I A 

Registry No. 1625- 2-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

AS APPROVED ON OCTOBER 21, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

. -· .... 

1. Executive Order 0-= 

• 

2. etter of Transmittal TOPIV 

U l-::,.:.:~::..:~------3'.~ xecutive Order 

4. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

W ABBINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of 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, Mass.: 1801 Customhouse. 

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

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

Chicago, 111.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: I oom 405, 421 West Market Street. 

Memphis, Tenn.: 266 South Water Street. 

Minneapolis, Minn.: 213 .F"ederal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philad ~phia, Pa.: Room 812, 20 South Fifteenth Street. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 50'8 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 1406 Vance Building. 

(II) 
EXECUTIVE OR:DER 

Coon OF FAIR COMPETITION FOR THE RETAIL TRADE 

.An application having been duly made, pursuant to and in fuil 

compliance with the provisions of title I 0£ the National Industrial 

Recovery .Act, approved June 16, 1933, for my approval of a Code of 

Fair Competition for the Retail Trade, and hearings having been 

held thereon and the .Administrator having rendered his report containing an analysis of the said code of fair competition, together 

with his recommendations and findings with respect thereto, and 

the .Administrator having found that the said code of fair competition complies in all respects with the pertinent provisions of title I 

of said act and that the requirements of clauses (1) and (2) of subsection (a) of section 3 of said act have been met; 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I 0£ 

the National Industrial Recovery .Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

findings of the Administrator and do order that the said code of 

fair competition be and is hereby approved. 

THE WHITE HousE, 

October <£1, 1933. 

Approval recommended: 

HUGH s. JOHNSON, 

.Adm'imstrator .. 

17441°-188-44--33 

FRANKLIN D. ROOSEVELT. 

(m.) 
The PRESIDENT, 

NATIONAL RECOVERY ADMINISTRATION, 

October tEO, 1933. 

The White Howse, Washington, D.0. 

I. INTRODUCTION 

MY DEAR MR. PRESIDENT: This is a report of the hearing on the 

Code of Fair Competition for the Retail Trade as proposed by the 

following associations : 

The National Retail Furniture Association. 

The National Retail Hardware Association. 

Mail Order Association of America. 

The National Association of Retail Clothiers & Furnishers. 

The National Retail Dry Goods Association. 

The National Shoe Retailers Association. 

The National Council of Shoe Retailers. 

The Limited Price Variety Stores. 

National Association of Music Merchants. 

Attached herewith is a copy of the Code as finally proposed and 

the Report of the Deputy Administrator. 

This Code covers all the retail field except the selling of foods, 

tobacco, and milk, and except such other di visions of the retail trade 

as are now or may subsequently be governed by separate codes. 

Schedule A, attached to the Code, contains certain special provisions 

which apply only to drug retailers. Inasmuch as the drug retailers 

asked for a separate code, we are submitting at the same time with 

this Code a Code for the Retail Drug Trade which is identical in 

all its provisions with the provisions of the Code for the General 

Retail Trade, including Schedule A. 

The hearing was conducted in Washington on August 22, 23, and 

24. Every person who requested an appearance was heard in accordance with statutory and regulatory requirements. The Code has the 

approval of a substantial portion of the retail trade. 

II. PRICE PROVISIONS 

The general retail hearing required three full days, and during the 

entire period the majority of witnesses presented statements to substantiate their belief that it was imperative that regulations of a 

drastic nature be incorporated in the Retail Trade Code. 

Retailers were insistent that the Administration should recognize 

their position as expressed in the Code submitted regarding the" loss 

limitation " provisions and "trade practice " provisions affecting 

selling, pricing, and advertising policies. 

The Code had been given Nation-wide publicity by the sponsoring 

associations prior to the hearing, and the conviction that these procrv> 
V 

visions m-:ist be included in the Code had become firmly entrenched 

in the minds of the great majority of those present, who claimed 

to reflect the attitud of the retailers in their respective communities. 

Retailers stated that in working under the wage and hour provisions of the sub titute Retail Code, which had been in effect about 

30 dny , operating expenses had : been substantially increased due to 

the actditionEi to pay rolls which required enlarged current cash outlay , and that this new burden could not be carried by tens of 

thousands of financially weakened cone rns unless provisions :for 

protection against predatory price cutting became effective at once. 

III. LABOR PROVISIO-NS 

The el~ctive provisions regarding wages, work hours, and store 

hours suggested by the Adn.iinistration were generally accepted as 

equitable. 

The working hours may not be entirely satjsfactory from a purely 

social viewpoint; but they represent a substantial reduction from 

the hours which prevailed in the retail trade. This reduction in 

working hours will restore employment in retailing to the 1929 level. 

IV. ADMINISTRATION 

The prov1s10ns £or administration of this Code are capable of 

providing- the,_ NRA and the retail . trades with sufficient d:;i,ta; to 

make recommendations for the limitation of certain provisions of 

the Code as herewith presented and/or the addition of further provisions to this Code which would be beneficial to the trade as a whole. 

The Administrator finds that-

( a) The provisions of the Coqe as recommended comply in all 

respects with the pertinent provisions of clauses one and two, subsection (a) of Section 3 of the National Industrial Recovery Act; 

and that . (b) The applicant group imposes no inequitable restrictions on 

admission to membership therein, and is truly representative of the 

Retail Trade; and that . (a) The provisions of the Code as recommended are not designed 

to promote monopolies or to eliminate or oppress $ID.all enter:prises 

and will not operate to discriminate against them, and will tend to 

effectuate the policy of Clauses one and two of the National Industrial Recovery Act. . It is recommended, therefore, that the provisions of this Code be .adopted immediately. 

Respectfully submitted, 

• 

HUGH s. JOHNSON, 

.Admdnistrator . 
EXECUTIVE ORDER 

In order to effectuate the policy of title I of the National Industrial 

Recovery Act, approved June 16, 1933, and to provide £or equitable 

enforcement of agree1nents heretofore made with the President and 

codes approved by the President under said act, I, Franklin D. 

Roosevelt, President of the United States, pursuant to the authority 

vested in me by title I of said National Industrial Recovery Act, 

hereby prescribe the following rules and regulations which shall have 

the effect of modifying any inconsistent provisions of any order, 

approval, rule or regulation heretofore issued under title I of said act. 

