Registry No. 1326--01
sale bla ie Baperintendent of Documaents, Washlagton, D.O. - Price 5 cente
Ag.~: ,.~tgroved Code--No. 20r--Amendment No. 1
NATIONAL RECOVERY A
CODE OF FAIR CO
II AS APPROVED ON DECI
UNIV. OF FL UBs.
00CU~iL~E OUR P
1. Executive Ord
11` 2. Letter of Tral
EMBER 21, 1933
GOVERNMENT PRINTING OFFICE
This pubilntion is for sale by the Superintendent of Documents, Government
Printinlg Otnile. Wanshington, D.C., andl by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlantat, G~a.: 504U Post Office Building.
D~iuirn~lngham Ala1.: 257 Federal Building.
Bostonu, Ma~ss.: 180)1 Customhouse.
Duffalo, N.Y.: Chamber of Commerce Building.
Charlestonto S.C.: Chambler of Commerce Building,
C'liengrn, Ill.: Suite 1706, 201 North Wells Street.
c'lrvel:mlrl Ohio: Chaimber of Commerce.
Dallus, Tex.: c.hamiber of Commerce Building.
D~et~roit. M~ich.: 2213 First National Bank Building.
Ho~uston, Tex.: C'hamber of Commerce Building.
Indianapnolis, Indl.: C~hamber of Commerce Building.
Jac~ku~olville, Fla.: Chamber of Commerce Building.
Kallnsas City', M~o.: 1028 Baltimore Avenue.
Los Angleles, Ca~lif.: 1163 South Broadway.
Loiuisville, Kiv.: 408 Federal Building.
Ielempis. Tenn.: 229 Federal Building.
Rlinneap~olis, Mlinn,: 213 Federal Building.
Newv Orlenns, La.: Room11 225-A, Customhouse.
New York, N.Y'.: 7341 Customhouse.
Nor~folk, Va.: 406 Fast Plume Street.
Philadelphia, Pa.: 983 Commercial Trust Building.
Pittsburgrh, Pa.: Chamber of Commerce Building.
Por~tland, Oreg.: 215 N'ewF Post Office Building.
St. Louis, Illo.: 506 Olive Street.
San F~1racisco, Calif.: 310 Custombouse.
Settle, Walsh.: 800 Federal BuildinL.
AM6ENDMENT TO THE CODE OF FAIR COMPETITION FOR TH~E GrASOLINE
PUnr M~ANUFACTURING INDUSTRY
An application having been duly made by the Executive Comnmittee
of the Code of Fair Competition for the Gasoline Pumnp MaInufactur-
ing Industry under date of October 18, 1933, pursuant to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16,'1933, and pursuant to article X
of the Code of Fair Competition for the Gasoline Pump Ma~nufac-
turing Industry, approved byv me in my Executive order of Septem-
ber 18, 1933, for my approval of modifications of said code of
fair competition proposed in said application, and full hearings
having been held thereon and the Administrator, under date of
December 9, 1933, having rendered his report on the hearing hield
in Washington, D.C., on November 7, 1933, together with his recom-
mendations and findings with respect thereto, and the Adm~inistrator
having found as set forth in said report that the said modifications
comply in all respects with the pertinent provisions of title I of
said act and that the requirements of clauses 1 and 2 of subsection
(a) of section 3 of said act have been met:
NOWV, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report, recommendations,
and findings of the Administrator and do order that said modifica-
tions of the Code of Fair Competition for the Gasoline Pump Mlanu-
facturing Industry be, and they hereby are approved and made a
part of said code.
FRANKCLIN D. ROOSEVELT.
Approval recommended :
Hnon S. JOHNSON,
THE WHTTE HOUSE,
December 1, 1933.
DECEMrBER 9, 1933.
Th~e W~hite Hlou~se.
This is a report on a hearing of the modification of the Code of
Fair Competitioni for the Gasoline Pump Ma~nufacturing Industry
held in W\ashington, D.C., on November 7, 1933, submitted by the
Executive Comnmittee of the Gasoline Pump Mianufacturing Indus-
try in accordance with Article X of said Code approved by you in
your Executive Order of Septemnbe~r 18, 1933. Application was made
to this office under date: of October 18, 1933, b the Planning and
Fair Practice Agency for the administration o the Ciode of Fair
Competition for the Gaso~line Pump Mannufacturing Industr~y for
modification of Articles VI and IX of said Code, since the operation
of the Code hadl demonstrated the fact that these provisions as
originally drafted did nlot. adequately regulate the actions of the
members of thle Indurstry in their effort to coop~erate with the Admin-
istration toward the stabilization of their Industry.
These provisions do not in any way affect t~he W'age and Hour
provisions of the Code or the number of workers employed, and it
may be said in summaryr~ that their specifiedl purpose is further to
stabilize an Industry where unfair competition mlay be exceedingly
detrimental to the continued successful operation of the legitimate
man fact urers.
