Approved Code No. 362-Amendment ~o . 2 Registry No. 1650-17 

NATIONAL RECOVERY ADMINISTRATION 

.AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

PHOTOGRAPHIC 

AND PHOTO FINISHING 

INDUSTRY 

AS APPROVED ON MARCH 4, 1935 

.. 

WE DO OUR PART 

-·.-

UNITED STATES 

GO\ ERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents, Washington, D. C. - - - - - - - - - Price 5 cents 
This puolicntion is for ~ale by tile Superintendent of Docurneuts, \: ::muent 

Printing Oiliee, Washington, D. C., and by district offices of the Bureau ot 

Foreign and Domestic Commet·ce. 

DISTRICT OFFICES OF THE DEPART!?IENT OF COM.\IERCE 

Atlanta, Ga.: 5' -i P ost Ollic:c Buifd in~ . 

Hirmioglwm, Al: l. : 257 F edera l Building. 

Boston, i\In ·s.: 1801 Custowhou:-;e. 

Buffa lo, N. Y.: Cllamber of Commer ce Bui ld ing. 

Charleston, S. C.: Chamber of Commer ce Building. 

C!Jicagn, Ill.: 8 uitC' 1706, :...:01 No rth \Yells Street. 

Cleveland, Ohio: Cl1nmber of Commeree. 

Dallas, Tex.: Clwmuer of Comme rce· Building. 

Detroit, :Mi ch.: SOl .Ifirst National Bank Building. 

H ouston, Tf'x.: Chamber of Commerce Duilding. 

Iml iunapolis, I nd. : Chnmher of Commerce Building. 

J acli:sonvill 0 , F la .: Clwmber of Commerce Building. 

K uns:ts City, Mo.: 1028 Ba ltimo re A>enue. 

Los An t:> le -·, Cn lif.: 116::l South Broadway. 

LouLvill e. K y.: .:JO Federa l Buillling. 

l'.lemphi , T enn. : 229 Federal Bnilcling. 

Minn eapolis, Iinn.: 21:3 Federa l Building. 

New Orlean , Ln.: Rocm 223-A, CustomlJOuse. 

New York , N. Y.: 'l34 Custombouse. 

Norfol k, Ya.: -:i.OG Ea t Plume Street. 

PhilacleltJhia. Pa. : 422 Comme ll Trust Building. 

Pittsbu rgh . Pa.: Chamber of Commerce Building. 

P ortland , Or ~. : 21!'5 New Post Office Building. 

St. Louis. l\'Io. : o06 Olive Street. 

S::tn Francisco, Cn lif.: 310 Customhouse. 

S~attle, Wa ll.: 809 Federa l Office Building. 
Approved Code No. 362-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PH·OTOGRAPHIC AND PHOTO FINISHING 

INDUSTRY 

As Approved on March 4, 1935 

ORDER 

APPROVING AMEND~IF.XT OF CoDE OF FAIR Col\IPETITIOX Fon THE 

PHOTOGRAPHIC AND PHOTO FINISHING INDUSTRY 

An application having been duly made pur uant to and in full 

compliance with the provi ions of Title I of the National Industrial Recovery Act, approved J nne 16, 1933, for the Photographic 

and Photo Finishing Indn try, an l hearings having been duly held 

thereon and the annexed report on said Amendment, containing 

finding with respect thereto, having been n1ade and directed to the 

President: 

NO,V, THEREFORE, on behalf of the Pre iclent of the United 

State. , the National Inclu trial Re overy Boar 1, pursuant to authority ve. -ted in it by Executive Orders of the Pre iclent, including 

Executive Order No. 6859, and otherwi e, does hereby incorporate, 

by reference, said annexed report and does find that aid Amendment and the Code as onstitutecl after being amended comply in 

all respects with the pertinent provi ions and will promote the 

lJolicy and purpo e of said Title of . aiel Act, an l doe hereby order 

that . aid Amendment be and it is hereby approve l, and that the 

previous approval of said Code a · amen led i hereby modified to 

include an approval of aid Code in its entirety as amended, such 

approval and such Amendment to take effect twenty (20) clays from 

the date hereof, unle s good cau e to the contrary is shown to the 

National Industrial Recovery Board before that time and the N ationa! Industrial Re overy Board i ues a subsequent order to that 

effect. 

