Citation
Amendment to code of fair competition for the beverage dispensing equipment industry as approved on October 3, 1934

Material Information

Title:
Amendment to code of fair competition for the beverage dispensing equipment industry as approved on October 3, 1934
Portion of title:
Beverage dispensing equipment industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
U.S. Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Beverage industry -- Equipment and supplies -- United States ( lcsh )
Beverage industry -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Summary:
The beverage dispensing equipment industry is defined to mean and include the manufacturing for sale and the installing by the manufacturer of all dispensing equipment for beverages as herein defined, including front counters and back bars, drain boards, soda fountains, and carbonators, and parts thereof, which are a part of beverage dispensing equipment and sold in connection or for use therewith, but not including barrels, kegs and other containers in which beverages are packaged for delivery to the dispenser.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1331-02."
General Note:
"Approved Code No. 334--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004922021 ( ALEPH )
639949536 ( OCLC )

Downloads

This item has the following downloads:


Full Text


uth N& 224-Amendment No. 1


Registry No. 1331-02
.1


NATIONAL RECOVERY ADMINISTRATION


AMENDMENT TO

CODE OF FAIR COMPETITION


FOR THE


BEVERAGE DISPENSING


EQUIPMENT INDUSTRY


AS APPROVED ON OCTOBER 3, 1934


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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Approved Code No. 334-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
SFOR THE

BEVERAGE DISPENSING EQUIPMENT INDUSTRY

As Approved on October 3, 1934


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
BEVERAGE DISPENSING EQUIPMENT INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recover Act, approved June 16, 1933, for approval of an amendment
to a Code of Fair Competition for the Beverage Dispensing Equip-
ment Industry, 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, 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 modified to
include an approval of said Code in its entirety as amended, such
approval and such amendment to take effect ten days from the date
hereof, unless good cause to the contrary is shown to the National
Industrial Recovery Board before that time and the National Indus-
trial Recovery Board issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
Approval recommended:
BARTON W. MURRAY,
Division Adminristrator.
WASHINGTON, D. C.,
October 3, 1934.
89220---1244-9--34 1











REPORT TO THE PRESIDENT


The PRESIDENT.
The W'hite House.
Sm: This is a report on an amendment of the Code of Fair Com-
petition for the Beverage Dispensing Equipment Industry as ap-
proved by me on March 16. 1934. Application was made under
(late of June 25. 1934, by the Code Authority for the Beverage Dis-
pensing Equipment Industry. for amendment of the provisions of
Article VI. Section 7. of the Code. Public Hearing affording all
intere-ted parties an opportunity to be heard. was held on July 21,
1934.
This amendment was drawn up and proposed in accordance with
Executive Order No. 6678. dated April 14. 1934. and with the latest
suggested wording for such amendments drafted by the Legal Divi-
sion. The amendment is intended to govern the collection of assess-
ments for code administration by the Beverage Dispensing Equip-
ment Code Authority.
This nmendmient does not in any way affect the labor provisions of
the Code or anything other than assessmnent for expenses of code
administration.
The Assistant I)eputy Administrator in his final report to us on
-aid amendment to said Code having found as herein set forth, and
on the basis of all the proceedings in this matter:
We 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 gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action among trade groups. by inducing and
maintaining united action of labor and management, under adequate
governmental actionn and supervision. by eliminating unfair com-
petitive practices. by promoting tile fullest possibile utilization of the
present productive capacity of industries, by avoiding undue restric-
tiimn of production (except as may be temporarily required), by
increas.ini the consumption of industrial and agricultural products
through increasing purchasing power. by reducing and relieving un-
emplloyment. by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complie- in all respects with the perti-
nent provisions of said Title of said Act. including without limita-
tion Subsection (a) of Section 3. Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.





3

(c) 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 approval of said
amendment.
For these reasons, therefore, we have approved this amendment.
Respectfully,
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Admilistrative Officer.
OCTOBER 3, 1934.










AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BEVERAGE DISPENSING EQUIPMENT INDUS-
TRY

Article VI of the Code of Fair Competition for the Beverage Dis-
pensing Equipment Industry shall be and hereby is amended by the
deletion of Section 7, the deletion of subsections (f) and (g) of
Section 11, the designation of subsection (h) of Section 11 as subsec-
tion (f), and by the addition of a new Section 7, reading as follows:
SECTION 7. (a) 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:
(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 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 neces-
sary to support such budget shall be contributed by members of the
ind ustry:
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, 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 proceedings therefore
in its own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
lduly exempted from making such contributions, 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 Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, and in no event shall exceed the total amount
contained in the approved budget, except upon approval of the
Administrator; 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.
Approved Code No. 334-Amendment No. 1.
Registry No. 1331-02.
(4)



























































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Full Text

PAGE 1

Approved Code No. 334-Amendrnent No.1 Registry No . 1331-02 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPET I TION FOR THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY AS APPROVED ON O CTOBER 3 , 193 4 UN\'J. Of FL L\1. o --, " .. . -: ......... OEpOifTOIW U NITED STATES GOVERN!\1E N T PRINTING OFFICE WASHIN GTO N : 1934 For sale by the S up erintendent of Docume nts, W a s hi ng t o n , D. C . ------Price 5 cents

PAGE 2

This publicatio n i s f o r sale by the Superintendent of Documents, Government Printing Office . "ns lllngton , D. C . , and b y di.:trict offices of the Bureau o f Foreign and Domestic C ommerce. I DISTRICT OFFICES OF THE DEP ART.MENT OF COMMERCE Atlanta, Ga.: 504 P ost Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buff
PAGE 3

Approved Code No. 334-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR TilE BEVERAGE DISPENSING EQUIPMENT INDUSTRY As Approved on October 3 , 1934 ORDER APPROVING AMEKD:MENT OF CoDE OF FAIR CoMPETITION FOR THE BEVERAGE DISPENSING EQUIPMEXT INDUSTRY An application having been du l y made pursuant to and in full comp li ance with the provisions of Title I of the National Industrial R ecover Act, approved June 16, 1933 , for approval of an am.endment to a Code of Fair Competition for the Beverage Dispe n sing Equipment Indu try, and hearings having been duly held thereon and the annexed report on said amendment, containing findings with respect thereto, having been made a.nd directed to the President: NOW, THEREFORE, on behalf of the President of the United States, the National Industrial R ecovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated 27, 1934, and otherwise, does hereby incorporate, by reference , ai d annexed report and does find tha.t said am endment and the Code as constituted after being amended comply in all re spects 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 i s hereby modifi ed to include a.n approval of said Code in its entirety as amended, suc h approval and s uch amendment to take e ffect ten days from the date hereof, unless good cause to the contrary is shown to the National Industrial Recovery Board before that time and theN ational Industrial Recovery Board issues a subsequent order to that effect . NATIONAL INDUSTRIAL R .ECOVERY BoARD, By G . A . LYNCH, Ad1ninistrative Officer. Approval recommended: BARTON \V. MURRAY, Division Aclminist1 ator. WASHINGTON, D. c . , O ctober 3, 19 34 . 89220 ----1244-D----34 (1)