1. The provisions of the President's reemployment agreen1ent, 

issued July 27, 1933, shall not be held to apply to employers engaged 

only locally in retail trade or in local service industries ( and not in 

a business in or affecting interstate commerce.) who do not employ 

more than five persons and who are located in towns of less than 

2,500 p:)pulation ( according to the 1930 Federal census) which are 

not in the immediate trade area of a city 0£ larger population, except 

so far as such employers who have signed the President's reemployment agreement desire to continue to comply with the terms of said 

agreement after the date 0£ this order; and this release of such em- ployers who have heretofore signed the President's reempbyment 

agreement shall be further extended so as to release to the same extent 

all such employers of obligations not voluntarily assumed under the 

provisions of a code 0£ £air competition approved by the President. 

This exemption is intended to relieve small business enterprises in 

small towns from fixed obligations which might impose exceptional 

hardship, but it is expected that all such enterprises will conform to 

the fullest extent possible with the requirements which would be 

otherwise obligatory upon them. 

2. In view of general increases in prices which may or may not be 

justified in specific instances by increased costs caused by compliance 

with the President's reemployment agreement, or with approved 

codes of £air competition, the Administrator for Industrial Recovery 

is hereby directed to cause to be conducted such investigations as may 

be necessary to determine the extent to which manufacturers and 

producers have increased prices following, or in anticipation of, the 

approval of codes of fair competition, or after the signing of the 

President's reemployment agreement, and to set up adequate organizations for the handling of complaints against such price increases 

and of local complaints against retail price increases alleged to be 

contrary to the requirements of codes of fair competition, or the 

President's reemployment agreement, or in conflict with the policy 

of the National Industrial Recovery Act. 

THE WHITE HousE, 

October ~3, 1933. 

• 

FRANKLIN D. ROOSEVELT. 

(VI) 
CODE OF FAIR COMPETITION FOR THE RETAIL TRADE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the following provisions are established as a Code of 

Fair Competition for the Retail Trade. 

ARTICLE I. APPLICATION OF CooE 

SECTION 1 . .Applwation of Oode.-The provisions of this Code, except such provisions as are included in Schedule A annexed hereto 

and in such other schedules as may subsequently be approved and 

annexed hereto, and except as hereinafter specifically provided, shall 

apply to all retailers and/or retail establishments engaged in the 

retail trade as defined in Article II hereinafter. The provisions of 

Schedule A and such other schedules as may subsequently be annexed 

hereto shall apply only to those retailers and/or retail establishments 

as are specifically included within the provisions of such schedules. · SECTION 2. Request for separate Oode.-Any division of the retail 

trade which has not participated in the formation or establishment 

of this Code may make application to the Administrator to operate 

under a separate Code of Fair Competition. The .Administrator 

shall determine whether such division of the retail trade shall operate 

under this Code or under a separate Code, and may, if justice re-

'luires, stay the application of this Code to such division pending 

his decision or pending the approval by the President of the United 

States of a Code of Fair Competition for such division. 

ARTICLE II. DEFINITIONS 

SECTION 1. Retail trctde.-The term " retail trade " as used herein 

shall mean all selling of merchandise to the consumer and not for 

purposes of resale in any form, 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 products, and foods and foodstuffs, or the dispensing of drugs, medicines, and medical supplies by a physician, 

dentist, surgeon or veterinarian in the legitimate practice of his profession; and it is further provided that the term shall not include 

any division of retail selling ( except the selling of drugs and allied 

products) which is now or may hereafter be governed by a separate 

Code of Fair Competition approved by the President of the United 

Rtates. 

SECTION 2. Retailer.-The term '·'retailer" as used herein shall 

mean any individual or organization engaged wholly or partially in 

the retail trade. . SECTION 3. EstaoUshrnent.-The term "establishment" as u ed 

herein shall mean any store or department of a store, shop, stand, 

(1) 
2 

or other place where a retailer carries on business, other than those 

places where the principal business is the selling at retail of products 

not included within the definition of retail trade. The term is also 

used herein to ref er to the retailer who carries on business in such 

establishments. 

SECTION 4. Employee.-The term" employee" as used herein shall 

mean any person employed by any retailer but shall not include 

persons employed principally in the selling at retail of products not 

included within the definition of retail trade. 

SECTION 5. Definitions of personnel.-(a) Executive: The term 

"executive" as used herein shall mean an employee responsible for 

the management of a business or a recognized subdivision thereof. 

( b) Professional person: The term " Professional person " as used 

herein shall mean lawyers, doctors, nurses, research technicians, advertising specialists, and other persons engaged in occupations requiring a special discipline and special attainments. 

( c) Outside salesmen: The term" outside salesmen'' as used herein 

shall 1nean a salesman who is engaged not less than sixty (60) percent of his working hours outside the establishment, or any branch 

thereof by which he is employed. 

( d) Outside collector: The term "outside collector " as used herein 

shall mean a collector of accounts who is engaged not less than sixty 

( 60) percent of his working hours outside the establishment, or any 

branch thereof, by which he is employed. . 

( e) Watchmen and guards: The terms " watchmen " and " guards " 

as used herein shall mean employees engaged primarily in watching 

and safeguarding the premises and property of a retail establishment. 

(!) Store detective: The term "store detective" as used herein 

shall mean an employee engaged exclusively in detective work. 

(g) Maintenance employee: The term" maintenance employee" as 

used herein shall mean an employee essential to the upkeep and/or 

preservation of the premises and property of a retail establishment. 

( h) Outside service employee: The term "outside service employee" as used herein shall mean an employee engaged primarily 

in delivering, installing, or servicing merchandise outside the establishment, and shall include stable and garage employees. 

(i) Junior employee: The term" junior employee" as used herein 

shall mean an employee under eighteen (18) years of age. 

(j) Apprentice employee: The term "apprentice employee" as 

used herein shall mean an employee with less than six (6) months' 

experience in the retail trade. 

(le) Part-time employee: The term" part-time employee'' as used 

herein shall mean an employee who works for less than the maximum 

work week. 