N ATION.\L IND • TRIAL RECOVERY BOARD, 

By ,V. A. HARRil\fA~, AdministJ·ative Officer. 

Approval recommended : 

JoHN ,iV. UPP, 

Acting Divi rion Ad1ninist1·ato1'. 

'VASHINGTON, D. c. 

March 4, 1935. 

119377°~-160:'-33-33 (]:) 
REPORT TO THE l'RESIDEXT 

Tho PRESIDENT, 

Th e lVhite H ouse. 

SIR: The Code Authority for the Photographic ancl Photo Finishing Industry on NoYember 20) 1934 submitted an application for an 

amendment to the Code of Fair Competition fo r the ~a d Industry. The purpose of the pr o~e c1 <.nnenclment "\Ya s to correct. in :-·o far · 

possible, e:s:if:l ting inequities. A public hearing wa s held in \Yashington on January 3, 1035 pursuant to the proYisions of the National I ndustrial RecoYery Act. 

EYery person "\Yho r equested an appearance was heard in accordance 

IYith statutory and reguhtory r equirements. 

The propo ~e c.l amendments include a change in the administrative organization, the modification of certain proYisions to n form 

more equitable and capable of ac1m · nistration, and th e conformation 

of certain other proYisions to existing policy. 

The Deputy Administrator in his final r eport on said nmenclment 

t o said Code having found as her ein set forth and on the basis of all 

the proceedings in this matter: 

It is found that: 

(a) The amendment to said Cocle and the Code as amended are 

\"Yell designed to promot e the policies and purposes of Title I of the 

National Industrial RecoYery Act including the removal of obstructions to the free fiO\Y of interst ate and foreign commerce ·which tend 

to diminish the amount thereof, and will proYide for the general welfare by promoting the organization of industry for the purpose of 

cooperative action of labor and management under adequate government al sanction and supervision, by eliminating unfair competitive 

practices, by promoting the fullest possible utilization of the pr-:~s ent 

productive capacity of industries, by avoiding undue restriction of 

production, by increasing the consumption of industrial and agricultural products through increasing purchasing pO\\·e r, by r educing 

and relieving unemployment, by improving st andanls of labor, and 

by otherwise r ehabilitating industry. 

(b) The Code as amended comphes in all r espects \Yith the pertinent. provision of said title of said act, including without limitation 

.:inbsection (a) of section 3, subsection (a ) of section 7 ancl subsection (b) of section 10 thereof., 

(c) The Code empowers the Code Authority to present the afore-

.:mid amendment on beh alf of the industry as a whole. 

(d) The amendment ancl the Code as amended are not desif!ned 

to and will not penni t monopolies or monopolistic practice .... . 

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

and wiH not eliminat e or oppress small enterprises and will not operate to discriminat e against them. 

( 2 ) 
3 

(f) Those engaged in other -te1 s of the e ·onomi pro ess have 

not been deprived of the right t be heard prior to approval of . ·aid 

amendment. 

For the ·e rea ·on ~ therefore. thi. Amendment ha. been approved. 

For the National Industrial Recovery Board: 

MARCH 4. 193:'5 . 

• 

\V. A. l-LI\RRil\IAN, 

AdministJ·ative Offic , .. 
A~IE~D~1ENT TO CODE OF F .. :\.IR COJIPETITIOX FOR 

THE P!-IOTOGRAPHIC AND PI-I 0 T 0 FI~ISHING 

INDUSTRY 

ITEl\1 1. 'Vherever used in the Code, clelete th wor 1 ''A lministrator' or the phra ·e "Admini. trator for I .duc;;trial RecoYery " 

and ubstitute therefor the phrase · National I1Hlnstrial RecoYery 

Board", and whereYer the word "he.,, referring to Administrator 

i · n ·ed, substitute the word "it.' 

ITE}.-1 2. Wherever used in the Cole, clelete the wonb '• Code Authority" and sub titute therefor the \vord '( Di ,.i. ·ional Code 

Authority." 

lTEl\1 3. In the second line of Subparagraph (c), Paragraph 1, 

of Article II, delete the \VOrd '· or " before the 1.Y·orr1 ·· xpotie l " and 

substitl1te the word "of." 

