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Approved Code No. 334-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

As Approved on April 6, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE 

BEVERAGE DisPENSING EQmPMENT 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 an opportunity to be heard having been 

duly afforded to all interested parties 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 6859 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, such approval and such amendment to take effect fifteen (15) days from the date hereof, unless 

good cause to the contrary is shown to the National Industrial Recovery Board before that time and the National Industrial Recovery 

Board issues a subsequent order to that effect. 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended : 

JOHN w. UPP, 

Acting Division Administ,rator. 

WASHINGTON, D. c., 

April 6, 1935. 

127173°----1749-28----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on an amendment to the Code of Fair Competition for the Beverage Dispensing Equipment Industry designed 

to improve the definition of the Industry. This amendment was propo ed in accordance with Article IX of the Code a approved on 

March 16, 1934. Notice of Opportunity to be Heard was given from 

November 23, 1934 to December 4, 1934 during which time no objection was filed against this amendment. 

FINDINGS 

The Acting Assistant Deputy Administrator in his final report 

to the National Industrial Recovery Board on said amendment to 

said Code having found as herein set forth and on the basis of all 

these proceedings in this matter : 

The Amendment of Article II, Section 1 will change and amplify 

the definition of the term "Beverage Dispensing Equipment Industry." 

Findings: The definition of the term " Beverage Dispensing 

Equipment Industry" as set forth in the Code as approved, has not 

been satisfactory to the Industry as a whole. This amendment will 

provide a more inclusive and accurate definition of the Industry by 

broadening the definition to include those enga.ged in manufacturing 

andj or installing operations, and will make it impossible for any 

member of the Industry to ignore his rightful obligations. Adequate 

representation has been afforded those firms in the Industry which 

will be affected by this amendment. 

GENERAL FINDINGS 

On the basis of all the evidence in this matter and the studies 

and findings of the Advisory Boards, I find that this amendment 

and the Code as constituted after being amended will comply with 

the provisions of the Act: 

(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 Recovery Act including the removal of obstruc- tions to the free flow of interstate and foreign commerce which tend 

to diminish the amotmt 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 gov- ernmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the 

(2 ) 
3 

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 products through increasing purchasing power, by reducing and relieving 

unemployment1 by improving standards of labor, and by otherwise 

rehabilitating Industry. 

(b) 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 subsection (b) of section 10 thereof. 

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

to and will not permit monopolies or monopolistic practices. 

(d) 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. 

(e) 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, 

APRIL 6~ 1935. 

Admilnistrative Officer. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

Amend Article II, Section 1 to read as follows: 

SECTION 1. The term" Beverage Dispensing Equipment Industry" 

or " Industry " as used herein is defined to mean and include: 

(a) The manufacture (fabrication and/or assembly) for sale by 

the manufacturer (fabricator or assembler) of all dispensing equipment for beverages as herein defined, including front counters and 

back bars, drain boards, soda fountains, and carbonators which are 

a part of beverage dispensing equipment and sold in connection with 

or for use therewith, but not including barrels, kegs and other containers in which beverages are packaged for delivery to the dispenser. 

(b) The manufacture (fabrication and/ or assembly) for sale by 

the manufacturer (fabricator or assembler) of such component parts 

and fittings of beverage dispensing equipment as are used exclusively 

in the manufacture or assembly of beverage dispensing equipment 

or in the dispensing of such beverages as are defined in the code. 

(c) The installing of such equipment and/or parts thereof as are 

heretofore mentioned when performed by the manufacturer (fabricator or assembler) is likewise defined within the scope of this 

definition. 

The term "products of this industry" as used herein is defined to 

mean and include beverage dispensing equipment and/or those component parts thereof as are included within the scope of the definition of the industry or any one of them. 

Approved Code No. 334-Amendment No. 3. 

Registry No. 1331-02. 

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