Approved Code No. 60-Amendment No. 9 Registry No. 1625-2--021
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 19, 1935
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Approved Code No. 60-Amendment No. 9
Registry No. 1625-2-02
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Approved Code No. 60-Amendment No. 9
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on March 19, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
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 an
amendment to a Code of Fair Competition for the Retail Trade,
and hearings having been duly held thereon and the annexed report
on said amendment, containing findings with respect thereto, hav-
ing 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 Exec-
utive Order No. 6859, dated September 27, 1934, 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 the 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 ap-
proved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
HARRY C. CARR,
A acting Division Administrator.
WASHINGTON, D. C.,
March 19, 1935.
REPORT TO THE PRESIDENT
The White House.
SIm: The Hearing on the annexed amendment to Schedule A of
the Code of Fair Competition for the Retail Trade was held on
October 23, 1934, in the Raleigh Hotel, Washington, D. C. The
amendment was presented by duly qualified and authorized repre-
sentatives of the Trade, complying with statutory requirements,
such representatives being members of the National Retail Drug
In accordance with the customary procedure, everyone who had
filed a request for an appearance was freely heard in public, and
all statutory and regulatory requirements were complied with.
This amendment is drawn to enable the National Retail Drug
Code Authority and the several Local and Metropolitan Retail Drug
Code Authorities to incorporate, if they wish, under the laws of any
State or the District of Columbia, subject to the approval by the
National Industrial Recovery Board of their articles of incorpora-
tion, and subject to the right of the National Industrial Recovery
Board to require a modification of such articles of incorporation if
the State laws permit, or to require that the corporation be reorgan-
ized in some other State. The powers, duties, objects and purposes
of the respective corporations are limited to the powers, duties,
objects and purposes of the respective Code Authorities, and the
existence of said corporations are limited to the term of the Code.
The 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 the proceedings in
The National Industrial Recovery Board finds 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
the National Industrial Rec ,very Act including the 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 organization of industry for
the purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating un-
fair competitive practices, by promoting the fullest possible utiliza-
tion of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
station sub-section (a) of Section 8, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the trade as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) 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.
(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
For these reasons the amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
MARCH 19, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
There is hereby added to Section 5, paragraph (2) of Schedule A
of the Code of Fair Compeition for the Retail Trade, as amended,
the following sub-paragraph:
(g) The National Retail Drug Code Authority, and each local
committee (whether known as a Local Retail Drug Code Authority
Metropolitan Retail Drug Code Authority, or otherwise) created
under Schedule A, Section 5 of this Code, upon submission to
the National Industrial Recovery Board of its proposed Certificate
of Incorporation and By-laws, and upon procuring the written
consent thereto of the National Industrial Recovery Board, may
incorporate under the laws of any State of the United States or
of the District of Columbia under the name of National Retail
Drug Code Authority, Inc.", or Local Retail Drug Code Authority
for the (local area) Inc.", or Metropolitan Retail Drug Code
Authority for the (metropolitan area), Inc." as the case may be;
provided, however, that, to the extent that the National Industrial
Recovery Board shall require, the powers, objects and purposes of
each such corporation shall be limited to the powers, objects and pur-
poses of such Code Authority as the same are now or may hereafter
be defined in the said Code, or any amendments thereof, additions
thereto or substitutions therefore; and provided, further, that each
such corporation shall exercise the powers given to it by the pro-
visions of the said Code or any amendment thereof, additions thereto,
or substitutions therefore only during the existence of such Code,
amendments, additions, or substitutions; and provided, further, that
no amendment to the said Certificate of Incorporation and By-Laws
shall be made without submitting the same to the National Industrial
Recovery Board and procuring its written consent thereto. The
right to incorporate pursuant to the terms hereof is given upon the
condition that the National Industrial Recovery Board, from time to
time, upon such notice and/or hearing as it shall deem necessary, may
require the Certificate of Incorporation, By-Laws, and corporate
organization, or any of them, of any corporation formed pursuant
thereto, to be amended or changed, and may sulspeind or revoke any
or all of the powers granted to it hereunder, and it may do such
other or further acts and things, in connection therewith, as it may
deem necessary or proper.
Approved Code No. 60-Amendment No. 9.
Registry No. 1625-2-02.
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