ITEl\1 4. Delete the pre ·ent provision of Paragraph 2 of Article 

IIIand . ubstitute therefor the following: 

"No other employee, except watchmen who may \York not more 

than fifty-two (52) hour· per week and out ·ide · lesmen, may be 

permitted to work in cxce s of forty ( 40) hours per week." 

lTEl\1 5. Delete the pre ent provi ·ion of Paragraph 3 of ~rticle 

III and substitute therefor the following : 

" The provisions ·of Section · 1 and 2 of this Article shall not 

apply to members of the Industry operating individually owned 

and individually operated units, or to employers or employees en- g~ged in a managerial capacity earning more than thrity-fiye (35.00) 

dollars per week." 

lTEl\1 6. Add to Article V the following Paragraph to be listed 

as Paragraph 10: 

"No member of the Indu try . hall eli miss or c1emote any employee for making a complaint or giving evidence with re ·pect to an 

alleged violation of the provisions of any Cpde." 

ITEM 7. Dalete Paragraph · 1 and 2 of Article YI and substitute 

therefor the following four Paragraphs: 

1. " \_ Basic Code Authority is .hereby con tituted which shall 

con i. t of the Chairman of each of the DiYisional Code Authorities 

to be elected pur ·uant to the provi ions of thi Article. The Ba ic 

Code Authority shall coordinate an l adjust all matters involving 

inter-divi ional conflict·." • 

2. "A Divi ional Code Authority for each of the DiYisions listed 

in Paragraph 1 of Article II is hereby constitut d. Each divisional 

Cole Authority shall consi t of at least three (3) and not more than 

five (5) member of that Divi ion, provided, however, the Portrait 

and Commercial Divi ion may admini ter the provisions of this Code 

through _one Divi ional C de Authority. The election of all members 

of each Divi ional Code Authority shall be by a fa-ir method, which 

method shall be submitted to the National Indu trial Recovery Board 

(4) 
5 

for approYal. The National Indu trial Recovery Board may appoint 

additional member · without Yote to repre ent such goYernmental 

ag ncie. as it de ire .. , 

3. ' Each Divi ional Code Authority shall in accordance with uch 

r gulation as may be pre. ·cribed by the National Indu trial Recovery 

Board have exclusive jurisdiction OYer matter.· pertaining and/ or 

problems relating exclusiYely to tha.t Division, including the collec- tion and eli po ·ition of fund.· paid by member.· of that DiYi<::ion for 

Code purpo e ·." 

4. "Each DiYi ional Code Authority may e tabli h in any Trade 

Area local Trade Area Code Committee to administer the provi ions 

of this Code in that parti ular Tra l Area, provided, however, that . uch Trade Area signifie it 1 ire for such a lmini tration. The 

ro t of such a imini.._ tration shall be borne on a voluntary ba ·is by 

the members of that Tracie Area. All action of Trade Area Code 

Cmnmittee so constituted shall be ubject to the approYal of the Diviional Code Authoritv:' 

ITEM 8. Delete the 'pre ent titular numbers of Paragraph.· 3 and 4: 

of Article \ I and ub .. titut e. therefor the titular number.~ 5 and 6. 

ITEl\I 9. Delete the pre ent Paragraph 5 of Article VI of the Code 

a · amended on October 6 1934, and substitute therefor the following 

to be listed as Paragraph 7: 

7. " Nothing contained in thi · Code hall con titute the 1\Iember 

of the Basic Code Authority or any Divisional Code Authority partner · for any puq o. ·e. Nor ·hall any }\fember of the Basic Cole Authority or any Divisional Code Authority be liable in any manner to 

anyone for miy act of any other Member, Officer, Agent or Employee 

of the Ba ·ic Code Authority or any Divi ional Code Authority. Nor ·hall any }\1ember of the Basic Cole Authority or any DiYi ·ional 

Code Authoritv be liable to anyone for any action or omis. ion to 

act under the Code, except for hi · o"·n willful mi fea sance or nonfeasance." 

ITEl\I 10. Delete the pre ent titular number of Paragraph 6 of the 

Code a · amended on October 6, 1934 and sub titute therefor the 

titular number 8. 

