Approved Code No. 407-Amendment No. 1 Registry No. 607-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
DRY COLOR INDUSTRY
AS APPROVED ON SEPTEMBER 14, 1934
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Approved Code No. 407-Amendment No. 1
Registry No. 607-1-01
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Approved Code No. 407-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
DRY COLOR INDUSTRY
As Approved on September 14, 1934
APPROVING AMENDMENTS OF CODE OF F.IR COMPETITION FOR THE DRY
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 Dry Color Industry, and
opportunity to be heard having been afforded all interested parties,
and any objections filed having been duly considered, and the an-
nexed 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
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 amendments 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 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 Industrial Recovery.
JOSEPH F. BATTLE,
Acting Division Administrator.
September 14, 1934.
REPORT TO THE PRESIDENT
The WlFitc House.
Sin: This is a report on the proposed amendments to the Code of
Fair Competition for the Dry Color Industry as approved by you
on April 25, 1934. A notice of opportunity to be heard has been
published, giving all interested parties full opportunity to be heard.
This report covers two amendments, the purposes and effects of
which are as follows:
Amendment. No. 1 provides that the Code Authority will be noti-
fied by the impartial agency, to whom asse~sinents are to be paid,
of all failures to pay such assessments in order that suitable action
may be taken by the Code Authority as provided in the Code.
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 the approval
of the Administrator an itemized budget and an 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 amendment if their principal line of business is covered by
The Deputy Administrator in his final report to me on said
amendments to 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 uni'er 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
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise reh:ibilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tat.ion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (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 amendments and the Code as amended are not de-
signed to and will not permit monopolies or monopolis.tic practices.
(e) These amendntents 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 1, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE DRY COLOR INDUSTRY
AMENDMENT 1. Modify Article VI, Section 4 (a), by adding
thereto the following words: provided, however, that if the impar-
tial agency shall report, that. any member of the Industry has for
sixty (60) days after the date of mailing the notice of the assessment
failed to pay such assessment, the amount of such assessment shall be
made known to the Code Authority for the purpose of taking any
action authorized by Section 4 (e) of Article VI of the Code."
AMENDMENT 2. Delete Section 4 (e) of Article VI and substitute
therefore the following:
"(e) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized:
"(a) To incur such reasonable obligations as are necessary
alnd proper for the foregoing purposes, and to meet such obli-
gations out of funds which may be raised as hereinafter pro-
vided and which shall be held in trust for the purposes of the
"(b) To submit to the Administrator for his approval, sub-
ject 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 Dry Color Industry;
"(c) After such budget and basis 9f contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the Dry
Color Industry, and to that end, if necessary, to institute legal
proceedings therefore in its own name.
"2. Each member of the Dry Color Industry shall pay his or
its equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the Industry complying with the Code
and contributing to the expenses of its administration as herein-
above provided (unless duly exempted from making such contribu-
tion), shall be entitled to participate in the selection 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
3. The Code Authority shall neither incur nor pay any obli-
gation 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
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 N'i. 407-Amiendnlutit No. 1.
Registry No. 607-1-01.
UNIVERSITY OF FLORIDA
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