NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 10, 1935
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GOVERNMENT PRINTING OFFICE
WASHINGTON : 1935
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Approved Code No. 148-Amendment No. 2
Registry No. 611-02
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Approved Code No. 148-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
PYROTECHNIC MANUFACTURING INDUSTRY
As Approved on April 10, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
PYROTECHNIC MA NUFACTURING 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 Pyrotechnic Manufac-
turing Industry, and Notice of Opportunity to be Heard having been
duly published 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 Ex-
ecutive 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 amended to in-
clude an approval of said Code in its entirety as amended; provided,
however, that said amendment shall be effective only in the event
that the Code of Fair Competition for the Pyrotechnic Manufac-
turing Industry, as now defined, shall be in full force and effect
on July 6, 1935.
NATIONAL INDUSTRIAL RECOVERY BOARD.
By W. A. HARRIMAN, Administrative Officer.
JOSEPH F. BATTLE,
WASHINGTON, D. C.,
April 10, 1935.
128160"--1749-34---35 (1 1
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on an Amendment to the Code of Fair Com-
petition for the Pyrotechnic Manufacturing Industry, which Code
was approved on December 7, 1933.
This Amendment provides for discontinuance of the manufacture
and sale of certain fireworks which are considered more dangerous
than others. It is the belief of the Industry that through this action
added safety will be accorded the children of the Nation.
A Notice of Opportunity to be Heard upon the said Amendment
was published January 12, 1935, and expired February 2, 1935, in
accordance with the provisions of the National Industrial Recovery
Act. No serious objections or criticisms have been received.
The Deputy Administrator in his final report on said Amendment
found as herein set forth, and on the basis of all the proceedings in
The 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 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 restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption 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 perti-
nent provisions of said title of said act, including without limitation
subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority Board to present the
aforesaid Amendment on behalf of the Industry 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
Therefore, said Amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
APRIL 10, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
PYROTECHNIC MANUFACTURING INDUSTRY
Amend article VII, section 2, paragraph f, by the addition of the
following to be designated as subsections 1, 2, 3 and 4:
1. Fireworks items of the Commercial Fireworks Division which
depend for their effect on the producing of noise and in which an
explosion is produced by ignition or detonation shall be limited to
an average of 45 grains explosive composition; and no composition
or mixture in which an explosion is produced or assisted by aluminum,
magnesium or antimony sulphide shall be used in the above manner,
except in the manufacture of paper caps and toy torpedoes; provided,
however, that the Planning and Fair Practice Agency of the Com-
mercial Fireworks Division may from time to time propose amend-
ments to the above list of ingredients as the necessity may arise to
carry out the purposes of this Code, which amendments, when
approved by N. R. A. shall be binding on all members of this industry.
2. No salutes, firecrackers or any items of similar character that
are intended to be exploded on the ground for their primary effect,
by ignition, by fuse or other priming device, shall be made of a
length greater than four inches and/or outside diameter greater
than 5/8 inch.
3. The Planning and Fair Practice Agency of the Commercial
Fireworks Division of the Pyrotechnic Industry is hereby empowered
to formulate and recommend such rules and regulations regarding
the manufacture and specifications of items of commercial fireworks
as may be necessary for the protection and safety of the users or for
other reasons, which rules and regulations, when approved by N. R.
A., shall be binding on all members of this Industry.
4. These subsections shall become effective July 6, 1935.
Approved Code No. 148-Amendment No. 2.
Registry No. 611-02.
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