Approved Code No. 60-Amendment No. 5 Registry No. 1625-2-02 

NATIONAL RECOVERY ADMINISTRATION 

I l • 

Al\1:ENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

AS APPROVED ON SEPTEMBER 21, 1934 

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TOfllY 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 P ost Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, l\Ia s. : 1 01 Custornhou e. 

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

CharJe~ton, 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. 

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San Francisco, Cnlif.: 310 Cu. tomhouse. Seattle, Wa h.: 809 Federal Office Buildini. 
Approved Code No. GO-Amendment No. 5 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on Septen1ber 21, 1934 

ORDER 

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 

RETAIL 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 an amendment to the Code of Fair Competition for the Retail Trade, and 

hearings having been duly held thereon and the annexed report on 

said amendment containing findings with respect thereto, having 

been made and directed to the President: 

NU\iV, 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 No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference saiu 

annexed report and do 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 do hereby order that said amendment be and it is 

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, uch approval and such amendment to take effect ten 

(10) days from the date hereof, unless good cau e to the contrary is 

shown to the Administrator before that time and the Administrator 

issues a subsequent order to that e:ff ect. 

Approval recommencled : 

ROBERT L. HOUSTON' 

HUGHS. JOHNSON, 

Administrator for Industrial Recovery. 

Division Administrator. 

w A IIINGTON, D.C., 

September fl, 1934. 

87130°-1181- 81-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: The Hearing on the amendment to the Code 0£ Fair Competition for the Retail Trade was held on August 27, 1934 in Room 

# 20621 Department of Commerce Buildmg. The amendment, 

which 1s attached, was presented by duly qualified and authorized 

representatives of the Trade, complying with statutory requirements, 

such representatives being members 0£ the National Retail Code 

Authority, Inc. In accordance with the customary procedure, everyone present who 

had filed a request for an appearance was freely heard in public, 

and all statutory and regulatory requirements were complied with. 

The Deputy Administrator in his final report to me on said amendment 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 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 restric1ion 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 

rehabilitating industry. 

( b) The Code as amended com plies in all respects with the pertinent provi ions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

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

to and will not permjt monopolies or monopolistic practices. 

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

to and will not eliminate or oppre s 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 the approval 

of said amendment. 

For these reasons I have approved said amendment to the Code 

of Fair Competition for the Retail Trade. 

Respectfully, 

SEPTEMBER 21, 1934. 

(2) 

HuaH S. JonNsoN, 

Administrator. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE RETAIL TRADE 

Article IX is hereby amended by adding a new Section as follows : 

SE TION 5. No retailer shall give, offer to give or cause to be 

given to any person, free of charge, any article of value or any service, when delivery of uch article or the performance of such service 

is conditional upon said person taking part in any scheme of chance 

or in a contest unless such contest does not violate the lottery or 

gambling laws of the State or of the United States, and unless such 

contest in addition fulfills the following conditions: 

( 1) That the rules of the contest be clearly defined and strictly 

adhered to in making the awards thereunder. 

(2) That the determination of the winner of such contest be not 

influenced by the laws of chance but by merit. 

( 3) That there be appointed, or selected, a sufficient staff of competent and disinterested persons to act as judges who shall give 

equal consideration to the suggestions of all entrants. 

( 4) That all employees of the establishment and their immediate 

families be declared ineligible to compete in such contest. 

Approved Code No. 60-Amendment No. 5. 

Regish·y No. 1625-2-02. 

(3) 

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