Code, shall be in writing. 8 In the event of a complaint ^eing rej^istercd aoainst any corporate member of the Industry alloo:ing a violation of this Supplementary Code, tlie Sup])lementary Code Authority may cause an investigation to be made by a person mutually agreed upon by the Supplementary Code Authority and the member of the Industry against whom the complaint is filed, or if Ihey are unable to agree within a reasonable time, by a disinterested person appointed by the Administrator upon request by the Supplementary Code Authority. The Supplementary Code Authority may require the member complained against to file with such investigator within such reasonable time after receipt of a copy of the complaint as the Supplementary Code Authority shall determine, an answer to such complaint accompanied by supporting data. Both answer and data shall be verified by affidavit. The in- vestigator may examine so much of the i:)rove after thirty days' notice to him of intention to proceed with such action in the original or modified form. Section 11. After a six (6) months' trial period, in case any provision of the Supplementary Code shall impose an unusual or undue hardship on any member of the Industry, such provision ma}' be suspended, for review, for a period of sixty (60^ days by the Supplementary Code Authority, with the apjiroval ot the Adminis- trator. After the review, hearings may be held by the Administrator to modify the provision in question. Article V — Rules or Fair Coimpetition in MANUFACTLniiNG and Marketing (Supersedini,' all Trade Practices set fortli in Article V of the Basic Code) Any member of the Industry who shall directly or indirectly through any officer, employee, agent, or representative, fail to comply with any oi the following' rules of Fair Competiti(m in jNIanufactur- ing and' Marketing shall be deemed to have violated this Supple- mentarv Code. 9 A, No products of the Industry, in whole or in part, shall be sold or exchanged at prices less than the Seller's cost of such prod- ucts; such cost to be based on a formula which shall be at least as detailed and complete as the formula to be prepared by the Supplementar}^ Code Authority and approved by the Administra- tor; provided, however, that upon five (5) days' notice to the Agent of the Supplementary Code Authority, any member of the Industry may sell below his costs, in order that he may meet competitive prices on articles of similar stjde, grade and/or specification filed in accordance with the provisions of this section. When the Supplementary Code Authority determines that an emergency exists in this Industry and that the cause thereof is de- structive 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 deter- mined the lowest reasonable cost of the products of this Industry, such determination to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, dis- 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 sell any products of the Industry for which the lowest reasonable cost has been determined at such prices or upon such terms or conditions of sale that the buyer will pay less therefor than the lowest reasonable cost of such products. When it appears that conditions have changed, the Supplementary Code Authority, upon its own initiative or upon the request of any interested party, shall cause the determination to be reviewed. All members of the Industry shall, within ten (10) days after the effective date of this Supplementary Code, publish for the benefit of all interested parties and file with the Agent of the Supplementary Code Authority price lists setting forth the prices, terms, and other conditions at which they will sell the products of the Industry to the several classes of trade. Said price lists and any revisions thereof shall be made available to all interested parties. Each manufacturer's existing price list shall remain in effect for a period of five (5) days following the filing of a revised price list and upon the filing of such revised list by any member of the Industry, the Agent of the Supplementary Code Authority shall immediately furnish copies of such revised list to all other members of the Industry. Any other member or members of the Industry desiring to file revised lists to become effective on the same date may do so provided that the prices set out in such revised lists are not lower than those in the first revised list filed and that they are filed prior to said effective date. When filing price lists, as set forth in this Section A, a sufficient number of lists shall be furnished to the Agent of the Supplementary Code Authority to enable him to supply a copy to each member of the Industry, and in addition thereto six (6) copies for the use of the Agent of the Supplementary Code Authority. Nothing in this Section A contained shall prevent the sale of " seconds " or cans of ol)solete pattern on any basis formulated by the Supplementary Code Authority and approved by the Administrator. 10 All such proposed sales shall be reported to the Supplementary Code Authoritj' and shall be reported by it to all members of the Industry.' B. Withholding from, or inserting in, any invoice a false record, wholly or in part, of the transaction represented on the face thereof, and the paj^ment or allowance of secret rebates, secret refunds, secret credits, unearned discounts (whether in the form of money or other- wise), or the extension to certain purchasers of prices, services, or privileges not extended to all other purchasers in the same class of trade, except as prices may be affected by differences in quality, quantity in any one shipment, and/or transportation cost, are unfair trade practices. In order to prevent discrimination, a definite classification of trade shall be created as soon as practicable after the effective date of this Supplementary Code and, for the purposes of this Supplementary Code, the following definitions are established : JOBBER OR WHOLESALER A jobber or wholesaler is defined to mean, but without limitation, an individual, firm, partnership, corporation, association, or other form of enterprise organized lor profit who or which sells to processors and marketers of dairy products and other trade outlets. Such individual, firm, partnership, corporation, association, or other form of enterprise must also assume the credit risk of his or its sales and have at least the following facilities : (a) A warehouse and the necessary facilities for operating same. (b) An adequate stock of milk and/or ice cream cans to serve the trade in the territory which he or it covers. RETAILER A retailer is defined to mean, but without limitation, any individ- ual, firm, partnership, corporation, association, or other form of enterprise organized for profit