NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON SEPTEMBER 21, 1934
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Approved Code No. 60-Amendment No. 5
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Approved Code No. 60-Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on September 21, 1934
APPROVING AMENDMENT TO 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 Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the 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, 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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said amendment and the Code as con-
stituted 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 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
as amended, such approval and such amendment to take effect ten
(10) days from the date hereof, unless good cause to the contrary is
shown to the Administrator before that time and the Administrator
issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
ROBERT L. HOUSTON,
September 21, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: The Hearing on the amendment to the Code of Fair Competi-
tion for the Retail Trade was held on August 27, 1934 in Room
#2062, Department of Commerce Building. The amendment,
which is attached, was presented by duly qualified and authorized
representatives of the Trade, complying with statutory requirements,
such representatives being members of the National Retail Code
In accordance with the customary procedure, everyone present who
had filed a request for an appearance was freely heard in public,
and all statutory and regulatory requirements were complied with.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the
basis of all the proceedings in this matter;
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 of labor and ninaigement under adequate gov-
ernmental mainction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
c rearing the c(onsiiuption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the per-
tinent 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 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 the approval
of said amendment.
For these reasons I have approved said amendment to the Code
of Fair Competition for the Retail Trade.
RHUGH S. JOHNSON,
SEPTEMBER 21, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL TRADE
Article IX is hereby amended by adding a new Section as follows:
SECTION 5. No retailer shall give, offer to give or cause to be
given to any person, free of charge, any article of value or any serv-
ice, when delivery of such article or the performance of such service
is conditional upon said person taking part in any scheme of chance
or in a contest unless such contest does not violate the lottery or
gambling laws of the State or of the United States, and unless such
contest in addition fulfills the following conditions:
(1) That the rules of the contest be clearly defined and strictly
adhered to in making the awards thereunder.
(2) That the determination of the winner of such contest be not
influenced by the laws of chance but by merit.
(3) That there be appointed, or selected, a sufficient staff of com-
petent and disinterested persons to act as judges who shall give
equal consideration to the suggestions of all entrants.
(4) That all employees of the establishment and their immediate
families be declared ineligible to compete in such contest.
Approved Code No. 60-Amendment No. 5.
Registry No. 1625-2-02.
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