SECTION 6. S outh.-The term " South '' as used herein shall mean 

Virginia, West Virginia, Mary land, North Carolina, South Carolina, Georgia, Florida, I{entucky, Tennessee, Alabama, Mississippi, 

Arkansas, Louisiana, Oklahoma, New Mexico, Texas, and the District of Columbia. 

SECTION 7. Population.-Population shall be determined by reference to the Fifteenth Census of the United States (U.S. Department of Commerce, Bureau of Census, 1930). 
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ARTICLE III. EFFE TIVE DATE 

The effective date of this Code shall be the second Monday a.fter 

its approval by the President of the United States. 

ARTICLE IV. GENERAL LABOR PROVI IONS 

SECTION 1. Oollect-ive bargaining.-(a) Employees shall have the 

right to organize and bargain collectively through representatives 

of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the 

designation of such representatives or in self-organization or in 

other concerted activities for the purpose of collective bargaining or 

other mutual aid or protection. 

(b) No employee and no one seeking employment shall be required as a condition of employment to join any company union or 

to refrain from joining, organizing, or assisting a labor organizati<;m 

of his own choosing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

SECTION 2. Child labor.-On and after the effective date of this 

Code, no person under the age of sixteen (16) years shall be employed, except that persons fourteen (14) and fifteen (15) years of · age may oo employed either-

( a) for a period not to exceed three ( 3) hours per day on six 

(6) days per week, or · 

(b) for one day per week, such day not to exceed eight (8) 

hours. 

In either case, all such hours of work shall be between 7 A.M. and 

7 P.M. and shall not conflict with the employee's hours of day school. 

It is provided, however, that no person under the age of sixteen ( 16) 

years shall be employed in delivering merchandise from motor 

vehicles. 

It is further provided that where a State law prescribes a higher 

minimum age no person below the age specified by such State law 

shall be employed within such State. 

ARTICLE V. STORE Houns AND I-Iouns OF LABOR 

SECTION 1. Basic store and working hours.-On and after the 

effective date of this Code establishments in the retail trade shall 

elect to operate upon one of the following schedules of store hours 

and hours of labor: 

Group A.-Any establishment may elect to remain open for 

business less than fifty-six ( 56) hours but not less than fiftytwo ( 52) hours per week, unless its store hours were less than 

fifty-two ( 52) hours prior to J~me 1, 1933, in which case such 

establishment shall not reduce its store hours; no employee of 

these establishment$ shall work more than forty ( 40) hours 

per week, nor more than eight (8) hours per day, nor more 

than six ( 6) days per week. 

17441°-188-44-33-2 
4 

Group B.-Any establishment may elect to remain open for 

business fifty-six ( 56) hours or more per week but less than 

sixty-three (63) hours per week; no employee of such establishment shall work more than forty-four ( 44) hours per 

week, nor more than nine ( 9) hours per day, nor more than 

six (6) days per week. 

Group 0.-Any establishment may elect to remain open for 

business sixty-three (63) hours or more per week; no employee of such establishment shall work _more than forty-eight 

( 48) hours per week, nor more than ten (10) hours per day, 

nor more than six ( 6) days per week. 

No employee shall work for two or more establishments a greater 

number of hours, in the aggregate, than he would be permitted to 

work for that one of such establishments which operates upon the 

lowest schedule of working hours. 

No employee not included in the foregoing paragraphs, and not 

specifically excepted hereinafter, shall work more than forty ( 40) 

hours per week, nor more than eight (8) hours per day, nor more 

than six ( 6) days per week. 

SECTION 2. Schedule of hours to be posted.-On or within one week 

after the effective date of this Code every retail establishment shall 

designate under which of the Groups set forth in the preceding Section it elects to operate and shall post and maintain in a conspicuous 

place in the establishment a copy of such election showing its store 

hours and employee working hours. 

SEOTION 3. Changes in store hours and employee worhing howrs.-

(a) No establishment may change from the Group in which it has 

elected to operate except upon December 31 of every year. 

(b) Any establishment, however, may at any time increase its 

store hours, provided it maintains the basic employee work week of 

the Group in which it originally elected to operate. 

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

months during the Summer, tempo arily reduce its store hours, but 

the weekly wages of its employees shall not on that account be 

reduced. 

SECTION 4. Ewceptions to ma:JJvmwm periods of labor.-

(a) Professional persons, outside salesmen, outside oollectors, 

watchmen, guards, and store detcctives.-The maximum periods of 

labor prescribed in Section 1 of this Article shall not apply to professional persons employed and working at their profession, or to 

outside salesmen, outside collectors, watchmen, guards, and store 

detectives. 

( b) Maintenance and outside service employees.-The maximum 

periods of labor prescribed in Section 1 of this Article shall not 

apply to maintenance and outside service employees; but such employees shall not work more than six ( 6) hours per week above the 

maximum hours per week otherwise prescribed by Section 1 unless 

they are paid at the rate of time and one-third for all hours over 

such additional six ( 6) hours per week. 

(c) Ewecutives.-Subjec.t to the conditions set forth in Section 5 

of this Article, executives receiving $35.oo· or more per week in cities 

of over 500,000 population, or receiving $30.00 or more p_er week in 

cities of 100,000 to 500,000 population, or receiving $27.50 or more 
5 

per week in cities of 25,000 to 100,000 population, or receiving $25.00 

or mor~ per week in citie , towns, villages, and other places under 

25 000 population, may work in excess of the maximum periods of 

labor prescribed in Section 1 of this Artide. In the South executi es paid not less than ten (10) per cent below the wages just 

pecifi d may work in excess of such maximum periods. 

( d) Peale periods.-At Christmas, inventory, and other peak 

times, for a period not to exceed two ( 2) weeks in the first six ( 6) 

months of the calendar year and not to ex~eed three ( 3) weeks in 

the second six (6) months, an employee whose basic work week is 

forty ( 40) hours may work not more than forty-eight ( 48) hours 

per week and nine (9) hours per day; an employee whose basic work 

week is forty-four ( 44) hours may work not more than fifty-two ·( 52) hours per week and nine and one-half (91⁄2) hours-per day; an 

employee whose basic work week is forty-eight ( 48) hours may work 

not more than fifty-six ( 56) hours per week and ten (10) hours per 

day. All such work may be without the payment of overtime. 

