Citation
Amendment to code of fair competition for the retail trade as approved on September 21, 1934

Material Information

Title:
Amendment to code of fair competition for the retail trade as approved on September 21, 1934
Portion of title:
Retail trade
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Retail trade -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Summary:
The term "retail trade" as used herein shall mean all selling of merchandise to the consumer and not for purposes of resale in any form, in the continental United States excluding the Panama Canal Zone.
Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1625-2-02."
General Note:
"Approved Code No. 60--Amendment No. 6."

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:
004917228 ( ALEPH )
632327882 ( OCLC )

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Full Text




I. C


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


RETAIL TRADE


AS-APPROVED ON SEPTEMBER 21, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


rsale by the Superintendentof Documente, Washington, D.C.- Price 5 cen (


UNIk OF FL LUS.
UMENT DEPITO



U.s. DEP"TORY


Approved Code No. 60-Amendment No. 6


Registry No. 1625-2-02























This publication is for sale by the Sii)uriiitcud-i.t of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Ful'.eign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Biruiughna, Ala.: 257 Federal Building.
Boston, Mass.: 1~il1 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Chiar:':--ton, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 17iT;, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Buildinit.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Buil'lijn.
Indianapolis, Ind.: Chambei of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Buildinu:.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadtlay.
Louisville, Ky.: -103 Fl-deral Buitlini.
M-.lhilis Tenn.: 229 Fdceral BLildlinrj.
Minneapolis, Minn.: 213 Federal ,'ni:dini.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Custoiinhouue.
Norfolk, Va.: 406 East Plume SireetL
Philadelphia, Pa.: 422 Commercial Ti-rut Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 60-Amendment No. 6


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

RETAIL TRADE

As Approved on September 21, 1934


ORDER

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION TO THE RETAIL
TRADE
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 amendment
to a Code of Fair Competition for the Retail Trade, 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, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do 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 do 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.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
ROBERT L. HOUSTON,
Division Administrator.
WASHINGTON, D.C.,
September 1, 1934.
87137-- 1181-88--34 I1












REPORT TO THE PRESIDENT


The PNEmIr-rNT,
The W'h;te House.
SIR: On March 29, 1934, an amendment. to the Code of Fair Com-
petition for the Retail Trade was approved which established a
new loss limitation base for the Retail Drug Trad1e. On June 7,
1934, at a public hearing called to determine the effects of this
amendment upon the Trade after sixty days of operation, it was
found that enforcement of this provision, while good, had been ham-
pered somewhat by the last proviso which permitted certain deduc-
tions on account of manufacturer's discounts and allowances to dozen-
lot purchasers. These allowances have only a negligible effect on
the resuilt:'.n price, yet cau.-ne considerable confusion in its de-
termination.
The National Retail Drug Code Authority, at this heariing pro-
posed the elimination of this proviso, and has submitted the annexed
amendment which is decigined to clarify and render more practicable
and enforceable the previous clause, at the same time giving the
Adlini.strator expri-.-s power to safeguard the interests of con-
-umueLs and small enterprises in individual ,'aer.
This amendment does not alter the principle set forth in the pre-
vious provision nor does it appr'eciably alter the basis on which that
priinliple was ipplie1, except insofar as that h:bis had proven con-
fusing in practice.
The Deputy Adniini-tr'at'r in his final report to me on said amend-
Iumeit to said Code having fimioun as herein set forth and on the
b:,i.is of all the proc-eidiniLg;. in this imattetr;
I find that:
(a) The :arin l!ndoirut to said code and the Code as amended are
well dt.!-inel' to promote the policies and purp(oses of Title I of the
National Lndustrial Recovery Act including the removal of obstruc-
tiocn, to tlo free flow of inter.et'-ate and foreign commerce which tend
to1 dirmlni h the amount thereof, and will provide for the gen--eral
welfare by promoting the organization of industry for the purpose
of cooperative a'tioi, of labor and i;mani:igement inli ,r ad: quiat,, gov-
ermi intal cal.netion and supervision, by eliiiiinti ng unfair compet-
itive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production exceptt as may be temporarily required), by
inc'vt;a-iiig the consumption of inl'du trial and agric-iltural products
through in,-'r.asing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwiise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
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 Trade as a whole.
(d) The amendment andl the Code as amended are not designed
to and will not permit monoIpolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress .-mall enterprises and will not oper-
ate to discriminate against them.
(f) Those engaged in other Ateps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
(g) This amendment is imperative to the existence of the Retail
Drug Trade and without such a provision the said Trade will not
be able to comply with the other provisions of the Code established
therefore.
For these reasons the amendment has been approved.
HUGH S. JOHNSON,
Adm inistrator.
SEPTEMBEnR 21, 1934.












AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL TRADE

Section 6 of Schedule "A" of the Code of Fair Competition for
the Retail Trade, as amended, is hereby amended as follows:
SEC. 6. It is hereby declared an unfair trade practice for any
drug retailer to sell any drugs. medicines, co-minetics, toilet prepara-
tions or drug sundries at a price below the manufacturers' wholesale
list price per dozen; provided, however, that in the case of biological
or other of the above-ltmentioned products, which are not customarily
sold in dozen or greater lots, the Code Authority may fix a com-
parable unit quantity.
The Administrator, at the recommendation of the National Retail
Drug Code Authority or otherwise, after such notice and hearing
as he may deem mn.'re-;ry, may suspend or modify the operation of
this clause at any time when it appears that such operation does
not tend to effectuate the purposes of Title I of the Act. The Ad-
ministrator shall suspend or modify the operation of this clause in
any particular case where a manufacturer is found to be manipulat-
ing his prices because of this provision in such a manner as to main-
tain an unwarrantedly higher price to the ultimate consumer or to
oppress small enterprises, or otherwise to defeat the purposes of
the Act.
Approved Code No. 60-Amendment No. 6.
Registry No. 1625-2-02.
(4)














































Digilized by Ihe Inlernel Archive
in 2011 wilh funding Irom
University of Florida, George A. Smailiers Libraiies wilh support Irom LYRASIS and tie Sloan Foundation


Illp: www.arcliive.org details ainendmeillocodeo5382uilni




UNIVERSITY OF FLORIDA
3 1262 0872llIil8 5382ll lll lll I
3 1262 08728 5382




Full Text

PAGE 1

Approved Code No. GO-Amendment No. 6 Registry No. 1625-2-02 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE RETAIL TRADE AS APPROVED ON SEPTEMBER 21, 1934 WE DO OUR PART 0-= . --_ ... UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 V For sale by the Superintendent of Documents, Washington, D.C. ----Price 5 cents

PAGE 2

This publirntion i s for ale by the :Superim ndent ot' Documents, Governm~nt Printing Office, \Vashington, D .C., and by district oflices of the Bureau of Foreign antl D o m tic Cummer e. DISTRICT OFFICES OF THE DEPARTMENT O F COMMERCE Atlanta, Ga.: 50-! Post Office BuildiD' ' . Birrnin...,.harn, Ala. : 25 7 Federal Building. Boston, Mass. : 1 01 Customhouse. Buffalo, N.Y.: Chamber of Comme r ce Building. Charleston, S . C . : Chamber of Comme rce Build ing. Chicago, Ill.: Suite 1706, 201 orth W ell::; Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Build i ng. Detr oit, l\1i ch.: 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indiana1 olis , Iml. : Chamber of Commerce Bui : ding. Jack onYille, Fla.: Chambex of Commerce Building. Kansas City, l\Io.: 1028 Baltimore Avenue. Los Ang les, Calif.: 1163 South Broachva.r. L ouisville, Ky.: 408 Federnl Building. Memphi s, Tenn.: 229 F ederal BuiMin"" . Minneapoli s, l\Iinn. : 213 Federal Building. New Orleans, La.: R oo m 225--A, Cu tomhouse. New York, N.Y. : 734 C ustomhouse. Norfolk, Va. : 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of ommer ce Building. P ortland, O r eg.: 2'15 New Post Office Building. St. Louis, Mo.: 506 Oli ve Street. San Francisco, Calif. : 310 Customh o u se . Seattle, Wash.: 809 Federal Offi ce Building.