PAGE 4

REPORT TO THE PRE IDENT The PnESIDEXT. The TI'nif H ou e . rn: Thi i a report on an amendment of the Code of Fair Competiti n f r the B \erage D i Equipment IndtLtry a appro\ecl by me on !\larch 16. 193. Applicatio n \YH n made under date of t.Tnne 23 . 1 3, by the Code Authority for the Ben•rage Di E inipment I ncln try. for amendment f the pro\i_ i nof YI. 7. of the m1 . Pnblic H earing aff ruing all intere teLl partie. an opp rtunity to be hennJ. \\a::; helt1 on . T nly 21. 193 . nnH'nt1menr ,,n, tlra\Y11 np aml proposell in n co rd;lnce ''ith Executiv Order ..._T > . '61 . pril 1. 193. and "ith the late t ugge:tecl \Yon1ing for w.:h amendment: drafted by the Legal DiviThe amencl.ment i , inten l e 1 o 2: ,,ern the collection of asse :::;ment ftn code aclmini tration by Hen-'rag Di-pensi.n.! Equirment C >cl Thi.' <\111 n 1ment d H : ' . not in any way nffet' the lab( r rr Yi:..iun . of the mle or anything otlwr thnn U'-:-e. :-men f( r f ode a dmini. _ na tion. Th .... \.:-:-i:--tant Deputy Aclmini::..trntor in his final r port t o lL n ::-aitl amenclmrnt t > said ocle haYing onnt1 as h r ei n :et forth. nncl o n tlw bn:--i.-., of all the in thi matter: e fin 1 that: a) The amendment to ocle and the ode a , amende l are \\ell de ,ign('d to promote the policie, and purpo_e::-of Title I of the X ational I n 1nstrial Reco\ery inclmling the removal of ob truebon:-to the free flo" of inter.:::tate and f o r e i!!n commerce which tent1 to the amount thereof. nnl \Yill pro...-icle for the general \Y lfnr promoting the organization of indu::-;try for the purpo. l' of coopPrati\e action an10ng trn 1e gr by in lncin; and maintclining united action of l abn ant1 m<..nap.:emen und-er adequate g_o,ernmental :-nnction and nper...-i. i n . by eliminatin; unfair competiti\e by pr the fulle t ibil e utilization of th pr !::-ent proclucti...-e apacity of nYoicling nndne re tri -tion of pro luction (except a b e tempo1arily reqnire<.l), by increa. ing the con. nmption of industrial anc1 agricultnral product. through incre::t ing purcha_ing po\\er. by reducing and r elie Ying un-mployment. by impro...-ing --tandanl. of labo r.
PAGE 5

3 (c) The amendment and the Code a amended are not de igned to and 'iYill not eliminate or oppre .... s small enterprises and will not operate to di criminate again t them. (e) Tho-c enaaa d in other tep of the economic proc have not been deprived of the right to be heard prior to approval of amendment. For these rea . on . . therefore. we ap 1Jroved amendment. Re pectfully OcToBcn 3: 193-. X A AL L -ocSTRL\.L RECOYERY Bo.aRo, By G. A. LYXCH, Admi.tti.trativ e Offic er.

PAGE 6

AMENDMENT TO CODE OF FAI R COMPETI T ION FOR THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY Article VI of the Code of Fair Competition for the Beverage Dis pensing Equipment Industry shall be and hereby is amended by the deletion of Section 7, the deletion of subsections (f) and (g) of Section 11, the designation of subsection (h) of Section 11 as subsec tion (f), and by the addition of a new Section 7, reading as follows: SECTION 7. (a) It being found necessary in order to support the udministration 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: ( 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 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 neces sary to support suc h budget shall be contributed by members of the industry: (3) After such budget and bas is of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Industry, and to that end, if nece s ary, to institute l eg al proceedings therefor in its own name. (b) Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code Author ity, determined a s hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator. Only members of the industry complying with the code and contributing to the expenses of its administration as herein a bove provided, unless duly exempted from making such contributions, shall be entitled to participate in the selectio n of members of the Code Authority or to r eceive the benefits of any of its voluntary activities or to make use of any emblem or insignia of the National Recovery Administration. (c) The Code Authority shall neither incur nor pay any obliga tion s ub stantially in excess of the amount thereof as estimated in its approved budget, and in no event shall exceed the total amount contained in approved budget, except upon approval of the Administrator; and no s ubsequent budget shall contain any deficiency item for expenditures in excess of prior budget estimates except those which the Administrator shall have so approyed. Approved Code No. 334-Amendment No. 1. Registry No . 1331-02. (4) 0

PAGE 8

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