Approved Code No. 60-Amendment No. 3 Registry No. 1625-2-02 

I A 

NATIONAL RECOVERY ADMINISTRATION 

0 -= . 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

AS APPROVED ON AUGUST 23, 1934 

WE DO OUR PART 

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. TC>f'f 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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'.rhi publication i-s for sale by the -Super ·ntenuent of Docu.m-ents, Go,erument 

Printing Office, Washlington, D.C., and. by -district offices 0f the Bureau of 

Foreign and Domestic Commerce. 

\ 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, i\1ass. : 18@1 'Oustomtwuse. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston. S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 Torth Wells Street. 

Cleveland, .Ohio : Chamber of Commerce. 

Dallas, 'l'ex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Comme.rce Building. 

Indianapolis, Ind. : Chamber of Commerce Building, 

J acksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angele·, Calif.: 1163 Soutb Broadway. 

Louisville, Ky. : 408 Feder~l'l Building. · Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn.: 213 Federn.l Building. 

New Orleans, La.: Ro0m ·225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of -Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 F ederal Office Building. 
Approved Code No. 60-Amendment No. 3 

AMEND1\1ENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on August 23, 1934 

ORDER 

APPROVING AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE 

RETAIL TRADE 

An application having been duly made pursuant to and jn full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of amendments 

to the Code o.f Fair Competition for the Retail Trade, and hearings 

having been duly held thereon and the annexed report on said 

amendments 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 ve,stect in me by Executive Orders of the Pres.-

ident, 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, such approval and such amendments to take effect ten 

(10) days ,from the date hereof1 unless good cause to the contrary 

is shown to the Administrator before that time and the Administrator issues a ,subsequent order to that effect. 

HUGH s. JOHNSON, 

Administrator for Industrial Recovery. 

Approval recommended : 

RoBERT L. HOUSTON' 

Divwon Admin-istrator. 

WASHINGTON, D.C., 

A itgust f3, 1034. 

81813°-1044-102-84 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lV hite House. 

Srn: The :Hearing on the amendments to the Cod of Fair Competition for the Retail Trade was held on ])1ay 4, 1934, at the Mayflower H otel. The amendments, which are attached, were presented 

by duly qualified and authorized r epresenl- atives of th Trade, complying with statutory requirements, such repre entatives being the 

rnern.bers of the National Retail Code Authority, Inc. 

In accordance with the customary procedure, everyone present who 

had filed a reque t for an appearance was freely heard in public, an l all statutor y and r egulatory requirement were complied with. 

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 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 obstructions 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 indu. try for the purpo e 

of cooperative action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the 

present productive capacity of industries, by avoiding undue r 0 striction 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 

unemployment, by improving standards of labor, and by otherwise 

rehabilitatino- industry. 

(b) The C'ode a amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

ub-section (b) of Section 10 thereof. 

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

to and will not permit monopolies or monopolistic practices. 

( cl) The Amendment and the Code as amended are not designed 

to an l will not eliminate or oppress small enterprises and wiU. not 

operate to di criminate against them. 

( e) Tho e engaged in other steps of the economi proce ·s have not 

been deprived of the right to be heard prior to th app ·oval of said 

Amendment.. 

For these r easons I have approved said amendnrnnts to the Code 

of F air Competition for the Retail Trade. 

Re pectfully, 

H uau S. Jou1 i-:oN, 

A drninistrato,r. 

AUGUST 23, 1934. 

(2) 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE RETAIL TR~ DE 

Article I I , Section 1 shall be amended to real as follows: 

' Se tion 1. Retail Trade-The term ' Retail Trade ' as used herein 

shall mean all elling of merchandi e to the consumer and not for 

the purposes of re al in any form, an l all servicing of such mer- chandi e normally performed in connection with retail selling, in the 

continental United States, excluding the Panama Canal Zone. It is 

provided, however, that the term shall not include the selling at retail of milk and its products, tobacco and its product , and foods and 

food tuff , or the dispensing of drugs, medicines, and medical supplies by a physician, denti t, urgeon or veterinarian in the legitimate 

practice of his profession; and it i;:, further provided that the tenn 

shall not include any division of retail selling which is now or may 

hereafter be governed by a separate Code of Fair Competition ap- proved by the Pre, ident of the United States or the Adrrunistrator 

for Industrial Recovery." 

Article V, Section 3 ( c) shall be amended to read as follows: 

" ( c) Any establishment may for a period not to exceed three ( 3) 

consecutive months during the year, temporarily reduce its store 

hours but no employee's weekly wages shall be reduced during such 

period on account of such reduction of store hours." 

Article V, Section 4 (a) shall be amended to read as follows : 

" (a) Profe sional persons, watchmen, guards and store detectives, outside salesmen and outside collectors-The maximum hours of 

labor prescribed in Section 1 of this Article shall not apply to profe ional per,_ons employed and working at their profession, or to 

watchmen, guard and store detectives, outside salesmen and outside 

collectors; but watchmen and guard shall not work more than fiftyix ( 56) hours in any one week, nor more than thirteen ( 13) days in 

any fourteen (14) day period." 

Article V, Section 5 shall be am.ended to read as follows: 

' Section 5. Limitation upon number of persons working unre- tricted hour .-Notwithstanding the provi:1;ions of the foregoing 

sections of this Article, and regardless of the number of persons 

otherwise permitted to work unrestricted hours, the total numb 0 r of 

workers in any e._tablishment (whether such workers are executives, 

proprietors, partners, persons not receiving monetary wages, or 

other ) who shall be permitted to work unrestricted hours shall not 

ex eel the following ratio, to be computed upon the average number 

of employees during the preceding twelve (12) months: In estab- li hments comprised of twenty (20) workers or le s the total number 

of workers who may work unrestricted hours (not including those 

worker.· pecified in ' ctions 4 (a) and (b) of this Article) hall 

not exceed one worker for very five ( 5) workers or fraction thereof; 

in establi hment compri ed. of more than twenty (20) workers the 

total number of workers who may work unrestricted hour (not 

including those worker specifie l in Sections 4 (a) and (b) of this 

(3) 
4 

Article) shall not exceed one worker for every five ( 5) workers for 

the first twenty (20) worker:s and shall not exceed one worker for 

every eight (8) workers above twenty (20)." 

There shall be added to Article VIII the following Section: 

" Section 3. Combination or group sales-In group offerings or 

sales of merchandise the selling price of the group shall not be less 

than the sum of the minimum selling prices of the individual items 

of the groups as determined in accordance with Article VIII, Sections 1 and 2. . 

"In group offerings or sales of merchandise, where the selling 

price of one or more items of the group is indicated, the price inclicated for each item or items, expressly or by inference, shall not be 

less than the minimum price of ea.ch item or items, as determined in 

accordance with Article VIII, Sections 1 and 2. 

"Provided, however, this Section shall not be construed to apply 

to the use of bona fide premiums as provided for in Article VIII, 

Section 2 ( c) of this Code. 

"Provided, further, that this Section shall not apply to the sale 

of drugs, medicines, cosmetics, toilet preparations, drug sundries 

and/or allied items as defined in Schedule A, Section l." 

There shall be added to Article IX, Section 1 the following 

sub-section : 

"(f) No retailer shall sell or offer for sale any merchandise upon 

a condition which involves a lottery, gamble, or element of chance, 

similar to what is commonly known as a 'Suit Club Plan', provided, 

however, that this sub-section shall not apply to non-profit organizations not definitely constituted to carry on retail trade." 

Approved Code No. 60-Amendment No. 3. Registry No. 1625-2--02. 

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