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Approved Code No. 40--Amendment No. 2
Registry No. 699--1--05
NATIONAL RECOVERY ADMINISTRATION
CODE OF ]FAIR COMnPETITIONJ
ELECTRIC STORAGE AND
WTET PRIMARY BATTERY
AS APPROVED ON DECEMBER 20, 1984
WE DO QUR PARC
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Approved Code No. 40--Amendment No. 2
AMENDMENT1 TO CODE% OF F'AIIR COMPETITION
IE~LECT~RIC STIORAI5GIE: AND W)IET PRIMARY BICATTER'Y
As Approved on December 20, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THEIR
ELECTRIC STORAGE AND) WET PRIMARY BATTERY INDUSTRY
An application having been duly made pursuant to and in full
compliance with thae provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amendment
to the Code of Fair Competition for the `Electric Storage and Wet
Primary Battery Industry, and an opportunity to be heard having been
noticed to all interested persons, and no objections having been filed,
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOW, TH-EREFOR1E, on behalf of the President of the Unitedi
States, the National Industrial Recovery Board, pursuant to authlority
vested in it by Executive Orders of the President, including Executive
Order No. 6859, and otherwise, does hereby incorporate, by reference,
said annexed report and does find that said amendment and the Code
as constituted after being amended comply in. all respects with thie
pertinent provisions and will promote the policy and purposes of said
Title of said Act, and does hereby order that said amendment be and
it is hereby approved, and that the previous approval of said Code is
hereby amended to include an approval of said Code in its entirety
as .amended, such approval and such amendment to take effect ten
(10) days from the date hereof, unless good cause to the contraryT is
shown to the National Industrial Recovery Board before that time
and the ~National Industrial Recovrery Board issues a subsequent
order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
B~y W. A. HARRIMAN, AnTlR'inffraXtice OFie,
]BARTON W. MUJRRAYI,
WASHAINGTON, D). C.,
December SO0, 1984b.
REPORT TO TH3E PRESIDENT
The White HYouse.
Sta: This is a report on an amendment to the Code of Fair Compe-
tition for the Electric Storage and Wiet Primary Battery Industry,
submitted by the Code Authority for the said Industry. Notice of
Opportunity to be H-eard was noticed to all interested parties. No
objections were filed.
Thzis amendment is necessary in order to correct typographtical
errors, and to clarify the intent of certain of the provisions of the
The Acting Deputy Administrator in his final report to the Nationsal
Industrial Recovery Board on said amendment to said Code having
found as herein set forthz and on the basis of all the proceedings in this
It is found that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of thie
National Industrial Recovery Act including the removal of obstrue-
tions to the free flfow 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 coopera-
tive action. am~onzg trade groups, by m~ducmng and mamntammig united
action of labor and management under adequate governmental
sanction and supervision, by chimmatmng unfair competitive practices,
by prom~oting the fullest possible utilization of the present produc-
tive capac~ity' of industries, by avoiding undue restriction of produc-
tion (except as may be temporarily required), by increasing the con-
sumption of industrial and agricultural products through increasing
purchasing power, by reducing and relieving unemployment, by
improving standards of labor, and by otherwise rehabilitating
(b) The Code as amended complies in. all respects wTith the pertinent,
provisions of said Title of said Act, including without limitation Sub-
section (at) of Section 3, Subsection (a) of Section 7, and Subsection
(b) of Section 10 thereof.
(c) Thie amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not operate
to discriminate against them.
(e) Those engaged inl other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, this amnrendmnent is approved.
For the National Industrial Recovery Board:
W7. A. ]HASRRIMAN,
DECEMBER 20, 1934.
AMIENDMlEN T TO CODE OF FAIR COMPETITION FOR
THE: ELECTRIC STORAGE AND WTET PRIMARY BAT-
Schedule 1, Sectionr 1 (Ai), "Branding", is amended to read:
"F~ailure either actually to mark or brand each battery classified
as Class I Products in Schedule II1, or to refer by type or number or
other designation marked on the battery to published specifications,
with respect to the capacity andt quality of the battery as set forth
in Schedule II, Class I ]Products, Section 2 is an unfair trade practice."
Schedule I, Section 3, "M~isrepresentation ", is amended to read:
The makringr or permitting to be made or published of any false,
untrue or deceptive statements, by advertising or otherwise, con1-
cerning th~e capacity, quality, performance, substance, nature, origin,
size or preparation of any batteries, component parts, elect rolyte or
accessories is an unfair trade practice."
Schedule II, Section. 2, Group I, "Adjustmlent Period for Wood
Insulation ", first number of months in column is amended to read
" 6 "
Schedule II, "Domestic Markieting Standards for Class I Prod-
ucts "---Sectionl 2, Guarantees & Adjustment Policy "--the patra-
The ampere-hour capacity as given above shall be determined
as provided in thze standard specifications for lead acid storage bat-
teries for automotive equipment of the Society of Automnotive
Engineers (Adopted January, 1932)."
is amended to read:
The capacities as given above shall be determined as provided
in the standard specifications for lead acid storage batteries for auto-
mrotive equipment of the Society- of Automotive Engineers. (Adopted
Schedule II, "Domestic M/arkreting Standards for Class II Prod-
ucts ", Section 2 (D) is amended to read:
"In no case shall a cash refund be allowed."
Approved Code No. 40--Amendment No. 2.
Registry No. 699-1-05.
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