Approved Code No. 156-Amendment No. 1
Registry No. 899-04
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 30, 1934
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Approved Code No. 156-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
RUBBER MANUFACTURING INDUSTRY
As Approved on April 30, 1934
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE RUBBER MANU-
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 Rubber Manufacturing
Industry, and hearings having been duly held thereon and the an-
nexed 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, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment 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
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
K. M. SIMPSON,
Division A ddlnistrator.
April 30, 1934.
55815 -482-181-34 i 1
REPORT TO THE PRESIDENT
The White Houwe.
SIR: The Public Hearing on an amendment to Chapter X of the
Code of Fair Competition for the Rubber Manufacturing Industry,
as proposed by the Divisional Code Authority for the Rainwear
Division of this Industry, was conducted on Tuesday, March 20, 1934,
in Room 3208, Department of Commerce Building, Washington,
D.C. Every person who requested an appearance was properly
heard in accordance with the regulations of the National Recovery
Administration. There were present duly authorized representatives
of the Divisional Code Authority.
Chapter X of the Code of Fair Competition for the Rubber Manu-
facturing Industry, approved December 15, 1933, provided for the
submission of a label clause at a later date. The Divisional Code
Authority for the Rainwear Division submitted an amendment em-
bodying such a clause.
The Deputy Administrator in his final report to me on said amend-
ment to Chapter X of said Code, having found as herein set forth
and on the basis of all the proceedings in this amendment:
I find 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 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 among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction 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 reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Divisional Code Authority to present
the aforesaid amendment on behalf of the Division 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, this amendment has been approved.
HUGH S. JOHNSON,
A dmin itrator.
APRIL 30, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RUBBER MANUFACTURING INDUSTRY
F. Use of Labels
SECTION 1. In accordance with the provisions of this Article IV-F,
no product of the Division shall be sold or shipped by any member
of the Division unless said product bears an N.R.A. label as here-
inafter provided, to indicate that said product has been manufac-
tured and sold or shipped in compliance with the provisions of this
Code. Except in the case of products manufactured prior to the
effective date, such label shall be conspicuously sewn on or otherwise
firmly affixed to such product at the time when and place where
said product is manufactured, and shall remain affixed thereto when
said product is sold or shipped by the member of the Division. In
the case of products manufactured prior to the effective date, each
such label shall be conspicuously sewn on or otherwise affixed to
said product prior to the sale or shipment thereof by the member
of the Division, and shall remain affixed thereto when said product
is sold or shipped by said member. For the purpose of identifying
the source of manufacture of said product, each such label shall bear
a registration number in such manner and form as shall be determined
by the Divisional Authority. A record of all registration numbers
issued shall be maintained by the Divisional Authority in the cus-
tody of the Rubber Manufacturers' Association. Such record shall
not be disclosed except to the Administrator or other governmental
authority, or to the Divisional Authority or any duly appointed
agent or agency thereof.
SECTION 2. (a) The Divisional Authority shall have exclusive
authority to grant permits to use such N.R.A. labels and to issue
such labels. No member of the Division shall affix any such label
to any product of the Division unless the same shall have been duly
issued to him by the Divisional Authority, and except in accordance
with the terms of a permit to use such labels granted to him by the
Divisional Authority. Upon application by any member of the
Division for such a permit and for such labels, such permit shall be
granted and such labels issued to him, but only if and for so long
as he complies with the provisions of this Code, and with all rules
and regulations adopted hereunder.
(b) The Divisional Authority, with the approval of the Admin-
istrator, shall determine the form of such permits and labels and
shall establish rules and regulations and appropriate machinery for
the granting of such permits and the issuance of such labels. In
such rules and regulations, the Divisional Authority shall provide
for the inspection and supervision of the practices of members of
the Division using such labels in complying with the provisions of
the Code, for the purposes of ascertaining whether such members
are entitled to the continued use of said labels, and protecting pur-
chasers in their reliance upon said labels. In such rules and reg-
ulations, the Divisional Authority shall likewise provide for a rea-
sonable charge for such labels, which charge shall not exceed an
amount necessary to cover the cost thereof, including cost of print-
ing, distribution, administration and supervision, and the cost of
reimbursing the Rubber Manufacturers Association, Inc., in assisting
the Divisional Authority in such supervision as hereinabove set forth.
The charge made for such labels shall at all times be subject to
the supervision and orders of the Administrator.
(c) The Divisional Authority shall not deny any such permit. or
refuse to issue any such labels to any member of the industry apply-
ing therefore, on the ground of non-compliance by said member with
any provision of this Code or any rule or regulation duly adopted
hereunder, unless said Divisional Authority is, at the time of the
refusal, prepared to certify to the Administrator a prima facie case
of such non-compliance by said member. In the event that the Di-
visional Authority denies any such permit or refuses to issue such
labels, a complete file showing the alleged non-compliance by said
member shall be certified to the Administrator not later than the day
following said refusal for action by such governmental or adminis-
trative agency as the Administrator may direct.
SECTION 3. Members of the Division shall not let out work to or
cause products to be made by contractors unless the contractors agree
to conform to and be bound by, and do in practice comply with, the
provisions of this Article IV-F as to N. R. A. labels. Each member
shall procure from the Divisional Authority such labels for use by
all contractors to whom he lets out work or by whom he causes prod-
ucts to be made. Each member shall keep a complete and accurate
record of the registration numbers of all labels furnished by him to
contractors as aforesaid, and shall at all times maintain a duplicate
of such record on file with the Rubber Manufacturers' Association.
Such duplicate shall not be disclosed except to the Administrator
or other governmental agency, or to the Divisional Authority, or any
duly appointed agent or agency thereof.
SECTION 4. Upon demand by the Divisional Authority, any unused
labels in the possession of any member of the Division or any con-
tractor who shall have ceased to be entitled to use the same, whether
because of retirement from operation or because of non-compliance
with this Code or any rule or regulation duly adopted thereunder,
shall be immediately returned to said Divisional Authority, which
shall redeem the same at the price at which such labels were origi-
SECTION 5. This Article IV-F shall become effective twenty (20)
days after the date of approval thereof by the Administrator.
Approved Code No. 156 Amendment No. 1.
Registry No. 899-04.
UNIVERSITY OF FLORIDA
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