SECTION 5. Limitation u,pon nwmber of persons working unre-

.<stricted hour.s.-N otwithstanding the provisions of the foregoing 

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

otherwise permitted to work unrestricted hours, the total numbe·r of 

workers in any establishment ( whether such workers are e:-:ecutives, 

proprietors, partners, persons not receiving monetary wages, or others) who shall be permitted to work unrestricted hours shall not 

exceed the following ratio: In establishments co~prised of twenty 

(20) workers or less the total number of workers who may work 

unrestricted hours (not including those workers specified in. Section 

4- (a) of this Article) shall not exceed one worker for every five ( 5) 

workers or fraction thereof; in establishments comprised of more 

than twenty (20} workers the total number of workers who may 

work unrestricted hours ( not including those workers specified in 

Section 4 (a) of this Article) shall not exceed one worker for every 

five ( 5) workers for the first twenty (20) workers, and shall not 

exceed one worker for every eight (8) workers above twenty (20). 

SECTION 6. Hours of work to be consecu.tive.-The hours wo-rked 

by any employee during each day shall be consecutive, provided that 

nn interval not longer than one hour may be allowed for each regular meal period, and such interval not counted as part of ·the employee's working time. Any rest period which may be given employees shall not be deducted from such employee's working time. 

SECTION 7. Extra working howr on one day a week.-On one day 

each week employees may work one extra hour, but such hour· is to 

be included within the maximum hours permitted each week. 

SECTION 8. Oonfiiet with State lmws.-When any State law prescribes for any class of employees shorter hours of ]abor than those 

prescribed in this Article, no employee included within such class 

shall be employed within such State for a greater number of hours 

than such State law allows. · 

ARTICLE VI. w AGES 

SECTION 1. Basic schedules of wages.-On and after the effective 

date of this Code, the minimum weekly rates of wages which shall be 
6 

paid for a wqrk week as specified in Article V-whether such wages 

are calculated upon an hourly, weekly, monthly, commission, or any 

other basis-shall, except as hereinafter _provid.ed, be as follows : . · (a) Within cities of over 500,000 population, no employee shall be 

paid less than at the rate of $14.00 per week for a forty ( 40) hour 

work week, or less than at the rate of $14.50 per week for a fortyfour ( 44) hour work week, or less than at the rate of $15.00 per 

week for a forty-eigl).t (48) hour work week. 

(b) Within cities of from, 100,000 to 500,000 population, no employee shall be paid less than at the rate of $13.00 per week for a 

forty ( 40) hour work week, or less than at the rate of $13.50 per 

week for a forty-four ( 44) hour work week, or less than at the rate 

of $14.00 per week for a forty-eight ( 48) hour work week. 

'(c) Within cities of from 25,000 to 100,000 population, no employee shall be paid less than at the rate of $12.00 per week for- a 

forty ( 40) hour work week, or less than at the rate of $12.50 per week 

for a forty-four ( 44) .hour work week, or less than at the rate of 

$13.00 per week for a forty-eight ( 48) hour work week. 

(d) Within citi,es,_ towns, villages of-fr01n 2,500 to 25,000 population, the wages of all classes of employees shall be increased from the 

rates existing on June 1, 1933, by not less than twenty (20) percent, 

provided that this shall not require an increase in wages to n1ore 

than the rate of $11.00 per week and provided further that no employee shall be paid less than at the rate of $10.00 per week. 

( e) Within towns, villages, and other places with less than 2,500 

population, the wages of all classes of employees shall be increased 

from the rates existing on June 1, 1933, by not less than twenty (20) 

percent, provided that this shall not require an increase in wages to 

more than the rate of $10.00 per week. 

The minimum wages paid to professional persons, outsid~ salesmen, outside collectors, watchmen, guards, store detectives, and maintenance and outside service employees shall be upon the basis of the 

basic employee work week upon which the establishment by which 

they are en1ployed has elected to operate. 

The minimum wages of any employee not included in the foregoing paragraphs and not specifically excepted hereinafter shall be 

upon the basis of a forty (40) hour work week. 

SECTION 2. Jwniors and apprentices.-J unior and apprentice employees may be paid at the rate of $1.00 less per week than the 

minimum wage otherwise applicable; it is provided, however, that 

no employee shall be classified both as a junior and as an apprentice 

employee, and it is further provided that the number of employees 

classified as junior and as apprentice employees, combined, shall not 

,exceed a ratio of one such employee to every five employees or fraction thereof up to twenty (20), and one such employee to every ten 

(10) employees above twenty (20). 

SECTION 3. Southern wag.e differential.-.In the South, within cities 

of over 25,000 population, the minimum wages prescribed in the foregoing sections may be at the rate of $1.00 less per week; within cities, 

towns, and villages of from 2,500 to 25,000 population the wao-es of 

all classes of employees shall be increased from the rates existing on 

Jun·~ 1, 1933, by not less than twenty (20) percent, provided that 

this ·s~all not require an increase in wages to more than the rate of 
7 

$10.00 per w.eek; and provided further that no employee shall be paid 

less than at the rate of $9.00 per week except as provided in Section 

2 of this Article; within citiieJ ·, towns, villages, and other places 

under 2,500 p pulation the wages of, all clas es of employees shall 

be increased from the rates existing on June 1, 1933, by not less 

than tw nty ( 20) percent, provided that this shall not require an 

increa e in wages to more than the rate of $9.00 per week. 

SECTION 4. Part-time e1np.Zoyees.-Part-time employees shall be paid 

not less than at an hourly rate proportionate to the rates prescribed 

in the foregoing sections of this Article. 

SEorION 5. Weekly ioaqes above minimJIJIJ11, not to be reduced..-The 

weekly wages of all classes of employees receiving more than the 

minimum wages prescribed in this Article shall not be reduced 

from the rates existing upon July 15, 1933, notwithstanding any reduction in the number of working hours of such employees . . SECTION 6. Oonfiict with State laws.-When any State law prescribes :for any class of employees of either sex a higher minimum 

wage than that prescribed in this Article, no employee of such class 

of either sex employed within that State shall be paid less than such 

State law requires . 

