Appro' ed Code No. 72-Amendment No. 2 Registry No. 1399- 30 

I A 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

PACKAGING MACHINERY 

INDUSTRY AND TRADE 

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AS APPROVED ON FEBRUARY 18, 1935 

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WE DO OUR PAR'r 

UNITED STATES 

GOVERNMENT P RINTING OFFICE 

WASHINGTON: 1935 

For saJe by the Superinte ndent of Docume nts, Was hingto n, D. . - - - - - - - - - P rice 5 C(.nts 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D. C., and by tiistrict offices of the Bureau ot 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF TBE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Cust omhouse. 

Buffalo, N. Y.: Chamber of Com·rnerce Building. 

Cllarleston, S. C.: -Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North \-Vells Street. 

Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. 

Detroit, ~Iicll.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Colllme rce Building. 

Iridianapolls, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Br<ilding. 

Kansas City, Mo.: 10:.8 Baltimore Avenue. 

Los Angeles, Calif.: 1 J 63 outh Broadwny. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapollis, Minn. : 213 Fecleral ·Building. 

New Orl ans, La.: Room 225-A, Customhouse. 

New York, N. Y.: 734 Customhouse. 

Norfolk, ya.: 400 East Plume Street. , Philaclelpliia, Pa.: 422 Commercial Trust Building . 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 Ne:w Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San l!"'r::mcisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 72-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PACKAGING MACHINERY INDUSTRY AND TRADE 

As Approved on February 18, 1935 

ORDER 

APPHOYING AMEND:MEXT OF CooE OF FAIR CoMPETITION F'On THE 

P ACKAGING MACHINERY INDUSTRY AND TnADE 

An appli cation haYing been duly made pursnant t o and in f ull 

compliance with the pro-ri. ·ions of Title I of the National Inclnstriai 

l{,ecovery Act , ap p roved tT nne 16, 1933, for approval of an amei1l1-

ment to the Code of Fair Competition f or the Packaging Ma chinery 

Industry and Trade, and a hearing having been dt1ly held ther eon 

and the annexe l r eport on aid amendment, containing findings "ith 

r e pect thereto, having been made and rlirected to the Pre ident : 

NO\Y, THEREFORE, on beh alf of the President of the United 

, tates, the National Inclu trial Recovery Board, pursuant t o auth ority ve t ed in it by Executive Onlers of the P resident including 

Exe utive Order No. 6859; d ated September 27, 1934. and otherwi e; oe ~ h ereby incorpor at e, by r ef er ence, said annexed r eport anLl 

does find that said amendment an d the Code as con. tituted after 

being amended ·comply in all respects with the pertinent provisions 

and will promote the p olicy and purposes of said Title of said A ct, 

and doe · h er eby order that . ·aiel amendment be and it is her eby 

approved, and that the previous approval of said Code is her eby 

amended t o inclu le an approval of said Code in it entirety as. 

amended. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By \iV. A. HARRIMAN, A dm.i·nist1•ative Offi cer. 

Approval r ecommend ed: 

B RTOK \iV. M RRAY 

D ivision Ad·m.inistrat'or. 

\VA 'HINGTON' D. c. 

F ebr uary 1(, 19S5. 

116654°----1603-14----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT 

The White House. 

Srn: Thi is a report on an amendment of the Code of Fair Com- petition for the Packaging 1\1achinery Industry and Trade, approved 

October 31, 1933, and amended July 17, 1934, to amplify and clarify 

the definition of th Indu try, and to add certain provision to the 

Articles of the Code relating to Employment, \Vages, Hours, State 

Labor Regulation and Activities of the Code Authority. The 

amendment was proposed by the Code Authority for said Industry. 

This amendment is designed to replace Section 1, Article II; Section 1 (d), Article VII: and Article IX; an l to add Sections 2 

and 3 to Article V; Section 1 (e ) to Article VIII; and Sections 5 and 

6 to Article X . A hearing on this amendment was held July 26, 

1934. No objections were received. 

FINDINGS 

The Deputy Administrator, in his final report on . aid amendment, 

having found as herein set forth and on the basi of all the proceedings in this matter: 

The National Industrial Recovery Board finds that: 

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

well de igned to promote the policies and purpo es of Title I of the 

National Indu trial Recovery Act including the removal of ob tructions to the :Ere flow of interstate and foreign commerce which tend 

to diminish the amount thereof, and will pro\ ide for the general 

welfare by promoting the organization of industrj. for the purpose 

of cooperative action of labor and mangament under a lequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest pos ible utilization of the 

present productive apacity of industries, by av iding un 1ue re triction f production, by incr a ·ing the consumption of indu trial and 

agricultural products through increasing purchasing power, by 

reducing and relieving unemployment, by improving tandards of 

labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all re pect with the perti- nent provisions of ·aid Title of said Act, including without limitation Sub ection (a) of Section 3, Subsection (a) of Section 7, and 

Sub ection (b) of Section 10 thereof. (c) The Co Je empower the Code Authority to pre ent the aforesaid amendment on behalf o f the Indu try a a whole. 