ITEM 11. Delete the present titular number of Paragraph 7 of the 

Code as amended on October 6. 1934 .and ·nb titute therefor the following to be li ted a Paragraph 9: 

9. "If the National Industrial RecoYery Board shall determino 

that any action of either the Ba ic Code Authority or any Divi ional 

Code Authority or any agency thereof may be unfair or unju t or 

contrary to public intere ts, the National Industrial Recovery Board 

ma.y require that uch action be u pendecl to afford an opportunity 

for an inYe tigation of the merit of uch action and further consi ieration bv the Basic Code Authority or the Divi ional Code Authority or any agency thereof pending final action which ·hall not be 

effective unle~ · the National Industrial Recovery Board approves 

or unless it hall fail to eli approve after thirty (30) clay notice to 

it of intention to proceed with such action in it original or modified fonn.~' 

ITE~r 12. Add to the two existing Subparagraph of Paragraph 3 

of Article VIII the following Subparagraphs: 
6 

C. "To fail to include as a condition of sale filed with the Trade 

Are<:l Code Committee, in such regions \Yhere price filing is r equired, 

th<.' length of time gPner ally quir d bef ore the finished Industry 

ProLlnct is rea dv for t he consumer. " 

D. " T o gra nt or offe r to grant trade cli!:icounts contrary to the 

provision as set i!orth i11 Schedule ' C ' attached her eto." 

~r 13. Delete ~\rticle IX and substitute therefor the f ollowing: 

1. '·Each member of the Industry in those T rade Ar eas which 

lm Ye elected Tnllle \_rea Code Committees pursuant to the prmTisionf· 

of Pnragra ph 1: of Article YI shall file with a confidential nncl disinterested agent of the Tra de Ar ea Code Committee or, if none, then 

with such an agt>nt designated by the National Indu::; trial Recovery 

I3onn1, identifie<l li:--ts of all of his prices, discounts, r ebates, allowances and all other terms or conditions of sale, her einaft er in thi~ 

Article referred to as ' price t erms ', which lists shall completely 

and accurately conform to and r epresen t the indiYidnal pricing practices of said member. Such lists shall contain the price t erms for all 

h st andard products of th e I ndustry as are sold or offer ed f or 

sale by said member and f or snch non-st andard products of said 

member as shall be designat ed by the Divisional Code Authority . 

Said price t erms shall in the first instance be filed within 30 clays 

after the date of approYnl of this proYision. P rice terms ancl revised 

price terms shall become effectiYe immediately upon r eceipt thereof 

by saicl agent. Immediately upon r eceipt thereof, said agent shall 

by telegraph or other equally prompt means notify said member 

of the t ime of such r eceipt. Such list::> and r evisions, together with 

the effective time th ereof, sh all u pon r eceipt be available to both 

the members of the Industry and their customers who haYe applied 

therefor and h aYe offer ed to defr ay the cost ac tually incurred by the 

DiYisional Code Authority or its agent in the p rep ar ation and dis1Tibntion thereof. The Code Committee sh all maintain a permanent 

file of all price t erms filed as her ein provided and shall not destroy 

any part of such r ecords except upon written consent of t he Na tional 

I ndustrial RecoYe ry Boarcl. U pon request t he T rade A r ea Code 

Committee sh all furnish to the National I ndustrial eco-n~ v Board 

or any cluly d esignated agent of the National Industrial Recovery 

Boar d copies of any such lists or r evisions of price t en n s.:' 

2. " \Vhen any member of the Industry has filed any r eYision such 

member sh all not file a higher price vYithin forty-eight ( 48 ) hours." 

3. ;, No member of the I ndustry shall sell or offer to sell any 

products of the I ndustr y, f or which price terms haYe been filed pursmmt to th.e provisions of this A rticle, except in accordance with such 

price tenns." 

4. '' No member of t he I nrlustry sh all enter into any agreement, 

nnclel·standing, combination Ol' conspiracy t o fix Ol' maintain price 

rm , no cause or attempt to cause any member of tho Industry to 

change hjs p rice terms by the use of intimidation: coer cion, or nny 

ether influence inconsistent with the maintenance of the free and 

o1pen mar ket which it is the pnrposc of t his Article to cr eate." 

5. "The standa rds of f air competition for the. I ndustry \Yith r ef erence to pricino· p r actices are declared to be as folloY1·s : 

' (a ) \Vilfully destructive price cutting is an unfair method of compet1tion nr..u is forbidden. Any member of the Industry or of any 
7 

other Industry or the customers of either may at any time complain 

to the Di,isional Code Authority that any fi led price constitutes unfair competition as destructive price cutting, imperiling small enterprise or tending toward n1onopoly or the impairment of code wages 

and working conditions. The DiYisional Code Authority shall within 

fi\e ( 5) days afford an opportunity to the member filing the price to 

answer such complaint and shall within fourteen (14) days make a 

ruling or adjustment thereon. If such ruling is not concurred in by 

either party to the complaint, all papers shall be n~ferred to the Re-

;earch and Planning Di-vision of the National Reco1ery Administration ''hich shall render a report and recommendation thereon to the 

X ational Industrial Recovery Boarcl. 