.ARTICLE VII. LIMITATIONS u PON PRIC:El INCREASES; PRIOR CONTRACTS 

SEarrON 1. Lwnitation 11pon price in.arease~.-No retailer shall increase the price of any merchandise sold -after the effective date of 

this Code over the price existing June 1, 1933, by more than is rnade 

necessary by the amount of increases in production, operating, replacement, and/or· invoice costs of 1nerchandise, and/or by taxes or 

other costs resulting from action taken pursuant to the National 

Industrial Recovery Act and/or the Agricultural Adjustment Act 

since June 1, 1933, and in setting such price increases retailers shall 

give full weight to probable increases in sales volume. It is provided, however, that if any price on June 1, 1933, was a distress 

price, an equitable adjustment may be made. 

SECTION 2. Adjustmoot of prior oontracts.-Where costs of executing contracts entered into before June 16, 1933, by any retailer for 

the purchase of goods at fixed prices for delivery during the duration of this Code are increased by the application of the provisions 

of -the National Industrial Recovery Act and/or the Agricultural 

Adjustment Act, it is deemed equitable and promotive of the purposes of the Act that appropriate adjustments of such contracts to 

reflect such increased costs actually incurred be arrived at by mutual 

agreement or arbitral proceedings or otherwise, and the National 

Retail Trade Council provided for in Article I hereinafter is constituted an agency to assist in effecting such adjustments. 

ARTICLE VIII. Loss LIMITATION PROVISION 

SECTION 1. Loss lvmitation provision.-In order to prevent unfair 

competition against local merchants, the use of the so-called "loss 

leader " is hereby declared to be an unfair trade practice. These 

" loss leaders " are articles often sold below cost to the merchant for 

the purpose of attracting trade. This practice results, of course, 
8 

.either in efforts by the merchant to make up the loss by charging 

more than· a reasonable profit for other articles, or else in dnving 

the small merchant -with little capital out of legitimate business. It 

works back against the producer of raw materials on farms and in 

industry and against the labor so employed. 

1. This declaration against the use of " "loss leaders " by the store-

.keeper does not · prohibit him from selling an article without any 

profit to himself. But the selling price of articles to the consumer ·. hould include an allowance for actual wages of store labor, to be 

fixed and published from time to time by the, Trade Authority hereinafter established. 

2. Such an allowance for labor need n~t be -included in the selling 

.price of any article of food, or be applied by storekeepers doing busir..ess only in communities of less than 2,500 population ( according to 

the 1930 Census) which are not part of a larger trade area. 

Promded, however, That any retailer may sell any article of merchandise at a price as low as the price set by any competitor in his 

trade area on merchandise which is identical or essentially the same, 

if such competitor's price is set in conformity with the foregoing 

provision. A retailer who thus reduces a price to meet a competitor's 

price as above defined shall not be deemed t3 have violated the provisions of this section if such retailer immediately notifies the nearest 

representative retail trade organization of such action and all facts 

pertinent thereto. · 

SECTION 2. Exaeptions.-(a) Notwithstanding the provisions of the 

preceding Section, any retailer may sell at less thari the prices 

·specified above, merchandise sold as bona fide clearance, if advertised, marked, and sold as such; highly perishable merchandise, which 

-must be pr<:>mptly sold in order to forestall loss; imperfect or actually 

damaged merchandise, or bona fide discontinued lines of mercharidise, if advertised, marked, and sold as such; merchandise sold upon 

the complete final liquidation of any business; merchandise sold· in 

quantity on contract to public carriers, departments of government, 

hospitals, schools and colleges, clubs, hotels, and .other institutions, 

not for resale and not for redistribution to individuals; merchandise 

sold or· donated for charitable purposes or to unemployment relief 

agencies;· and drugs or drug sundries sold to physicians, nurses, dentists, veterinarians, or hospitals. 

( b) Nothing in the provisions of the preceding Section shall be 

construed to prevent bona fide farmers' associations engaged in purchasing supplies and/or equipment for their membership from making patronage refunds to their membership. - · ( c) Where a bona fide premium or c~rtificate representing a share 

in- a premium is given away with any article the base up::m which 

the minimum price of the article is calculated shall include the cost 

of the premium or share thereof. 

ARTICLE IX. TRADE PRACTICES 

All retailers shall comply with the following trade practices: 

: SECTION 1. .Advertising and selling methods.-( a) No retailer shall 

use .advertising, whether printed, radio, or display or of any other 

nature, which is inaccurate in any material particular or misrepre-
9 

ents merchandise (including its use, trade-mark, grade, quality, 

quantity, size, origin, material, content, preparation, or curative or 

therapeutic effect) or credit terms, values, policies, or services; and 

no retail r shall use advertising and/or selling 1nethods which tend to 

deceive or mislead the customer. 

(b) No retailer shall use advertising which refers inaccurately in 

any material particular to any competitor or his merchandise, prices, 

va1ues, credit terms, policies, or services. 

( c) No retailer shall use advertising which inaccurately lays 

claim to a policy or continuing practice of generally underselling 

competitors. 

(cl) No retailer shall secretly give anything of value to the employee or agent of a customer for the purpose of influencing a sale, 

or in furtherance of a sale render a bill or statement of account to 

the employee, agent, or customer which is inaccurate in any material 

particular. 

( e) No retailer shall place obstacles in the way of the purchase of 

a product which a consumer orders by brand name by urging upon 

the consum,er a substitute product in a manner which disparages the 

product or_dered. 

SECTION 2. N.R.A. label.-N o retailer shall purchase, sell, or exchange any merchandise manufactured under a Code of Fair Competition which requires such merchandise to bear an N.R.A. label, unless 

said merchandise bears such label. Any retailer rightfully possessing the insignia of the N.R.A. who has in stock or purchases similar merchandise which has been manufactured before the effective 

date of the Code of Fair Competition requiring such merchandise to 

bear an N.R.A. label may attach thereto the N.R.A. insignia. 

SECTION 3. Prison-made goods.-Pending the formulation of a 

compact or code between the several States of the United States to 

insure the manufacture and sale of prison-made goods on a fair competitive basis with goods not so produced, the following provisions of 

this Section will be stayed for ninety (90) d3trs, or further at the 

discretion of the Administrator: 

(a) Where any penal, reformatory, or correctional institution, 

either by subscribing to the code or compact hereinbefore referred 

to, or by a binding agreement of any other nature, satisfies the 

Administrator that merchandise produced in such institution· or by 

the inmates thereof will not be sold except upon a :fair competitive 

basis with similar n1erchandise not so produced, the provisions of 

paragraph (b) hereof shall not apply to any merchandise produced 

in such manner in the institutions covered by such agreement. 

