NATIONAL RECOVERY ADhIMIN~ISTRATION
CODE OF FAI~HR COMPkETITIOIN
OPENJ PAPER DRI[NKING CUP AN~D
ROUND NESTPINGI PAPER FOOD
For sale by the Sulperintenrdent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 370~~-Amendme.nt No. 1
Registry No. 406--12
AS APPROVED ON AUGUST 9, 1934
oo oun PAny
UINIV. OFP FL LIA.
GOVERNMENT PRINTING OFFICE
This publications is for sale by the Superintendent of Documents, Government
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and Domestic Commerce.
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SApproved Code No. 370--Amendment No. 1
AMQVIENDIIMENT TO1` CODE OF FAIIR CO1MPETlCITION
OPEN PAPER DRINKING: CUP AND ROUND NEST-
ING ]PAPIERE~ FOOD CONrTAPINER INDUSTRIAL
As Approved on August 9, 1934
~APrrovINo MODIFICATIONlr OF CODE OF FAIR COMPETITION FOR THE
OPEN PAPER DRINKING CUPT AND ROUND NESTINo PAPER FOOD CON-
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a modi-
fication to a Code of Fair Competition for thne Open Pazper Drink-
ing Cup and Round Nesting Paper Food Container Industry, and
due notice and opportunity- to be heard having been given thereon
and the annexed report on said modification, containing findings
with re~spec~t thereto, having been made and directed to thne Pre~sidlent:
NOW, THXIEREFOIRE], on behalf of the President of the United
States, )I, Hugh S. Johnson, Administrator for Industrial Re-
cover~y, pursuant to authority vested in me by Exe~cutiv-e Orders
of the President, including Exrecutive Order No. 6543-A, dated De-
cemnber 30, 1933, and otherwise; do hereby incorporate, by reference,
said annexed report and do find that said modification. and the Code
as c~onstitutedl after being modified comply 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 modification
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified. Provided, however, that Section ~11 of Article
II be and it is hereby deleted.
H3UGH S. JoHNson,
Administrator for bulustrial~ Recovery.
G1EO. L. BERRY,
Asg~ust 9, 19S34.
REPORT TO THE PRESIDENT
The WT~hit Hou~se..
SmR: ThliS is a report on a miodificat~ion of the Code of Fair Com-
petition for the Open Paper Drinkingr Cup and Round Nesting
Paper Food Container Indlustry which waos approved by you on
19arch 26, 1934.
The effect of this amendment will enable the Code Authority to
submit~ a budget and basis of assessment and give it the power to
institute legalf proceedlings, if necessary, for the collection of said
The Deputy Admninistrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basisc of all the proceedlings in this matter:
I find that:
(a) The m~odification of said Code and the Code as M~odified are
well dlesig~ned to promote the policies and purposes of Tit~le I of the
National Industrial Recovery Act including the removal of obstrue-
tions to the free flow- of interstate a~nd foreign commerce which tend
to dimninis'h the amount thereof, and wFill provide for the general
welfare by p~romoting t~he organlizationn of induistry for the purpose
of cooperative action of labor andf managemrient under adequate gov-
ernmentanl sanction and supervision, by elimmalt.inga unfair comnpet-
itive practices, by promoting the fullest possible utilization of the
present pr~oductive capacity of industries, by avoiding undue restric-
t~ion of production (except as mnay be temporarily required), by in-
cr~easing the consumption of industrial andl agricultural products
thrloughl increasing purchasing power, by reducing and relieving un-
empIloyment,, by imnprojving standards of labor, and by otherwFise
(b) The Code as mnodified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the Codle as modified are not designed
to anld will not permiiit monopolies or monopolistic practices.
(d)~ The m~odificantion andl t~he Codle as mnodified are not design~s ed to
and illnotelimnat oroppress small enterprises and wl o
operate to discrimlinate against them.
(e) Those engage~~d in other steps of thle economic process have not
been deprived of the right to be heard prior to approval of said
(f) The Code emnpo~er~s the Codle Authority to present t~he amend-
menit on behalf of th~e Industry as a whole.
Fior these reasons this modification hLas been approved.
Henc S. JonNson,
A dmlin istrator.
AnccusT 9, 1934.
MODIF~ICATION OF COD)E OFEi FAIR COMPETITION FliORt
T~HE OPEN PAPER DRINKING CUP _ANPD ROUND NEST-
ING PAPER F'OOD) CONTAINER INDUSTRY
ALsusessen t modification to be substituted for _Article II, Section 9:
9 (a). I~t being found necessary in order to support the ~Adminis-
tration of this Clode and to manintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act, the
Code Authnority is authoir~ized:
(1) 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 the Code.
(2) To submit to the Atdministrator for his approval, subject to
such notice and opportunity to be heard as he may deem nlece~ssary
(1) an itemized budget of its estimated expenses for the foregoing
pu"rpo'ses, and (2) an equitable basis upon which the funds necessary
to support such bud-ge~t shall be contributed byT members of the
(3) After~rt such budget and basis of contribution have been ap-
p~rov-ed by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issue d by the Aodministrtor.
Only members of the Industry complying witthCoeadcn
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such conlt ribution, shall be
entitled to participate in the selection of members of the Code Au
thority or to receive the benefits of any of its voluntary activities, or
to make use of any emblem or insignia of the National Recovery
(c) The Code Authority shall neither incur nror pay anly obligation
substantially in excess of thie amount thereof as estimated in its
approved b~udget, and shall in no event exceed the total amount con-
tained in the approv,~ed~ budget, except upon approval by the Adlmin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures mn excess of prior budget estimates, except those
which the Administrator shall have so approved.
Approvedl Cod~e No. 370---Amendment No. 1.
Registry No. 4 12.
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