who or which does not come within the above definition but who or which does not manufacture milk and/or ice cream cans but sells milk and/or ice creams cans for profit. CONSUMER A consumer is defined to mean, but without limitation, any indi- vidual, firm, partnership, corporation, association, or other form of enterprise who or which buys milk and/or ice cream cans for use by himself or itself or his or its patrons. Nothing in this Section B shall be construed by any member of the Industry as a device for maintaining resale prices. C. To de:fame or disparage a competitor directly or indirecth'^, by words or acts which untruthfully impugn his busmess integrity, his ability to keep his contracts, his credit standing, or the quality of his products, is an unfair trade practice. D. To imitate or simulate the trade mark, trade name, package, wrapper, or label of a competitor's product to such a degree as to * See paragraph 2 of order approving tills Code. 11 deceive or have a tendency to deceive customers is an unfair trade practice. E. To give, permit to be given, or directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent or representative of another in relation to the business of the employer of such employee, the principal of such agent or the represented party, without the knowledge of such em- ployer, principal or party, is an unfair trade practice. Provided, however, that nothing in this Section contained shall be so con- strued as to prohibit free and general distribution of articles com- monly used for advertising, except so far as such articles are actually used for commercial bribery as hereinabove defined. F. The false marking or branding of any product of the Industry which has the tendency to mislead or deceive customers or prospec- tive customers, whether as to the grade, quality, quantity, substance, character, nature, origin, size, finish, or preparation of any product of the Industry, or otherwise, is an unfair trade practice. G. The making, or causing, or knowingly permitting to be made or published any false, materially inaccurate, or deceptive statement, by way of advertisement or otherwise, whether concerning the grade, quality, quantity, substance, character, nature, origin, size, finish, or preparation of any product of the Industry, or the credit terms, values, policies, or services of any member of the Industry, or other- wise, having the tendency or capacity to mislead or deceive customers or prospective customers, is an unfair trade practice. H. All members of the Industry, when selling on a time-contract basis, shall use a standard form of sales contract which shall include maximum and minimum quantities (with the maximum quantity being no greater than twenty-five (25) percent above the minimum quantity), definite terms of time coverage, adequate description of the product and all other items necessary to form a complete, un- ambiguous agreement between seller and buyer; said standard form of sales contract to be subject to the approval of the Administrator. I. All members of the Industry shall confirm to prospective buy- ers in writing all verbal contractual quotations within five (5) days so that definite evidence of such quotations may be on record, and such confirmations must embody all terms and considerations of the proposal. No additional verbal understandings shall be entered into. J. Inducing, or attempting to induce, the breach of any contract between a competitor and his customer, or the repudiation of con- tracts or the acceptance of repudiations of contracts, are unfair trade practices. K. Shipping goods on consignment is an unfair trade practice. The term " consignment ", as used in this Section, means the sup- plying of goods to a consignee for use or sale by the consignee under any contract, agreement, or understanding whereby title to the goods remains in the consignor until such time as they are withdrawn from the consigned stock and/or used or sold by the consignee, and under which no liability for the purchase price of said goods arises on the part of the consignee until such withdrawal and/or use or sale by him. L. The terms of payment of the Industry shall not be in excess of two (2) percent for cash in ten (10) days, net thirty (30) days, 12 from date of invoice and date of invoice shall be no later than date of shipment; provided, however, that in cases where numerous in- voices are rendered to a customer during a month, thos© invoices dated from the first to the fifteenth of a month inclusive may be discounted on the 25th of the same month and invoices dated from the IGth to the end of a month inclusive may be discounted on the 10th of the next following month. M. The giving of any guarantee against decline in price, except as against the seller's OAvn decline up to date of shipment, is an unfair trade practice. Article VI — Modifications Section 1. This Supplementary Code and all the provisions there- of are expressly made subject to the right of the President, in accord- ance with the provisions of sub-section (b) of Se-ction iO of the Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under said Act. Section 2. This Supplementary Code, except as to provisions re- quired by the Act, may be modified and/or amended on the basis of experience or changes in circumstances, such modifications and/or amendments to be based upon application by the Supplementary Code Authority or other representative group within the Industry to the Administrator and such notice and hearing as he shall specify and to become effective as part of this Supplementary Code on aj)- proval by the President and/or the Administrator. Article VII — Monopolies Section 1. No provision of this Supplementary Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. Section 2. Whereas the policy of the Act to increase real purchas- ing power will be made more difficult of consummation if prices of goods and services increase as rapidly as wages, it is recognized that l^rice increases except such as may be required to meet individual cost should be delayed, but when made sucn increases should, so far as possible, be limited to actual additional increases in the seller's costs. Article VIII — Effective Date and Duration This Supplementary Code shall become effective at 12:01 o'clock A. M. on the tenth day after it is approved by the President and shall continue in effect until June IC, 1935, or the earliest date prior thereto on which the President shall, by proclamation, or the Con- gress shall, by joint resolution declare that the emergency recognized by Section 1 of the National Industrial Recovery Act, has ended. Approved Codo No. 84 — Supplement No. 30. Registry No. 11304)5. o UNIVERSITY OF FLORIDA lilililllilllllliil 3 1262 08856 0973