(b) Except as provided in the foregoing paragraph, no retailer 

shall knowingly buy or contract to buy any merchandise produced 

in whole or in part in a penal, reformatory, or correctional institution. After May 31, 1934, no retailer shall knowingly sell or offer 

for sale such merchandise. Nothing in this Section, however, shall 

affect contracts, which the retailer does not have the option to cancel, 

made with respect to such merchandise before the approval of this 

Code by the President of the United States. 

( c) Nothing in this Section shall be construed to supersede or 

interfere with the operation of the Act of Congress approved January 19, 1929, being Public No. 669 of the 70th Congress and en-
10 

titled "An Act to Divest Goods, Wares, and Merchandise Mamiiactured, Produced r Mined by Convicts or Prisoners of their Interstate Character in Certain Cases", which Act is lmown as the 

Hawes-Cooper Act, or the provisions of any State legislation en- ·acted under, or effective upon, the effective date of the said Hawes• 

Cooper A.ct, the said effective date being January 19, 1934. 

SECTION 4. 0 ompany sc1-ip.-The following provisions of this Section shall not become effective until ~larch 1, 1934. Pending such 

effective date· the Administrator shall appoint a Committee of not 

more than three persons to investigate the economic and social implications of these provisions. Said Committee may make recommendations, based upon its investigations, and such recommendations -shall, upon approval by the President of the United States, become 

effective in the place of these provisions: · (a) No retailer ·shall accept as payment for merchandise any nonnegotiable scrip, company checks, or other evidence of wage payment 

issued by any individual or private profit organization in p~yment 

of wages or as an advance upon unearned wages. A negotiable 

jnstrument issued by any individual or private profit organization in 

payment of wages shall be accepted only if it is payable. in cash ·within one month of the date of issue. This paragraph shall not 

apply in cases where the cash funds of any individual or organization are rendered temporarily unavailable due to the closing by ·state or federal order of the bank in which such :funds are depo. ited . . (b) No retailer shall extend credit in the form of goods, money, or 

<:::ervices to any person other than its own employees engaged exclusively in the retail trade, upon any employer's guarantee of part .or all of said person's future wages, or pursuant to a wage-deduction 

arrangement entered into with said employer, unless an identical 

guarantee or wage-deduction arrangement is available to all retailers. 

ARTICLE X. ADMINISTRATION 

The following provisions for the administration of this Code shall 

not apply to the retail drug trade, which shall be governed by the 

provisions of Section 5 of Schedule A annexed hereto. 

SECTION 1. R etail Trade Authority.-The Retail Trade Authority 

shall consist of the Administrator or his Deputy, and three members 

appointed by the President of the United States, who shall advise 

and assist the Administrator or his Deputy. Members of the Retail 

'Trade Authority shall be members, without vote, of the National 

Retail Trade Council provided for hereinafter. 

SECTION 2. National Retail Trade Oouncil.-(a) Oomposimon.-

The National Retail Trade Council shall consist of at least one, but 

not more than three, representatives from each major division of 

the retail trade presenting this Code or hereafter subscribing to it, 

a the Administrator shall designate. 

Such representatives shall be elected, in accordance with a fair 

method approved by the Administrator, by the national trade associations representing the above divisions of the retail trade. Where 

more than one national trade association each represents a portion 

of a single division of the retail trade, the Administrator shall, for 

the purpose of establishing the membership of the National Retail 
11 

Trade Council in the fir t instanc , determine whether such associa~ 

tion ar truly representative and what hall b the number and 

proportionate vote of such associations upon the Council; after the 

initial e tablishment of the Council such decisions shall be mado by 

the Council subject to an appeal to the Administrator. Regardless 

of the number of its representatives, each division of the retail trade 

shall have one vote in all action taken by the National Retail Trade 

Council. 

( b) General powers.-The National Retail Trade Council shall, 

in addition to the specific powers herein conferred, have all general 

powers necessary to assist the Administrator or his Deputy in the 

administration and enforcement of this Code. 

( o) Repo1·ts and investigations.-The National Retail Trade 

Council shall, subject to the approval or upon the request of the Administrator, require from all retailers such report · as are necessary 

to effectuate the purposes of this Code, and may, upon its own initiative or upon complaint of any person affected, make investigation as to the functioning and observance of any provisions of the 

Code and report the results of such investigation to the Administrator. 

( d) Reoonvmendations.-The National Retail Trade Council may 

from time to time present to · the Administrator recommendations 

(including interpretations) based on conditions in the trade, which 

will tend to effectuate the operation of the provisions of this Code 

and the Policy of the National Industrial Recovery Act. Such recommendations shall, upon approval by the Administrator, become 

operative as part of this Code. 

( e) Local oommittees.-The National Retail Trade Council shall, 

subject to the approval of the Administrator, supervise the setting 

up, within local trading areas, of local committees for the purpose of 

assisting in the administration and enforcement of this Code within 

such local areas. 

(f) Expenses.-The expenses of the National Retail Trade Council shall be equitably assessed and collected by the Council, subject 

to the approval of the Administrator. 

SECTION 3. Regional Advisory O omJJnittee.-The National Retail 

Trade Council shall, subject to the approval of the Administrator, 

appoint annually a Regional Advisory Committee consisting of one 

member appointed from and representing each major geographical 

section of the country as established by Federal Reserve District . It shall be the function of the Regional Advisory Committee to serve 

in an advisory capacity to the Administrator and to the National 

Retail Trade Council on matter pertaining to the administration 

of this Code in the respective districts. The Committee shall meet 

ubject to the call of the Administrator, the National Retail Trade 

Council, or the Committee's chairman. 

ECTION 4. N ati01'lal Retail Trade E oonomios B oard.-The National 

Retail Trade Economics Board shall con ist of five ( 5) member 

appointed by the President of the United States or by the Administrator. uch Board shall observe and study the economic effect. 

and results of the various provisions of this Code and shall report 

from time to time to the Administrator. 
12 

SECTION 5. Jnter.pretrdions.-The Administrator may from- time 

to time, after consultation with the National Retail Trade Council, 

issue such administrative interpretations of the various provisions 

of this Code as are necessary to effectuate its purposes, and such 

interpretations shall become operative as a part of this Code, unless 

the Administrator shall otherwise specify. 

