uth N& 224-Amendment No. 1
Registry No. 1331-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON OCTOBER 3, 1934
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Approved Code No. 334-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
BEVERAGE DISPENSING EQUIPMENT INDUSTRY
As Approved on October 3, 1934
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
Recover Act, approved June 16, 1933, for approval of an amendment
to a Code of Fair Competition for the Beverage Dispensing Equip-
ment Industry, and hearings having been duly held thereon 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 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 approved,
and that the previous approval of said Code is hereby modified to
include an approval of said Code in its entirety as amended, such
approval and such amendment to take effect ten days from the date
hereof, unless good cause to the contrary is shown to the National
Industrial Recovery Board before that time and the National Indus-
trial Recovery Board issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
BARTON W. MURRAY,
WASHINGTON, D. C.,
October 3, 1934.
REPORT TO THE PRESIDENT
The W'hite House.
Sm: This is a report on an amendment of the Code of Fair Com-
petition for the Beverage Dispensing Equipment Industry as ap-
proved by me on March 16. 1934. Application was made under
(late of June 25. 1934, by the Code Authority for the Beverage Dis-
pensing Equipment Industry. for amendment of the provisions of
Article VI. Section 7. of the Code. Public Hearing affording all
intere-ted parties an opportunity to be heard. was held on July 21,
This amendment was drawn up and proposed in accordance with
Executive Order No. 6678. dated April 14. 1934. and with the latest
suggested wording for such amendments drafted by the Legal Divi-
sion. The amendment is intended to govern the collection of assess-
ments for code administration by the Beverage Dispensing Equip-
ment Code Authority.
This nmendmient does not in any way affect the labor provisions of
the Code or anything other than assessmnent for expenses of code
The Assistant I)eputy Administrator in his final report to us on
-aid amendment to said Code having found as herein set forth, and
on the basis of all the proceedings in this matter:
We 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 gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action among trade groups. by inducing and
maintaining united action of labor and management, under adequate
governmental actionn and supervision. by eliminating unfair com-
petitive practices. by promoting tile fullest possibile utilization of the
present productive capacity of industries, by avoiding undue restric-
tiimn of production (except as may be temporarily required), by
increas.ini the consumption of industrial and agricultural products
through increasing purchasing power. by reducing and relieving un-
emplloyment. by improving standards of labor, and by otherwise
(b) The Code as amended complie- in all respects with the perti-
nent provisions of said Title of said Act. including without limita-
tion Subsection (a) of Section 3. Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) 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 said
For these reasons, therefore, we have approved this amendment.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Admilistrative Officer.
OCTOBER 3, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BEVERAGE DISPENSING EQUIPMENT INDUS-
Article VI of the Code of Fair Competition for the Beverage Dis-
pensing Equipment Industry shall be and hereby is amended by the
deletion of Section 7, the deletion of subsections (f) and (g) of
Section 11, the designation of subsection (h) of Section 11 as subsec-
tion (f), and by the addition of a new Section 7, reading as follows:
SECTION 7. (a) It being found necessary in order to support the
administration of this code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized:
(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 Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of the
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set. forth by all members of the Industry,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
lduly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, and in no event shall exceed the total amount
contained in the approved budget, except upon approval of the
Administrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
Approved Code No. 334-Amendment No. 1.
Registry No. 1331-02.
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UNIVERSITY OF FLORIDA
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