PAGE 3

Approved Code No. GO-Amendment No. 6 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE RETAIL TRADE As Approved on September 21, 1934 ORDER APPROVING AMENDMENT TO CODE OF FAIR COMPETITION TO THE RETAIL TRADE An application having been duly made pursuant to and in full cornpli~1nce with the provisions of Title I of the National Industrial Recovery A ct, approved June 16, 1933, for approval of an amendment to a Code of Fair Competition for the Retail Trade, and hearings having been duly held thereon and the annexe l report on said amendment, containing finding s with re s pe c t there to , having been made and directed to the President: o,v, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pur uant to authority vested in me by Executive Orde rs of the Pres ident, including Executive Order No. 6543-A, dated December 30, 1933 , and otherwi se; do hereby incorporate, by reference, said annexed r epor t and do 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 A c t, and do hereby order that said amendment be and it is hereby approved, and that the previous approval of said Code i s hereby modified to include an approval of said Code in its entirety as amended. HUGH s. JOHNSON, Acl1ninistrator for Industrial Reco ve ry. Approval recommended: ROBERT L. HOUSTON' Division Administrat01. WASHINGTON, D.C., eptem b er 21, 1934. 87137 1181-88-34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PnESJDEN'l\ The 1hit e House. Sm: On :March 29 1934, an amen lment to the Code of Fair Competition for the Retail Trade was approved which established a new ' los limitation" ba e :for the Retail Druo-Tra le . On June 7, 1934, at n. public hearing ca ll ed to cl termine th effects of this amenclm nt upon the Trad after ixty days of operation, it was found that enforcement of thi provi ion, while good, had be n hampered som what by the la t provi~ o which permitted certain deduction on account of manufa tnrer's discount and allowance to dozenlot purchase rs. The e allowances have only a negligible effer-t on the resultant pri e , yet ca use con i lerab]e confu ion in its determination. The National Retail Drug Code \..uthority, at this hearing propesed the elimination of thi proviso, and has submitted the ~nnexed amendment which i . designed to clar:ify and render more practicable and enf rceable the previous el.ause at the am. e time giving the Admini trc tor express power to safeguard the intere ts of con-ume r and small ente~ pri es in indiv dual case . This a .mendm nt c loes not alter the principle set forth in the previou s provision nor doe s it appr, eciahly a,lter the ba is on which that principle was ppli:ed, except in ofar u that basi had prov0n confn ing in practice. Th Deputy Administrator in hi final r port to 111e on aid amendment t saiEl. ode ha , ring :fo1n1d as herein s t forth and on the basi of all the p oc edin~s in this matter; find 'lrnt: ( a ) The am ndme :nt to saicl c de and th Code as amended are w ell le igne l !ro promote the polic.ies and purpo es of Title I o:f the r n.tionaI Indust1ial Reco ery Ad including tb removal of ob ti:u"tion,s to the f t> fl w o , f intei...:::tate a.nd foreign c omm r e which tend to uiminis h the amount th.er f. and will provide for the ?eneral w elfare by promo tino t h oroanization o: indn try for *he purpose of oper tive action of Jabor and mana ment under adequate governmental ~anciion an l upervi. iori by liminating unfair competitive pra t ic by promoting the fulle t po sib le utilization of the pre. ent produ tive capacity of industrie by avoiding undue r triction of production ( except as may be temporarily required), by in r e a i11g the consumption of inclu trial and agricultural products through increasino purchasing power, by r ducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating indu. try. (b) The Code as amen led comp li es in all r e p e cts with the pertinent provisions of aid Title of aid Act, including without limitation sub-section (a) of Section 3, ub-section (a) of Section 7 and sub section (b) of Section 10 thereof. (2)

PAGE 5

3 ( c) Th Co le empowers the Code Authority to present the aforesaid amendment on b half of th Trade as a whole. ( d) The amendment an 1 the Cod as amended are not de igned to and will not p rmit rn.onopolie or monopolistic pructices. ( e) The amen lment and the Co le as amended are not designed to and will not eliminate or oppre s mall enterprises and will not oper ate to di criminate against them . . (f) Those engage 1 in other s teps of the economic proce s have not been deprived of the right to be heard prior to approval of said amendnient. (g) This amendment is imperative to the existence of the Retail Drug Trade and without such n, provision the said Trade will not be able to comply with the other provisions of the Code established therefor. For these reasons the amendment has been approved. SEP'TEMBER 21, 1934. I HUGH S. JOHNSON, Ad11iinistrator.

PAGE 6

ANIENDMENT TO CODE OF FAIR co:MPETITION FOR Tl-IE RETAIL TRADE Secti o n 6 of Sc h edu l e "A" of the Code of Fair Competition for the Retail Trade, as amended, i s h ere b y amended a follow s : SEc . 6 . It i s hereby declared an unfair trade practice for any drug retailer to sell any drug , medicines, cosmetic toil e t preparations o r drug sundries nt a price b e low the manufacturers' whole a le list price per dozen; provided, h oweve r that in the case of biolo g ical s or other of the above-mentioned products, which are not c u stomarily sold in dozen or greater lots, the Code Authority m~y fix a c omparable unit quantity. The Administrator, at the recommendation of the National Retail Drug Code Authority or otherwise, after s uch notice and h earing as h e m ay deem n ecessary, may s u spe n l or modify the operation of this clau e at any time when it appears that such operation does not t end to effectuate the purposes of Title I of the Act. The Administrator shall suspend or modify the operation of this clause in any particular case where a manufacture r is found to b e manipulating his prices because of this prov i sion in such a manner as to maintain an unwarrantecUy highe r price to the ultimate consumer or to op.press small enterprises, or otherwise to defeat the purposes of the A c t. Approved Code No. 60-Amendment No. 6. Registry No. 1625-2-02. (4) 0

PAGE 7

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