(d) The amendment and the Code as amended arc not designed to 

and will not permit monopolie · or monopolistic pr actices. 

(2) 
3 

(e) Th amendment and th Co 1 a am n le l are not d signed to 

and will not liminate or or pre s mall ent rpri s and will not operat t eli - riminat again t them. 

(f) Tho eno·a()' d in other t ps of th economic proce have 

not been le.pri'i- d f the rjght to b heard prior to approval of said 

amendm nt. 

For th e rea on , therefore, th amendment ha been approved. 

For th National Indu trial Recovery Board: 

FEBRUARY 18, 1935. 

vv. A. HARRIMAN, 

.Adn&i111istrative Officer. 

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A~IENDl\fENT TO CODE OF FAIR CO:MPETITION FOR 

THE PACKAGING MA HINERY INDUSTRY AND 

TRADE 

ARTI LE II- THE INDUSTRY AND THADE 

Amend Section 1 to read a follows : 

" The term ' pa kaging machinery indu try ', as used herein, is 

clefined to mean the manufa cture of power-driven automatic and 

semiautomatic or hand or foot operated ma chinery and/ or equipment 

and parts thereof used in the manufacture of packages (except Inachinery and/ or equipment for the manufacture of gla , wood and 

metal package. specifically included under code.· of fair competition 

approved by the President) and nailing machines and ma hinery 

and/ or equipment and part therefor used in packaging proces es 

and/ or in the preparation of products for shipment, and such other 

r elated machines and/ or equipment as may be incorporated in the 

definition of the in c1ustry upon npproYal of th President." 

AHTICLE EMPL Yl\IE~T 

Number sole paragraph in Article V as Section 1 and add Section 

2 to read as follow · : 

" SEcTrox 2. No employer shall recla ssify employees or dutie of 

occupation· performed or engage in any other ubt rfnge so as to 

def eat the purposes or pr Yi ion. · of the Act or of this Code." 

Add Section 3 to read a.· follow : 

" SECTION 3. E\ ery employer shall provide for the . afety and health 

()f employees during the hourv and at the places of t~eir employment. Standards of afety and health shall .be subm1tted by the 

Code Authority to the National Indu. trial R~co very Board within 

six month::; after the effectiYe date f this amendment." 

AHTICLE ' II-~' AGES 

Amend ection 1 (d) to read a follows : 

"A person whose earning capacity i · limited because of age or 

physical or mental handicap or other infirmity may be employed on 

light work at a wage below the minimum e tablished by thi Cole 

jf the employer obtain from the State authority lesignated by the 

United States Department of Labor a certificate authorizing his 

employment at such wages and for such hour · a hall be tated 

i11 the certificate. Each employer hall file monthly with the Cod::. 

Authority a lit of all uch person. employed by him, showing 

the wage· paid to, and the maximum hours of work for, uch 

employee.' 

(4) 

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AnTI LE VIII-I-Iouns 

All ub- e tion 1 ( ) to r ad as follow : 

·For th purpo ·e of providin · factunl information on the effects 

of th hour · and wao· I rovi ions of thi Code, each member of 

the Indu try an 1/ r Trade hall report to the C de Authority for 

the information of the National In lu trial Recovery Boa-rd uch 

stati tic a the National Indu trial Recovery Board may require." 

ARTICLE I X -STATE REGULATIONS 

Amend Article IX to read as follows : 

No I roYi ion in thi Code shall supersede any State or Feder al 

law which impo es on employers more stringent requirements as to 

uge of employees, wages, hours of work, or as to safety, health, 

sanitary or general working conditions, or insurance, or fire protection, than are impo ed by this Code." 

ARTICLE X-CODE AUTHORITY 

Add Section 5 to r ead as follows : 

" Nothing contained in this Code shall constitute the members of 

the Code Authority partners for any purpose. Nor shall any m.ember of the Code Authority be liable in any manner to anyone for 

any act of any other member, officer, agent or employee of the Code 

Authority. Nor shall any member of the Code Authority, exercising 

reasonable diligence in the conduct of his duties hereunder, be liable 

t o anyone for any action or omission to act under this Code, except 

for hi own wilful malfeasance or non-feasance." 

Add Section 6 to read as follows: 

" If the National Industrial Recovery Board shall at any time det ermine that any action of a Code Authority or any agency thereof 

may be unfair or unjust or C<?ntrary to the public interest, the National Industrial Recovery Board may r equire that such action be 

su pendecl to afford an opportlmity for investigation of the merits 

of such action and further consideration by such Code Authority or 

agency pending final action which shall not be effective unless the 

National Indu trial Recovery Board approves or unless it shall fail 

to disapprove after thirty (30) days' notice to it of intention to proceed with uch action in its original or modified form." 

ApproYecl Code No. 7:...-Amendment No. 2. 

R egi try r o. 1399-30. 

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UNIVERSITY OF FLORIDA 

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