'(b) \Vhen no declared emergency exists as to any gi,en produd, 

there is to be no fixed minimum basis for prices. It is intended that 

.;ound cost estimating methods should be used and that consideration should be given to costs in the determination of pricing policies. 

(c) \Vhen an emergency exists as to any gi-ven product, sale below 

the stated minimum price of such product, in violation of Paragraph 

6 hereof, is forbidden.' " 

6. "(a) If the National Industrial RecoYery Board, after in-vestigation shall at any time find both (1) that an emergency has arisen 

within the Industry adversely affecting sn1all enterprise or wages 

or labor conditions, or tending to\\ard monopoly or other acute 

conditions which tend to defeat the purposes of the Act; and (2) 

that the determination of the stated minimum price for a specified 

product \\ithin the Industry for a lim.ited period is necessary to 

mitigate the conditions constituting such emergency and t o effectuate 

the purposes of the Act, the DiYisional Code Authority may cause 

an impartial agency to inYestigate costs and recommend to the 

K ational Industrial RecoYery Board a determination of the stated 

minimum price of the product affected by the emergency and thereupon the I\ ational Industrial RecoYery Board may proceed to 

determine such stat ed minimum price. ' (b) \Vhen the National Industrial RecoYery Board shall have 

letermined such stn ted minimum price fo1· a specified product for a 

.~t atecl period, \\hich price shall be reasonably calculated to mitigate 

the conditions of such emergency and to effectuate the purposes of 

the X ational Industrial Reco1ery Act, it shall publish such pricv. 

Thereafter, during such stated period, no member of the Industry 

shall ~e ll such specified products at a net r ealized price below said 

tatecl minimum price anc1 any such sale shall be deemed clestruc·· tiYe price cutting. From time to time, the Divisional Code Authority may recommendreYiew or reconsideration ~r tl:e National Indus- trial Recoyerv Board may cause any deternnnatwns hereunder to 

be reYiewed o~r reconsidered and ar)nrol)riate action taken." L .L 

lTK\I 14. Delete Article X. ITE~I 15. Delete the present Article XI and substitute therefor the 

follo"·ing to be listed as Article X. 

1. '·This Code and all the provisions th€reof are expressly mad€ 

snbj€ct to the right of the President, in accordance \\ith the provi-

·~ ion s of subsection (b) of Section 10 of the National Industrial Re - coYery Act, from time to time, to cancel or modify any order, 

approYal, license, rule, or regulation issued until Title I of said Act, 
8 

and specifically, but with ut limitations, to be the right of the Presi-

<1ent to cancel or moclif.) his approYnl of thi · Code or any condition: 

impo ·ed by him upon approval thereof. ' 

2. "1 hi Code, except as to provision:-: required by the .Act, may be 

modifie l upon the ba i · of experience or changes in circum tance , 

h modifications to be ba ·eel upon application to the National 

Industrial Recovery Boa rd by either the Basic Code Authority or 

any Divi ional Code Anthority and ·neh notice and hearing as it shall 

specify, and to become effective upon approval by the Pre ident.'' 

ITEM 16. Change the titular numbers of Article XIII, and XII 

to XI and XII. 

ITEM 17. D·elete the provisions of Schedule " C" and substitute 

therefor the following: 

' The total of all lisconnts including cash eli ·ount shall not 

rxceed thirty-five per cent ( 35 % ). All cash discounts are conditioned 

upon the payn1ent of the account by the fifteenth of the following 

month, however, the Divisional Code Authority may authorize exception to this trade discount provided, that eighty-five per cent 

(85 % ) of the members of the Industry in a Trade Area show that 

tlue to conditions peculiar to tha t area or for other sufficient cau e, 

xception should be permitted. The National Industrial Recovery 

Board may approve, disapprove, or modify the determination." 

Approved Code No. 362-Amendment ~o. 2. Registry No. 1650- 17. 

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UNIVERSITY OF FLORIDA 

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3 1262 08728 5929 

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