SECTION 6. Exceptions• in cases of url/Usual ()r' wndue hardship.~ 

Where the operation of the provisions of this Code impose an 

unusual or undue hardship upon any retailer or group of retailers, 

such retailer or group of retailers may make application for relief 

to the Administrator or to his duly authorized agent, and the Administrator or his agent may, after such public notice and hearing 

as he may deem necessary, grant such exception to or modification 

of the provisions of this Code as may be required to effectuate the 

purpose of the National Industrial Recovery Act. 

ARTICLE XI. GENERAL 

SECTION 1. Members hip in associations.-Membership in the national retail associations represented upon the National Retail Trade 

Council, or in any affiliated associations, shall be open to all retailers 

of that portion of the retail trade which said associations respectively represent and said associations shall impose no inequitable 

restrictions upon admission to membership therein. 

SECTION 2. Information to be fwrnished Gover11fJnent agencies.-In 

addition to information required to be submitted to the National 

Retail Trade Council, there shall be furnished to Government agencies such statistical information as the Administrator may deem 

necessary for the purposes recited in Section 3 (a) of the National 

Industrial Recovery Act. 

SECTION 3. Prohibition against monopolies.-The provisions of 

this Code shall not be interpreted or applied to promote monopolies 

or monopolistic practices or to eliminate or oppress small ent.erprises 

or to discriminate against them. 

SECTION 4. Prohibition against use of subterfuge.-N o retailer 

shall use any subterfuge to frustrate the spirit and intent of this 

Code, which is, 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. 

SECTION 5. Right of President to cancel ()r' m.odify.-This Code and 

all the provisions thereof are expressly made subject to the right of 

the President, in accordance with the provisions of Section 10 (b) of 

Title I of the National Industrial Recovery Act, from time to time 

to cancel or modify any order, approval, license, rule, or regulation, 

issued under Title I of said Act. 

SECTION 6. M odifica#ons and swpplenuntary provisions.-Such of 

the provisions of this Code as are not required to be included herein 

by the National Industrial Recovery Act may, with the approval of 

the President, be modified or eliminated as changes in conditions or 

experience may indicate. It is contemplat.ed that from time to time 

supplementary provisions to this Code or additional Codes will be 
13 

submitted :for the approval of the Pr~ ident to I revent unfair competitive practices and to effectuate th other purposes a.nd policies of 

Title I of the National Industrial Recovery Act. 

SECTION 1. Ewpir{J)tion.-This Code shall continue in effect until 

June 16, 1935, or the earliest date prior thereto on which the President shall by proclamation, or the Congress shall by joint resolution, 

declare that the emergency recognized by Section 1 of the National 

Industrial Recovery Act has ended. 
SCHEDULE A 

Sb'PPLEMENTAL PROVISIONS APPLIOABLE TO RETAIL DR,UG ESTABLISHMENTS. AND 

TO ALL RETAILERS DEALING IN DRUGS AND ALLIED PROOUCTS 

In addition to the foregoing provisions of this Code, the following supplemental provisions shall apply to retail drug establishments and to all retailers 

dealing in drugs and allied products. 

SECTION 1. DEFINITIONS 

( 1) Retail drug tra,de.-The term " retail drug trade " as used herein shall 

mean all selling to the consumer and not for the purpose of resale in any form 

of drugs, medicines, cosmetics, toilet preparations, drug sundries, and/or allied 

items, in the continental Un ited States excluding the Panama Canal Zone. It 

is provided, however, that the term "retail drug trade" shall not include the 

dispensing of drugs, medicines, and medical supplies by a physician, -· dentist. 

surgeon, or veterinarian in the legitimate practice of his profession. 

(2) Drug retailer.-Tbe term "drug retailer" as used herein shall mean any 

individual or organization engaged wholly or partially in the retail drug trade. 

(3) Retau drug establishment.-'l'he term "retail drug establishment" a 

used herein shall mean any store or department of a store engaged in the retail 

drug trade, but shall not include stores or departments in which ·the principal 

business is the selling at retail of products other than drugs, medicines,· cosmetics, toilet prepa ations, drug sundries, and/or allied items. 

( 4) Drugs.-The term " drug" as used herein shall mean all medicinal substances ·and ·preparations recognized in the United States Pharmacopoeia and 

National Formulary or any supplements thereto, and all substances and preparations intended for external or internal use in the cure, mitigation, treatment, 

or prevention of disease in man or other animals, and all substance and preparations other than ··foorl ( but including medicinal or quasi-medicinal preparations, such as those sold or produced primarily for their vitamin content), 

intended to affect the structure or any function of the body of man or other 

animals. 

· ( 5) Cosmetics and toilet preparations.-The term " cosmetics" and the· terni 

"toilet preparations" as used herein shall mean toilet articles and perfume , toilet waters, face powders, face creams, rouges, shaving creams, dentifrices, 

soaps, and similar substances and . preparations designed and intended for application to the person for the purpose of cleansing, improving the appearance 

of, . refreshing or preserving the person. 

( 6) Drug sundries.-The term " drug sundries" as used herein shall mean 

such articles a are used in conjunction with but not included in "drugs", 

''cosmetics", or "toilet preparations ". 

(7) Registered, pharmacist, assist(J/J'/,t pha,rmacist, apprentice pharmacist.-

The terms "registered pharmacist", "assistant pharmacist", and "apprentice 

pharmacist", as used herein s-hall bave the meaning given to them under the 

laws of the respective states of the United States and of Ala ka. 

(8) Ourb boys or girls.-The term "curb boys or girls" as used herein shall 

mean employees engaged exclus-ively in serving curb customers. 

SECTION 2. STORE HOURS .AND HOURS OF LABOR 

(1) Group D, for retail drug esta,blishments.-In place of any of the ~hedules 

of store hours and bours of labor set forth in Article V, Section 1, retail drug 

establishments may elect to remain open for business seven (7) days a week 

for a total of eighty-four (84) hours or more per week, but on no day for less 

than eight (8) hours; no employee of such establishment, except as provided 

in Article V, Sections 4 and 5, shall work more than fifty-six (56) hours per 

week, nor more than ten ( 10 J hours per day, nor more than thirteen ( 13) days 

in any two consecutive weeks. 