Thie Admiinistration finds that:
(a) The Code as amended complies in all respects with the per-
tinent provisions of Title I of the National Industrial Recovery Act,
including without limitation, subsection (a) of Section 7, and sub-
sec~tion (b) of Section 10 thereof.
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein, and are truly representative of
(c) The provisions of the Code as amnendled are not. designed to
promote: monopolies or to eliminate or oppress small enterprises and
will not operate to discrimiinate against them, and will tend to effee-
tuate the policy of Cllauses one and two of the National Industrial
It is recommended, therefore, that the modification to this Code
be adopted immediately.
HUGH S. JOHNSON,
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
GASOLINE PUMlP MANUFACTURING INDUSTRY
1. Subsection 4 (c). Article VTI of the Code of Fair Competition
for the Gasoline Pumip M~anufacturing Industry shall be and hereby
is amended by deleting the words "' f.o.b. factory in the sixth line
and the words charges prepaid inl the seventh line and further by
deleting the last sentence of said Subtsection as follows: Th~e manu-
facturer's liability for damages caused by any such defective parts
shall be limited to such repair or replacement and in no event shall
the manufacturer be liable for indirect or consequential damage ",
so that said Subsection as amended shall read:
"' The following standard guarantee: The manufacturer guarantees
all parts of the equipment shipped under this agreement for one year
and no more from date of invoice thereof, against defective material
or workmanship (but not against damage caused by accident, abuse,
or faulty installation) when the equipment. is installed in accordance
with the manufacturer's specifientions, and will repair or replace
free of charge all such defective prsi eundt h atr.
2. ecton c),ArtcleIX f sid code shall be and hereby is
a~mended~ by adding thereto after the words as above provided "
the following: "except to purchasers with whom other members of
the industry have legally binding contracts, made prior to the eifee-
tive~ date of this rcde, during the term of any such contract; provided,
however, that this exception shall be limited to the products specified
herein, and to thle requirements of any such purchaser in excess of
the quantity or percentage of requirements so specified during the
term of said contract andd provided, further, that. any member of the
industry may meet but shiall not exceed such contract prices, dlis-
counts and terms of payment so that said- Section is hereby amlendedi
"LNo manufacturer in the Industry shall sell any product of the
Industry at prices lower or discounts greater or on more favorable
terms of payment than the approved schedule of such manufacturer
on file at thie office of the Executive Commiittee as above provided,
except to purchasers with whom other members of the Industry
have legally binding contracts, made prior to the effective date of
this code, during the term of any such contract; provided, however,
that this exception shall be limited to the products specified herein,
and to the requirements of any such purchaser in excess of the quan-
tity or percentage of requirements so specified during the term of
said contract, and provided further that any member of the Industry
may meet but shall not exceed such contract prices, discounts and
terms of payment".
Articple IX of Psaid Pcde shall be andl hereyph is mended byJ addi;n
thereto a new section to be designated Section (e) as follows:
"L Any member of the Industry may enter into an agreement with
a jobber or distributor by which such jobber or distributor may agree
that he will sell the products purchased from such manufacturer at
not less than the prices contained in the published price schedules
of such manufacturer in effect at the time of any such sale ".
4. Article IXi of said code shall be and hereby is amended by add-
ing thereto a new section to be designated Section (f) as follows:
Each member of the industry shall file with the Executive Comn-
mittee within five days after t~he et~ective date of this amendment,
and from time to time thereafter, but not oftener than once every
thirty days, a list. of discontinued lines, or obsolete or surplus stocks,
of products which such member is willing to sell below the prices
noted in the price lists or on more favorable terms and conditions
of sale than the terms and conditions of sale previously filed by
such member with the Executive Committee in accordance with the
provisions of paragraph (b) of this Article IXY, and in effect at the
time of the filing of such list, and the prices at which, or the terms
and conditions of sale in accordance withi which, such member is
willing to sell the same or any part thereof, which list shall con-
tain such information as to the quantity, size, weight, etc., of the
products therein as the Executive Committee may deem necessary.
Before any sales of any such products shall be made by any mem-
ber of the industry, the' list, prices, and terms and conditions of sale
so filed shall first be approved by the Executive Committee. When
all of any class of products noted on any such list shall have been
sold the member of the industry filing such list shall notify the
Executive Committ~ee to that eff~ect. The foregoing provisions of
this paragraph (f) of Article IX shall at all times be subject to
mlodification or disapproval by the Admlinistrator."
5. These amendments shall become effective on the third day
after their approval by the President.
Approved Code No. 26--Amendment No. 1.
Registry No. 1326-01.
UNIVERSITY OF FLORIDA
3 1262 08855 5874