Approved Code No. 201D-Arnendrnent No. I Registry No. 1606-04 

/ 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

BEAUTY AND BARBER 

EQUIPMENT AND SUPPLIES 

TRADE 

(A Division of the Wholesaling or Distributing Trade) . 

AS APPROVED ON AUGUST 31, 1934 

. --.- ~ ~ 

'"'' . ---- WE DO OUR PART 

I I I 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I 

{ 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 

y 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, W ashington, D.C., and by district offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRlCT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga .: 504 P ost Office Building. Birmingham, Ala. : 257 Federal Building. 

Boston, l\Iass. : 1801 Customhouse. 

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

Charleston, S.C.: hamber of Commen~e Building. 

Chicago, Ill.: Suite 1706, 201 To rth Wells Street. 

Cleveland, OhiG : Chamber of Commerce. Dallas, Tex. : Chamber of ommerce Building. 

Detroit, 1\li.ch. : SOl First National Bank Bmlding. 

Hou 'ton, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

J ack om·me, Fla.: Chamber of Commerce Building. 

Kansas 'itr. Mo.: 1028 Baltimore Avenue. Los Angeles, Calif. : 1163 'outh Broadway. 

Louisville, Ky. : 40 Federal Building. 

Memphis, Tenn. : 22D Federal Building. 

Minneapolis, l\linn . : 21.3 Fede1·al Building. 

New Orleans, La.: R oom 225-A., Customhouse. 

New York, • '.Y.: 734 us;t~mhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commer cial Tru t Building. 

P ittsburgh, Pa.: Chamb r of Commerce Building. 

P ortlan 1, Oreg.: 215 New P ost Office Building. 

St. Louis, 1\Io. : 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 F ederal Office Building. 

' 

. · . 

. ~ . 
Approved Code No. 201D-Arnendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

BEAUTY AND BARBER EQUIPIVIENT AND 

SUPPLIES TRADE 

As Approved on August 31, 1934 

ORDER 

APPROVING AMENDUENTS TO SuPPLEMENTARY ConE OF FAIR CoMPETITION FOR THE BEAUTY AND BARBER EQUIPMENT AND SuPI•LIES 

TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

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 amendments 

to a Supplementary Code of Fair Competition for the Beauty and 

Barber Equipment and Supplies Trade to the Code of Fair Competition for the 'iVholesaling or Distributing 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: 

NOW, 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 amendments and the Supplementary 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 Supplementary Code is hereby modified to include 

an approval of said Supplementary Code in its entirety as amended, 

such approval and such amendment of Article II, Section 7; Article 

III, Section 3; Article IV, Section 2; Article V, Sectiop. 1, Sub- section (h) ; Article VII and Article VIII to take effect n!teen ( 15) 

ij3656°----l044-147----34 (1) 
2 

days from the date hereof unless good cau e to the contrary is 

hown to the Admini trator before that time and the Administrator 

is ues a ubsequent order to that effect. 

HuGH S. JoHNSON, 

Ad,rninistrator for Inclust?-ial R ecove?'Y· 

Approval recommended: 

HARRY C. CAnn, 

Acting D~ visio n Ad1nini t'rato?'. 

\VASHINGTON, D.C., 

Au[J'Ui?l Jl, 1934. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report o.f the I-Iearing on amendments to the Supplementary Code of Fair Competition for the Beauty and Barber 

Equipment and Supplies Trade, a division of the vVholesaling or 

Distributing Trade, said Supplem.entary Code being approved Code 

No. 201-Supplement No. 4 and approved by m-e on April 4, 1934. 

The H earing on these amendments was held in the Cabinet Room 

of the Willard Hotel on Thursday, July 19, 1934. 

This Supplementary Code has been amended by changing the definition of the term " consignment " in Section 7 of Article II so that 

such section now reads as follows : 

"SECTION 7. The term 'consignment' as used hel'ein shall mean 

leaving any merchandise (except sundries) with a customer more 

than six days, the title to remain in the member of the Trade until 

such time as the customer shall purchase or r eturn the merchandise." 

This Supplementary Code has also been an1ended by adding to 

Section 3 of Article III a new subsection reading as follows : 

" (d) To suggest from time to time modifications of, and/ or amendments to this Supplementary Code and to assent to such modifications and/ or amendments and to the Supplementary Code in its final 

form as 1nodified and/ or amended." 

This Supplementary Code has also been amended by adding a new 

section to Article III, which section authorizes the Code Authority 

to submit an itemized budget and an equitable basis of assessment 

and to collect such assessment from members of the Trade in accm:dance with the terms of your Executive Order No. 6t>"r8, dated 

Apxil 14, 1934. 

This Supplementary Code has also been amended by changing 

the definition of a " professional package " contained in Section 2 

of Article IV, so that a "professional package" is now defined as 

follows: 

"A professional package is defined as any article of the industry 

packed in a single package when the said package is labeled in 

large, distinctive lett-ers, 'Professional Package for Professional Use 

Only'." 

This Supplementary Code has also been amended by adding to 

subsection (h) of Section 1 of Article V a new sentence which reads 

as follows: 

"The foregoing provisions of Subsection (h) shall not apply to 

floor or salesmen's samples that have been on display or usea for 

demonstrating purposes for a period of six months or longer, in 

which cases a member of the Trade may sell such damaged or deteriorated articles at not to exceed a twenty per cent discount from the 

price filed by a member of the Trade in accordance with the provisions of Article V, Section 1, Subsection (a) of this Supplementary 

Code." 

