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Approved Code No. 275A-Amendment No. 1
Registry No. 615-02
NATIONAL RECOVERY ADMINISTRATION
AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION
AND FUNGICIDE INDUSTRY
(A Division of the Chemical Manufacturing Industry)
AS APPROVED ON OCTOBER 19, 1934
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Approved Code No. 275A-Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
AGRICULTURAL INSECTICIDE AND FUNGICIDE
As Approved on October 19, 1934
APPROVING AMENDMENT OF SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE AGRICULTURAL INSECTICIDE AND FUNGICIDE
A DIVISION OF THE CHEMICAL 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 the Supplementary Code of Fair Competition for the Agri-
cultural Insecticide and Fungicide Industry, a division of the Chemi-
cal Manufacturing 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 au-
thority 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; pro-
vided, however, that Section 7 (d) of Article IV be and it is hereby
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
JOSEPH F. BATTLE,
Acting Division Administrator.
WASHINGTON, D. C.,
October 19, 1934.
REPORT TO THE PRESIDENT
The White House.
Sm: This is a report on an amendment to the Supplementary
Code of Fair Competition for the Agricultural Insecticide and Fun-
gicide, a Division of the Chemical Manufacturing Industry, which
was approved by you on February 10, 1934.
The effect of this amendment will enable the Code Authority to
submit a budget and basis of assessment and give it the power to
institute legal proceedings, if necessary, for the collection of said
The Acting Deputy Administrator in his final report on said
amendment of said dode having found as herein set forth and on
the basis of all the proceedings in this matter:
The Board finds that:
(a) The amendment of 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 com-
petitive 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.
increasing 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 limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said 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 this reason this amendment has been approved.
For the National Industrial Recovery Board:
G. A. LYNCHr
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE AGRICULTURAL INSECTICIDE AND FUNGICIDE
A DIVISION OF THE CHEMICAL MANUFACTURING INDUSTRY
Article IV, Section 5 shall be deleted and the following inserted
in place thereof:
SECTION 5. 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:
(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 be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(b) To submit to the National Industrial Recovery Board for
their approval subject to such notice and opportunity to be heard
as they 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 Industry;
(c) After such budget and baIis of contribution have been ap-
proved by the National Industrial Recovery Board, 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 pro-
ceedings 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,
determined as hereinbefore provided, and subject to rules and regu-
lations pertaining thereto issued by the National IndustrEial Recovery
Board. Only members of the Industry complying with the Code
and contributing to the expen-es of its administration as herein-
before provided (unless duly exempted from making such contribu-
tions) 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
The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained 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 esti-
mates except those which the National Industrial Recovery Board
shall have so approved.
Approved Code No. 275A-Amendment No. 1.
Registry No. 615-02.
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