Approved Code No. 884-Amendment No. l
NATIONAL RECOVERY ADMINIMTTKATION
CODE OF FAIR COMPIITITON
AN APPRnOVlI ON APHIL 6, 19,6
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Approved Code No. 334-Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
BEVERAGE DISPENSING EQUIPMENT INDUSTRY
As Approved on April 6, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
BEVERAGE DISPENSING EQUIPMENT 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, for approval of an amend-
ment to a Code of Fair Competition for the Beverage Dispensing
Equipment Industry, and an opportunity to be heard having been
duly afforded to all interested parties and the annexed report on
said amendment containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order 6859 and otherwise, does hereby incorporate by ref-
erence, said annexed report and does find that said amendment and
the Code as constituted after being amended comply in all respects
with the pertinent provisions and will promote the policy and pur-
poses 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 amend-
ment to take effect fifteen (15) days from the date hereof, unless
good cause to the contrary is shown to the National Industrial Re-
covery Board before that time and the National Industrial Recovery
Board issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
JOHN W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
Ap ril 6, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on an amendment to the Code of Fair Com-
petition for the Beverage Dispensing Equipment Industry designed
to improve the definition of the Industry. This amendment was pro-
posed in accordance with Article IX of the Code as approved on
March 16, 1934. Notice of Opportunity to be Heard was given from
November 23, 1934 to December 4, 1934 during which time no objec-
tion was filed against this amendment.
The Acting Assistant Deputy Administrator in his final report
to the National Industrial Recovery Board on said amendment to
said Code having found as herein set forth and on the basis of all
these proceedings in this matter:
The Amendment of Article II, Section 1 will change and amplify
the definition of the term Beverage Dispensing Equipment Indus-
Findings: The definition of the term "Beverage Dispensing
Equipment Industry as set forth in the Code as approved, has not
been satisfactory to the Industry as a whole. This amendment will
provide a more inclusive and accurate definition of the Industry by
broadening the definition to include those engaged in manufacturing
and/or installing operations, and will make it impossible for any
member of the Industry to ignore his rightful obligations. Adequate
representation has been afforded those firms in the Industry which
will be affected by this amendment.
On the basis of all the evidence in this matter and the studies
and findings of the Advisory Boards, I find that this amendment
and the Code as constituted after being amended will comply with
the provisions of the Act:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provision of said title of said act, including without limitation
subsection (a) of section 3, subsection (a) of section 7 and sub-
section (b) of section 10 thereof.
(c) The 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 in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
For these reasons, therefore, this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
APRIL 6, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY
Amend Article II, Section 1 to read as follows:
SECTION 1. The term Beverage Dispensing Equipment Industry"
or Industry as used herein is defined to mean and include:
(a) The manufacture (fabrication and/or assembly) for sale by
the manufacturer (fabricator or assembler) of all dispensing equip-
ment for beverages as herein defined, including front counters and
back bars, drain boards, soda fountains, and carbonators which are
a part of beverage dispensing equipment and sold in connection with
or for use therewith, but not including barrels, kegs and other con-
tainers in which beverages are packaged for delivery to the dispenser.
(b) The manufacture (fabrication and/or assembly) for sale by
the manufacturer (fabricator or assembler) of such component parts
and fittings of beverage dispensing equipment as are used exclusively
in the manufacture or assembly of beverage dispensing equipment
or in the dispensing of such beverages as are defined in the code.
(c) The installing of such equipment and/or parts thereof as are
heretofore mentioned when performed by the manufacturer (fabri-
cator or assembler) is likewise defined within the scope of this
The term products of this industry as used herein is defined to
mean and include beverage dispensing equipment and/or those com-
ponent parts thereof as are included within the scope of the defini-
tion of the industry or any one of them.
Approved Code No. 334--Amendment No. 3.
Registry No. 1331-02.
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