(3) 
4 

This Supplementary Code has also been amended by adding a new 

Article VII which reads as follows: 

"ARTICLE VII-PROHIBITION AGAINST UsE oF SuBTERFUGE 

"No member of the Trade shall use any subterfuge to frustrate 

the spirit and intent of this Supplementary Code or the General 

Code, which spirit and intent are among other things, to increase 

employment by universal covenant, to remove obstructions to commerce, to shorten hours of work, and to raise wages to a living basis." 

This Supplementary Code has also been amended by changing 

what was formerly Article VII to Article VIII. 

The Deputy Administrator in his final report to me on said amendment to said Supplementary 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 Supplementary Code and the Supplementary 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 industry for the purpose 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 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 unemploy1nent, by improving standards of 

labor, and by otherwise rehabilitating industry. 

(b) The Supplementary Code as amended complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation Subsection (a) of Section 3, Subsection (a) of 

Seeton 7, and Subsection (b) of Section 10 thereof. 

(c) The Beauty and Barber Supply Institute, Incorporated, was 

and is a trade association truly r epresentative of the aforesaid Trade 

and that said association imposed and imposes no inequitable restrictions on admission to membership therein and consents to these 

amendments. 

(d) The amendment and the Supplementary Code as amended 

are not designed to and will not permit monopolies or monopolistic 

practices. 

(e) The amendment and the Supplementary Code as amended 

are not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to the approval of these 

amendments to the Supplementary Code. 

For these reasons these amendments to the above-named Supplementary Code have been approved. 

Respectfully, 

AuGusT 31, 1934. 

HuGH S. JoHNSON, 

Administratm·. 
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION FOR THE BEAUTY AND BARBER 

E9UIPMENT AND SUPPLIES TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

The Supplementary Code of Fair Competition for the Beauty ~mel Barber Equipment and Supplies Trade is hereby a:mended as 

follows: 

Article II, Section 7, is amended to read as follows : 

SECTION 7. The term "con ignment" as used herein shall mean 

leaving any merchandi e (except sundries) with a customer more 

than six days, the title to remain in the m·ember of the Trade until 

such tim-e as the customer shall purchase or return the merchandise. 

Article III, Section 3, is amended by in erting ub ection (d) to 

read us follows : 

(d) To suggest from time to time modifications of and/ or amend--

ments to this Supplementary Code and to a sent to such modifications and/ or amendments and to the Supplementary Code in its 

final form as modified and/ or amended. 

Article III i amen led by adding thereto a new Section reading 

as follows: 

SECTION 6. (a) It being found necessary in order to support the 

administration of thi. · Supplementary Code and to maintain the 

:;;tandards of fair competition e tablished hereunder and to effectnate 

the policy of the Act the Divi ional Code Authority is authorized : 

1. To incur such reasonable obligation as are necessary and proper 

for the foregoing purposes, and to meet such obligations out of 

funds which may be raised as hereinafter provided and which shall 

be held in trust for the purpose of this Supplementary Code; 

2. To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary 

(1) an itemized budget of its esti...rnated 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 

Trade; 

3. After such budget and basi of contribution have been approved 

by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Trade, and to that end, 

if necessary, to institute legal proceedings therefor in its own name. 

(b) Each member of the Trade shall pay his or its equitable contribution to the expenses of the maintenance of the Divisional Code 

Authority determined as hereinabove provided, and subject to rules 

and regulations pertaining thereto issued by the Administrator. 

Only such members of the Trade complying with the Supplementary 

Code and contributing to the expenses of its administration as hereinabove provided, unless duly exempted from making such contribu-

(5) 
6 lll ll lllll li i\i li l~ lif li 11 ~ II il li~l II[! 1111 11111 

3 1262 08583 0940 

tion hall be entitled to participate in the selection of members of 

the Divi. ional Code Authority or to receive the benefits of any of its 

voluntary activitie or to make use of any emblem or insignia of the 

National Recovery Administration. 

(c) The Divisional 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 approv~d bu;<~ get, except upon approval of 

the Admini trator; and no subsequent budget hall contain any deficiency item for expenditures in excess of prior budget estimates 

except tho:-e which the Admini trator shall haYe so approved. 

Article IV. Section 2 is amended by changing the definition of a 

"profe ional packao-e to read as follows: 

A profes ·ional package i defined as any article of the industry 

packed in a single package when the said package is labeled in large 

distinctive letter Professional Pfl..,ckage For Professional Use 

Only '. 

Article V Section 1 Subsection (h) is amended by adding the 

following entence after proviso (2) : 

The foregoing provision of Subsection (h) shall not apply to 

floor or sale men' sample that have been on display or used for 

demon trating purpo es for a period of six months or longer in 

which case a member of the Trade may sell such damaged or 

deteriorated articles at not to exceed a twenty per cent discount from 

the price filed by a membar of the Trade in accordance with the 

provisions of Article V, Section 1 Subsection (a) of this Supplementary Code. 

This Supplementary Code is further amended by inserting the 

following as Article VII and changing Article VII to Article VIII : 

AnTicLE VII- PROHIBITION AGAINST USE OF SuBTERFUGE 

No member of the Trade shall use any subterfuge to frustrate 

the spirit and intent of this Supplen).eD:_tary Code or the General 

Code, which spirit and intent are, among other things to increase 

employment by universal covenant, to remove obstructions to commerce, to shorten hours of work, and to r_a.ise wa-ges to a living basis. 

Approved Code No. 201D-Amendment No. 1. 

Registry No. 1606-04. 

0