NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON OCTOBER 29, 1934
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Approved Code No. 148-Amendment No. 1
Registry No. 611-02
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Approved Code No. 148-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
PYROTECHNIC MANUFACTURING INDUSTRY
As Approved on October 29, 1934
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
PYROTECHNIC MANUFACTURING 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 an opportunity to be heard having been afforded
all interested parties 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 amended to
include an approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
JOSEPH F. BATTLE,
A cting Division Ad minilu strator.
WASHINGTON, D. C.,
October 29, 1934.
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. An oppor-
tunity to be heard has been duly afforded all interested parties.
This amendment enables the Code Authority to incur such reason-
able obligations as are necessary for the administration of the Code.
It requires that the Code Authority submit for the approval of the
Administration an itemized budget and equitable basis of pro rating
the assessments to be collected from the members of the industry.
Payment of an equitable contribution to the expenses of the Code
Authority by members of the industry is made mandatory by this
The Acting Deputy Administrator in his final report to the Na-
tional Industrial Recovery Board on said amendment to said Code
having found as herein set forth and on the basis of the proceedings
in this matter the National Industrial Recovery 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 wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
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 products through in-
creasing purchasing power, by reducing and relieving unemployment,
by improving standards of labor, and by otherwise rehabilitating
(b) The Code as amended complies in all respects with the perti-
nent provision 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 Pyrotechnic Manufacturing Industry
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
For these reasons this amendment, has been approved.
For the National Industrial Recovery Board:
G. A. LYNCH,
A dmin t ;srative Officer.
OCTOBER 29, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PYROTECHNIC MANUFACTURING INDUSTRY
Delete Section 4 (b) of Article VI, Administration and substitute
therefore the following:
(b) It being necessary to support the Administration of this Code,
in order to effectuate the policy of the Act and to maintain the stand-
ards of fair competition established hereunder, the Code Authority
Board 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 National Industrial Recovery Board for
its approval, subject to such notice and opportunity to be heard
as it may deem necessary (1) an itemized budget of its esti-
mated expenses for the foregoing purpose-, and (2) an equi-
table basis upon which the funds necessary to support such bud-
get shall be contributed by members of the Industry;
(3) After such budget and basis of contribution have been
approved by the National Industrial Recovery Board, to deter-
mine and obtain equitable contribution as above set forth by all
members of the Industry, and to that end, if necessary, to insti-
tute legal proceedings therefore in its own name.
Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority
Board, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the National Industrial
Recovery Board. Only members of the Industry complying with the
Code and contributing to the expenses of its administration as here-
inabove provided (unless duly exempted from making such contri-
bution), shall be entitled to participate in the selection of members
of the Code Authority Board 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.
The Code Authority Board shall neither incur nor pay any obliga-
tion substantially in excess 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
National Industrial Recovery Board; and no subsequent budget shall
contain any deficiency item for expenditures in excess of prior budget
estimates except those which the said Board shall have so approved.
Approved Code No. 148-Amendment No. 1.
Registry No. 611-02.
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