NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
PERFUME, COSMETIC, AND
OTHER TOILET PREPARATIONS
AS APPROVED ON SEPTEMBER 17, 1934
UNIV. OF FL LIB.
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Approved Code No. 361-Amendment No. 1
Registry No. 604-03
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Approved Code No. 361-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
PERFUME, COSMETIC, AND OTHER TOILET
As Approved on September 17, 1934
APPROVING AMENDMENTS TO CUDE OF FAIR COMPETITION FOR THE
PERFUME, COSMETIC AND OTHER TOILET PREPARATIONS NI)I':,TIiY
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 amendments
to a Code of Fair Competition for the Perfumle, Cosmetic and Other
Toilet Preparations Industry, and an opportunity to be heard hav-
ing been given thereon and the annexed report on said amendments,
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 Presi-
dent, 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 amendments and the Code as
constituted after being amended comply in all respects wjth the
pertinent provisions and will promote the policy and purposes of said
Title of Said Act, and do hereby order that said amendments be
and they are 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.
HUGH S. JOHNSON,
Administrator for Indulstrial Reco very.
JOSEPH F. BAILEY,
Acting Division Administrator.
September 17, 1934.
86456--1181-69-34 1 L
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the amendments to the Code of Fair Com-
petition for the Perfume, Cosmetic and Other Toilet Preparations
Industry as approved on March 23, 1934. An opportunity to be
heard has been duly afforded all interested parties.
The purposes and effects of the amendments are as follows:
Amendment. No. 1 deletes Article VI, Section 3 which would con-
flict with Amendment No. 2.
Amendment No. 2 enables the Code Authority to incur such rea-
sonable obligations as are necessary for the administration of the
Code. It requires that the Code Authority submit for approval of
the Administrator an itemized budget and equitable basis of pro-
rating the assessments to be collected from the members of the In-
dustry. Payment of an equitable contribution to the expenses of
the Code Authority by members of the Industry is made mandatory
by this amendment.
Amendment No. 3 deletes part of Article VI, Section (g) which
would conflict with Amendment No. 2.
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
I find that:
(a) The amendments 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 .aid Act, including without limitation
subsection (a) of Section 3, subsection (a) of Section 7 and subsec-
tion (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) These amemendents and the Code as amended are not de-
signed to and will not. permit monopolies or monopolistic practices.
(e) These amendments 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, these amendments have been approved.
HUGH S. JOHNSON,
SEPTEMBER 17, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
PERFUME, COSMETIC, AND OTHER TOILET PREPA-
Amendment No. 1-Article VI: Strike out. Section 3 and renumber
remaining sections to conform.
Amendment No. 2-Article VI, Section 7 (which will become Sec-
tion 6) : Strike out subsection (f) and in lieu thereof insert:
"h(f) (1) It being found necessary in order to support the admin-
istration of this code aad to maintain the standards of fair compe-
tition established hereinder and to effectuate the policy of the Act,
the Code Authority is sathorized:
"A To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may b2 raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
B 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 necessary
to support such budget shall be contributed by members of the
"C After such budget and basis of contribution have been ap-
proved by the Administrator, to determine ant 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
"'(2) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertainfig thereto issued by the Administrator.
Only members of the industry complying with the code and contrib-
uting to the expenses of its administration as hereinabove provided,
unless duly exempted from making such contribution, shall be en-
titled to participate in the selection of members of the Code Au-
thority or to receive the benefits of any of its voluntary activities or
to make use of any emblem or insignia of the National Recovery
"(3) The Code Authority shall neither incur nor pay any obliga-
tion substantially in e.xess of the amount thereof as estimated in
its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the Ad-
ministrator; 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."
Amendment No. 3-Article VI, Section 7 (which will become Sec-
tion 6), subsection (g) : Amend to read as follows:
"(g) To cooperate with the Administrator in regulating the use of
the N.R.A. Code Insignia solely by those members of the industry
who are complying with this Code."
Approved Code No. 361-Amendment No. 1.
Registry No. 604-03.
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