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Approved Code No. 40-Amendment No. 2 Registry No. 699-1-05 · 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC STORAGE AND 

WET PRIMARY BATTERY 

INDUSTRY 

AS A{> PROVED ON DECEMBER 20, 1934 

WE DO OUR PARl 

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U.&. HflOMT01'Y 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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, Ill.: Suite 1706, 201 North Wells Street. 

Cl eveland, Ohio: Chamber of Commerce. 

Dalla s, Tex.: Chamber of Commerce Building. 

Detroit, Mich. : 801 First National Bank Building. 

Hou ton, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commer ce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

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

New York, N. Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Buildin~. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 40-Arnendrnent No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC STORAGE AND WET PRIMARY BATTERY 

INDUSTRY 

As Approved on December 20, 1934 

ORDER 

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE 

ELECTRIC STORAGE AND WET PRIMARY BATTERY INDUSTRY 

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 Electric Storage and Wet 

Primary Battery Industry, and an opportunity to be heard having been 

noticed to all interested persons, and no objections having been filed, 

and the annexed report on said amendment, containing findings with 

respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the Pre ident of the United 

States, the ational Industrial Recovery Board, pursuant to authority 

vested in it by Executive Orders of the President, including Executive 

Order No. 6859, and otherwise, does hereby incorporate, by reference, 

said annexed report and does 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 does hereby order that said amendment be and 

it is hereby approved, and that the previous approval of said Code is 

hereby amended to include an approval of said Code in its entirety 

as amended, such approval and such amendment to take effect ten 

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

shown to the National Industrial Recovery Board before that time 

and the National Industrial Recovery Board issues a subsequent 

order to that effect. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

BARTON w. MURRAY, 

Division Administrator. 

w ASHINGT0N, D. C., 

December 20, 1934. 

104234°-1385-122-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: This is a report on an amendment to the Code of Fair Competition for the Electric Storage and Wet Primary Battery Industry, 

submitted by the Code Authority for the said Industry. Notice of 

Opportunity to be Heard was noticed to all interested parties. No 

objections were filed. 

This amendment is necessary in order to correct typographical 

errors, and to clarify the intent of certain of the provisions of the 

Code. 

FINDINGS 

The Acting Deputy Administrator in his final report to the National 

Industrial Recovery Board on said amendment to said Code having 

found as herein set forth and on the basis of all the proceedings in this 

matter: · 

It is found 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 among trade groups, by inducing and maintaining united 

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 unemployment, by 

improving standards of labor, and by otherwise rehabilitating 

industry. 

(b) The 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 Section 7, and Subsection 

(b) of Section 10 thereof. 

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

and will not permit monopolies or monopolistic practices. 

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

and will not eliminate or oppress 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 approval of said 

amendment. 

For these reasons, therefore, this amendment is approved. 

For the National Industrial Recovery Board: 

DECEMBER 20, 1934. 

(2) 

w. A. HARRIMAN, 

Administrative Officer. 
Al\1ENDMENT TO CODE OF FAIR COMPETITION FOR 

THE ELECTRIC STORAGE AND WET PRIMARY BATTERY I DUSTRY 

Schedule 1, Section 1 (A), "Branding ', i amended to read: 

"Failure either actually to mark or brand each battery classified 

a Class I Product in Schedule II, or to refer by type or number or 

other de ignation marked on the battery to published specifications, 

with re pect to the capacity and quality of the battery as set forth 

in Schedule II, Class I Products, Section 2 i an unfair trade practice." 

Schedule I, Section 3, "Misrepresentation", is amended to read: 

"The making or permitting to be made or published of any false, 

untrue or deceptive statement , by advertising or otherwise, concerning the capacity, quality, performance, ubstance, nature, origin, 

size or preparation of any batteries, component parts, electrolyte or 

accessories is an unfair trade practice." 

Schedule II, Section 2, Group I, "Adjustment Period for Wood 

In ulation ", first number of months in column is amended to read 

"6". . 

Schedule II, "Domestic Marketing Standards for Class I Products "-Section 2, "Guarantees & Adjustment Policy "-the paragraph reading: 

"The ampere-hour capacity as given above shall be determined 

as provided in the standard specifications for lead acid storage batteries for automotive equipment of the Society ·of Automotive 

Engineers (Adopted January, 1932)." 

is amended to read: 

"The capacities as given above shall be determined as provided 

in the standard specifications for lead acid storage batteries for automotive equipment of the Society of Automotive Engineers. (Adopted 

January, 1932)." 

Schedule II, "Domestic l\!J:arketing Standards for Class II Products", Section 2 (D) i amended to read: · "In no case shall a cash refund be allowed." 

Approved Code No. 40-Amendment No. 2. 

Registry No. 699-1-05. 

(3) 

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