Approved Code No. 356-Amendment No.1 Registry No. 1013-10 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

FULLER'S EARTH 

PRODUCING AND MARKETING 

INDUSTRY 

AS APPROVED ON SEPTEMBER 25, 1934 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFI ~ 

WASHINGTON: 1934 

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Approved Code No. 356-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FULLER'S EARTH PRODUCING AND MARKETING 

INDUSTRY 

As Approved on September 25, 1934 

ORDER 

APPROVING AMENDMENT TO CoDE OF FAIR CoMPETITION FOR THE 

FuLLER's EARTH PRODUCING AND MARKETING INDUSTRY 

An applioation 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 the Code of Fair Competition, and NOTICE OF OPPORTUNI TY TO BE HEARD, Administrative Order 356--4, dated June 

22, 1934, having been published and the objections filed pursuant to 

said notice having been given due consideration, and the annexed 

report on said amendment, containing findings with respect thereto 

having been made and directed to the President: · 

NO'\V, 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 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 Industriar R ecovery. 

Approval recommended: 

c. E. ADAMS, Divi~ion Adrninistrator. 

WASHINGTON, D.C., 

Septembe1· B5, 1931,.. 

87677°----1181- 97----34 (1) 
REPORT TO TH E PRESIDENT 

The PRESIDENT, 

The White Hottse. 

Srn: An applicatiop has been duly ma-de pursuant to and in f ull 

compliance with the provisions of the National Industrial Recovery 

Act, for an amendment to the Code of Fair Competition for the 

Fuller's Earth Producing and M-arketing Industry. 

FINDlliGS 

The Deputy Administrator in his final report to me on said 

amendment to said Code having found as herein set :forth and on 

the basis of all the proceedings in this mattar : 

I 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 RecoveTy Act including the removal of obstructions to the free flow of interstate and foreign commerce which 

tend to din1inish the amount thereof, .and will provide for the 

general welfare by promoting the organization of indu try for 

the purpose of <::ooperative action among trade groups, by inducing 

and maintaining united action of labor and manageinent under 

adequate governmentai sanction and supervision, by eliminating un- fair comp€titive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding 

undue restriction of production ( exoept as may be temporarily required), by increasing the consumption of industrial and agricul- tural products thnmgh increasing purchasing power, by reducing 

and relieving 1.mer.nployn1ent, by improving standaras of labor, and 

by otherwise rehabilitating inaustry. 

(b) The Code as an1ended corn plies in all Tespects with the perti- nent provision of said Title of said Act, including without limitation snb-se<:tion (a) of Section 3, ·ub-s€ction (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

(c) The Oode •empowers the Code .Authority to present the afore- said an1enclment on behalf of the industry us a whole. 

(d) The amendment und the Code as an1-ended are not designed 

to and will not permit n1onopolies or monopolistic pra<::tices. 

(e) The amendment and the Code as amended are not Clesigned 

to and will ~ot elimim.tte or oppre s small enterprises and will not 

operate to discriminate again t them. 

(f) Those engaged in other steps of the econ mic process hav-e 

not been deprived of the right to be heard prior to appTov.al of said 

amendment. 

For these reason , therefore, I have approv€c1 this amendment. Respectfully, 

SEPTEl\IBER 2 .... ' 1934. 

(2) 

HuGH S. JOHNSON, 

Ad1ninistrato1'. 
AMENDMENT TO CODE OF FAIR C0~1PETITION FOR 

THE FULLER'S EARTH PRODUCING AND MARKETING 

INDUSTRY 

A11wndnwnt No. 1.-Article II, Section 1 to be revised by elim- inating the Section and substituting therefor the following: 

The term "Fuller's Earth" is a general term used to define all 

clays and/or clay-like 1nineral earths which are produced in any form 

for the primary purposes of decolorizing and/ or filtering and/ or 

neutralizing oils and/or fats and/or similar substance , not requiring 

chemical treatment for such purposes. 

Amendm.ent No. 92.-Amend Section 1 of Article V by inserting 

the following sentence after the second sentence in the Section: 

""\Vithin thirty (30) days from the approval of this Amendment 

the Code Authority shall submit to the Administrator for approval, 

a list of such operations or occupations. 

Am.encl?nent No. 3.-Amend Section 7 of Article V by striking 

out the Section and substituting therefor the following : 

SECTION 7. All employers shall post and keep posted copies of 

this Code in conspicuous places accessible to all employees. Every 

member of the Industry shall comply with all rules and regulations 

relative to the posting of provisions of Codes of Fair Competition 

which may fr01n time to time be prescribed by the Administrator. 

Anwndment No. ,4.- Amend Article V by acltling the following 

provision as Section 9. No employer shall dismiss or demote any employee for making 

a com.plaint or giving eYidence with respect to an alleged violation 

of the provisions of this Code. 

Am.endntent No. 5.- Article VI, Section 1, to be changed to read 

"Article VI, Section 1 (a) " and adds as a new Section 1 (b) thereto 

the following : 

The Code Authority 1nay, upon its own initiative or upon the request of one or more members of the Industry, and subject to the 

approval of its action by the Administrator, appoint not more than 

two additional members of the Code Authority from among m.embers 

of the Industry or their representatives, such members to be 

appointed for the same term of office as the four members described 

in Section 1 (a) of this Article, and to act together with the said 

four members, as members of the Code Authority, provided that no 

member of the Industry shall have more than one representative 

on the Code Authority; and further provided that after the first 

term the two additional positions hereby created shall be filled in the 

same manner as set out in Section 1 (a) above. 

Amendm.ent No. 6.- Delete Section 4 of Article VI, and subSection (g), Section 6, Article VI, and re-number the remaining 

Sections of Article VI to conform to arithmetical order, and change 

sub-Section (h) of Section 6 of Article VI to read sub-Section (g). 

Delete sub-Section (f) of Section 6 of Article VI and substitute 

the following : 

(3) 
4 

(f) 1. It being found necessary in order to support the aclminis~ 

tration 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 obligation out of funds which may be raised as. hereinafter pro·-

vided and which shall be held in trust for the purposes of the 

Code; 

(b) To submit to the Administrator for his approval subject 

to ·uch 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 Industry; 

(c) After such budget and basis 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 necessary, to institute legal proceedings therefor in its own name. 

2. Each member of the 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 Administrator. Only 

members of the Industry complying with the Code and contributing 

to the expenses of its administration as hereinabove provided, unless 

duly exempted from making such contribution, 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. 

3. 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 

contained in the approved budget, except upon approval by 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. 356-Amendment No. 1. 

Registry No. 1013-10. 

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UNIVERSITY OF FLORIDA 

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