Approved Code No. 334-Amendment No.4 Registry No. 1331-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT T,O 

CODE OF FAIR COMPETITION 

FOR THE 

BEVERAGE DISPENSING 

EQUIPMENT INDUSTRY 

AS APPROVED ON MAY 11, 1935 

~ 00 OUR PAm" 

U NITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1935 

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Approved Code No. 334-Amendment No. 4 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

As Approved on May 11, 1935 

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 

Recovery Act, approved June 16, 1933 for approval of an amendment to a Code of Fair Competition for the Beverage Dispensing 

Equipment Industry, and a public hearing having been 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 authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 2'7, 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 amended to include an approval of said Code in its entirety 

as amended. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRil\fAN, Administrative Officer. 

Approval recommended: 

JoHN vV. UPP, 

Acting Division Administrator. 

wASHINGTON, D. C., 

May 11, 1935. 

135371°----1844-31----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on an amendment to Article VIII of the Code 

of Fair Competition for the Beverage Dispensing Equipment Industry, submitted by the Code Authority in accordance with Article 

IX of the Code as approved on ~1arch 16, 1934, and now approved 

by the National Industrial Recovery Board. 

This amendment is intended by the Code Authority to put an end 

to unfair competitive conditions in the Industry which recently have 

developed. It is designed to prevent the copying of, and the making 

of bids and estimates from, the plans, specifications, and/or elevations 

or drawings, of Industry members without their consent, and to correct an emergency situation, brought about by the announced intention of the largest member of the Industry to itself absorb all 

financing charges rather than pass them along to customers buying on 

installment terms, by requiring the addition of a minimum financing 

charge to cash prices whenever installment payments are allowed. 

This amendment was submitted by the Code Authority on March 

16, 1934, and, a Public Hearing on it and other proposals having been 

held on July 21, 1934, has now baen revised in accordance with suggestions made by the various advisory boards and divisions at a posthearing conference, April 2, 1935. 

FINDINGS 

The Acting Assistant Deputy Administrator in his final report to 

the National Industrial Recovery Board on said amendment to said 

Code found as herein set forth, and on the basis of all the proceedings 

in this matter, we find that: 

(a) The trade practices described above do exist in the Industry 

and have resulted in an unfair competitive situation demanding 

relief. (b) The amendment as approved is well designed to relieve this 

situation. 

(c) The amendment to said Code and the Code as amended are well 

designed to promote the policies and purposes of Title I of the N a- tiona! Industrial Recovery Act including the removal of ob tructions 

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 under adequate govern- mental sanction and supervision, by eliminating unfair competitive 

practices, by promoting the fullest possible utilization of the present 

productive capacity of industrie , by avoiding undue restriction of 

production (except as may be temporarily required), by increasing 

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the consumption of industrial and agricultural products through 

increasing purchasing power, by reducing and relieving unemploy- ment, by improving standards of labor, and by otherwise rehabilitating industry. 

(d) The Code as amended complies in all respects with the pertinent 

provision of said title of said act, including without limitation subsection (a) of section 3, subsection (a) of section 7 and sub ection (b) 

of section 10 thereof. 

(e) The Code empowers the Code Authority to present the aforesaid 

amendment on behalf of the Industry as a whole. 

(f) The amendment and the Code as amended are not designed to. and will not permit monopolies or monopolistic practices. 

(g) 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. 

(h) 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, this amendment has been approved. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN, 

A d1ninistrative 0 fficer. 

MAY 11, 1935. 
AMENDMENT TO CODE OFF AIR COMPETITION FOR THE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

Amend Article VIII by adding the following sections: 

SEcTioN 7. Financing 0 harge: If installment payment terms are 

granted on sales, members shall add to their cash prices, for each 

month specified in sales contract as constituting the period over which 

installlnent payments shall be made, an amount equal to not less than 

one-half (:Y2 ) of one (1) per cent of the unpaid balance remaining 

after cash payment has been. deducted from sales price. This charge 

5hall be construed as covering financing charge and interest to maturity of notes or other evidence of indebtedness. 

Any contract for the sale or transfer of any product of the industry 

which does not provide for payment in full within ninety (90) days 

after the date of shipment of such product sold is an installment 

transaction, and shall be subject to all rules or provisions governing 

installment sales contained in this Code. 

SEcTION 8.-Using Oo1npetitor's Plans: No member of the industry 

shall knowingly make bids ore timates to a prospective customer, for 

a specific project, from plans, specifications andj or elevations or 

drawings belonging to another member without first obtaining the 

consent of such member. 

Approved Code No. 334-Amendment ro. 4. 

Registry No. 1331-02. 

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