Approved Code No. GO-Amendment No. 6 Registry No. 1625-2-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

AS APPROVED ON SEPTEMBER 21, 1934 

WE DO OUR PART 

0-= . -- _ ... 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

V 

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DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 50-! Post Office BuildiD''. Birrnin...,.harn, Ala. : 257 Federal Building. 

Boston, Mass. : 1 01 Customhouse. 

Buffalo, N.Y.: Chamber of Commer ce Building. 

Charleston, S.C. : Chamber of Commer ce Building. 

Chi cago, Ill.: Suite 1706, 201 orth Well::; Street. Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

D etroit, l\1ich.: 801 First National Bank Building. 

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Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. GO-Amendment No. 6 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on September 21, 1934 

ORDER 

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION TO THE RETAIL 

TRADE 

An application having been duly made pursuant to and in full 

cornpli~1nce with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of an amendment 

to a Code of Fair Competition for the Retail Trade, and hearings 

having been duly held thereon and the annexe l report on said 

amendment, containing findings with respect thereto, having been 

made and directed to the President: 

o,v, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pur uant 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, said 

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. 

HUGH s. JOHNSON, 

Acl1ninistrator for Industrial Recovery. 

Approval recommended: 

ROBERT L. HOUSTON' 

Division Administrat01·. 

WASHINGTON, D.C., 

eptember 21, 1934. 

87137°- 1181-88-34 (1) 
REPORT TO THE PRESIDENT 

The PnESJDEN'l\ 

The 1¥hite House. 

Sm: On :March 29 1934, an amen lment to the Code of Fair Competition for the Retail Trade was approved which established a 

new ' los limitation" ba e :for the Retail Druo- Tra le. On June 7, 

1934, at n. public hearing called to cl termine th effects of this 

amenclm nt upon the Trad after ixty days of operation, it was 

found that enforcement of thi provi ion, ·while good, had be n hampered som what by the la t provi~o which permitted certain deduction · on account of manufa tnrer's discount and allowance to dozenlot purchasers. The e allowances have only a negligible effer-t on 

the resultant pri e, yet cause con i lerab]e confu ·ion in its determination. 

The National Retail Drug Code \..uthority, at this hearing propesed the elimination of thi proviso, and has submitted the ~nnexed 

amendment which i. designed to clar:ify and render more practicable 

and enf rceable the previous el.ause at the am.e time giving the 

Admini trc tor express power to safeguard the intere ts of conumer and small ente~ pri es in indiv · dual case . 

This a.mendm nt cloes not alter the principle set forth in the previous provision nor does it appr,eciahly a,lter the ba is on which that 

principle was ppli:ed, except in ofar u that basi had prov 0 n confn ing in practice. 

Th Deputy Administrator in hi final r port to 111e on aid amendment t saiEl. ode ha ,ring :fo1n1d as herein s t forth and on the 

basi of all the p ·oc edin~·s in this matter; 

find 'lrnt: 

(a ) The am ndme:nt to saicl c de and th Code as amended are 

well le igne l !ro promote the polic.ies and purpo es of Title I o:f the 

r n.tionaI Indust1·ial Reco · ery Ad including tb removal of ob ti:u"-

tion,s to the f t> fl w o,f intei...:::tate a.nd foreign comm r e which tend 

to uiminish the amount th.er f. and will provide for the ?eneral 

welfare by promotino· th oro·anization o:£ indn try for *he purpose 

of oper tive action of Jabor and mana · ment under adequate governmental ~anciion an l ·upervi. iori by liminating unfair competitive pra tic by promoting the fulle t po sible utilization of the 

pre. ·ent produ tive capacity of industrie by avoiding undue r triction of production ( except as may be temporarily required), by 

in rea i11g the consumption of inclu trial and agricultural products 

through increasino· purchasing power, by r ducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating indu. try. 

(b) The Code as amen led compli es in all r e ·pects with the pertinent provisions of aid Title of aid Act, including without limitation 

sub-section (a) of Section 3, ub-section (a) of Section 7 and subsection (b) of Section 10 thereof. 

(2) 
3 

( c) Th Co le empowers the Code Authority to present the aforesaid amendment on b half of th Trade as a whole. 

( d) The amendment an 1 the Cod as amended are not de igned 

to and will not p rmit rn.onopolie or monopolistic pructices. 

( e) The amen lment and the Co le as amended are not designed to 

and will not eliminate or oppre s mall enterprises and will not operate to di criminate against them .. 

(f) Those engage 1 in other steps of the economic proce s have 

not been deprived of the right to be heard prior to approval of said 

amendnient. 

(g) This amendment is imperative to the existence of the Retail 

Drug Trade and without such n, provision the said Trade will not 

be able to comply with the other provisions of the Code established 

therefor. 

For these reasons the amendment has been approved. 

SEP'TEMBER 21, 1934. 

I 

HUGH S. JOHNSON, 

Ad11iinistrator. 
ANIENDMENT TO CODE OF FAIR co:MPETITION FOR 

Tl-IE RETAIL TRADE 

Section 6 of Schedule "A" of the Code of Fair Competition for 

the Retail Trade, as amended, is hereby amended a follows : 

SEc. 6. It is hereby declared an unfair trade practice for any 

drug retailer to sell any drug , medicines, cosmetic toilet preparations or drug sundries nt a price below the manufacturers' whole ale 

list price per dozen; provided, however that in the case of biologica ls 

or other of the above-mentioned products, which are not customarily 

sold in dozen or greater lots, the Code Authority m~y fix a comparable unit quantity. 

The Administrator, at the recommendation of the National Retail 

Drug Code Authority or otherwise, after such notice and hearing 

as he may deem necessary, may suspen l or modify the operation of 

this clau e at any time when it appears that such operation does 

not tend to effectuate the purposes of Title I of the Act. The Administrator shall suspend or modify the operation of this clause in 

any particular case where a manufacturer is found to be manipulating his prices because of this provision in such a manner as to maintain an unwarrantecUy higher price to the ultimate consumer or to 

op.press small enterprises, or otherwise to defeat the purposes of 

the Act. 

Approved Code No. 60-Amendment No. 6. 

Registry No. 1625-2-02. 

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