(14) 
15 

(2) Exception in oase of pharmacists.-The mn imum hours of labor precribed in Artiel V and in paragraph (1) of this S ctiou hall not apply to 

r gi t red pharmacist , assistant pharmacists, and npprentice pharmacists, cm1 loyed and working as such, who may work ten (10) p rcent above the maximum hours otherwise applicable, or more in case. of emergency. 

SEC'TION 3. WAGES 

(1) Basia ra.t(:)8 fo1· retail dru{l establ,ishmcnts e:oot1,nu to operate in Group 

D.-No employ e of a retail drug establi hment which has cl ted to opernte 

in Group D as set forth above, shall, except as provided in Article VI, S ctions 

2 and 3, be paid for a fifty-six (56) hour work week less than at the rate of 

$1G.OO per w ek in cities of over 500,00,0 population, or less than at the rate of 

$15.00 per week in cities of from 100.0GO to 500.000 population, or less than 

nt the rate of $14.00 per week in cities of from 25,000 to 100,000 oopulation; in 

cities, towns, and , illages of from 2,500 to 25,000 population, the wages of all 

classes of employees of such establishments shall be increased from the rates 

existing on June 1, 1933, by not less than twenty (20) per cent, provided that 

this shall not require an increase in wages to more than the rate of $11.00 per 

week, and provided further that no employee shall be paid less than at the 

rate of $10.00 per week; in towns, villages, and other places with less than 

2,500 population, the wages of all classes of employees of such establishments 

shall be increased from the rates existing on June 1, 1033, by not less than 

twenty (20) percent, provided that this shall not require an increase in wuges 

to more than the rate of $10.00 per week. 

(2) Exception for establishlments ~p·loy'ing curb bO'l/8 or girls.-The minimum wages prescribed in Article VI and paragraph ( 1) of this Section may 

not apply to curb boys or girls employed by retail drug establishments when 

such employees are paid upon a commission basis. 

SECTION 4. TR.ADE PRACYI'ICES 

In addition to the trade practices set forth in Article IX, all drug retailers 

shall comply with the following: 

(a) No drug retailer shall substitute another article or any part thereof for 

the kind ordered, without due notice to and consent of the customer. 

(b) No dru~ retailer shall advertise to fill prescriptions. at a uniform. price 

irrespective of cost of ingredients or quantity prescribed. 

(c) No drug retailer shall permit any demonstrator or sales employee, whose 

salary is wholly or partially paid by a manufacturer or distributor, to work in 

bis establishment unless such demonstrator or .sales employee is clearly and 

openly identified as the agent of such manufacturer or distributor. 

SECTION 5. ADMINISTRA.TION 

The administration of this Code, including this Schedule, insofar as it relates 

to the retail drug trade shall be governed by the following provisions: 

(1) Retail Drug Trade Authority.-The Retail Drug Trade Authority shnll 

consist of the Administrator or his deputy, and three members appointed by 

the President of the United States, who shall advise and assist the Administrator 

or his Deputy. Members of the Retail Drug Trade Authority shall be members, without vote, of the National Retail Drug Trade Council, provided for 

hereinafter. 

(2) National Retail Dru{l Trade Oowncil.-(a) 001nposition.-The National 

Retail Drug Trade Council shall consist of one representative from the Amel'ican 

Pharmaceutical Association, one representative from the Drug Institute of 

America, Incorporated, two representatives from tbe National Association of 

Retail Druggists, and such representation from any national association of the 

r tail drug trade as may be approved by tile Administrator. 

Such representatives shall be elected, in accordance with a fair method approved by the Administrator, by the respective national trade associations. 

( b) General powers.-The National Retail Drug Trade ouncil shall in 

addition to the specific powers herein conferred, have all general powers necessary to assi~t the Administrator or his deputy in the administration and enforcement of this Code insofar as it relates to the retail drug trade. 
16 . 

(c) Reports an<l investiga,tions.-'l'he National Retail Drug Council shall, 

subject to the approval or upon the request of the Administrator, require from 

all drug retailers such repo1 ts a ar necessary to effectuate the purposes of 

this Code insofar as it relates to the retail drug trade, and may, upon i sown 

initiative or upon complaint of any person affected, make investigation as to 

tLe functioning and observance of any provisions of the Code relating 

to the retail drug trade and report the results of such investigation to the 

Administrator. 

(fl) R commendations.-Tbe National Retail Drug Trade Council may from 

tirr.e to time present to the Administrator recommendations (including interpretations), based on conditions in the retail drug trade, which will tend 

to effectuate the operation of the provisions of this Code, and the policy of the 

National Indust1ial Recovery Act. Such recommendations shall, upon approval 

by the Administrator, become operative as part of this Code. 

(e) Local committees.-The National Retail Drug Trade Council shall, subject 

to the approval of the Administrator, supervise the setting up within local 

trading areas of local committees for the purpose of assisting in the administration and enforcement of this Code within such local areas insofar as it 

relates to the retail drug trade. 

( f) Expenses.-The expenses of the National Retail Drug Trade Council 

shall be equitably assessed and collected by the Council, subject to the approval 

of the Administrator. 

(3) Interpreta.tions.-The Administrator may from time to time, after consultation with the National Retail Drug Trade Council, issue such administrative interpretations of the various provisions of this Code relating to the retail 

drug trade as are necessary to effectuate its purpose , and such interpretations 

shall become operative as part of tbis Code unless the Administrator shall 

otherwise specify. 

( 4) E xcept-ions in cases of unusual or imd,ue na,rdsl/Jip.-Where the operation 

of the provisions of this Code imposes an unusual OJ.'. undue hardship upon any 

drug retailer or group of drug retailers, such drug retailer or group of drug 

retailers may make application for relief to the Administrator or to his duly 

authorized agent, and the Administrator or his agent may, after such public 

notice and hearing as he may deem necessary, grant uch exception to or modiflea tion of the provisions of this Code as may be- r quired to effectuate the 

purposes of the National Industrial Recovery Act. 

0 

UNIVERSITY OF FLORIDA 

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