yl Approved Code No. 181-Amendinent No. 1 Registry No. 1328-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

COMMERCIAL REFRIGERATOR 

INDUSTRY 

AS APPROVED ON AUGUST 31, 1934 

"WE DO OUR PART 

UNIV. OF Fl U . 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Birmingham, Ala.: 157 Fe<leral Building. 

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Philadelphia. Pa. : -122 Commercial Tru~t Building. 

Pittsburgh. Pa.: Chnmber f Commerc Building. 

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St. L uiM, Mo.: 50G Oliv treet. 

Snn Frun Leo, a1if.: : 10 U!';t mhou e. Seattle, \Va b.: ~0!) Fed ral Offke Building. 
Approved Code No. 181-Amendment No. 1 

Al\1ENDMENT TO CODE_ OF FAIR COMPETITION 

FOR THE 

COMMERCIAL REFRIGERATOR INDUSTRY 

As Approved on August 31, 1934 

ORDER 

APPROVING J\1onmcATIONS OF CoDE OF FAIR CoMPETITION FOR THE 

COMMERCIAL REFRIGERATOR 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 modifications 

to a Code of Fair Competition for the Commercial Refrigerator Industry, and hearings having been duly held thereon and the annexed 

.report on said modifications, containing findings with respect thereto, 

.having been made and directed to the President: 

NOW, 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 6543--A dated December 30, 

1933, and otherwise, do hereby incorporate by reference, said annexed report and do find that said modifications and the Code as 

constituted after being modified 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 modifications 

be and they are hereby approved, and that the previous approval of 

said Code is hereby modified to include an approval of said Code in 

its entirety as modified, such approval and such modifications to 

take effect fifteen (15) days from the date hereof, unless good cause 

to the contrary is shown to the Administrator before that time and 

the Administrator issues a subsequent order to that effect. 

HUGH S. JOHNSON, 

Adminutrator f 01· Industrial Recovery. 

Approval recommended: 

BARTON ,v. J\1: u RRA.Y, 

Divuion Ad1ni'fltutrator. 

WASHINGTON, D.C., 

August 31, 1934. 

838C9"-ll81- 2-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on Modifications of the approved Code of 

Fair Competition for the Commercial Refrigerator Indu try. A 

public hearing was duly held thereon in Washington, D.C., on 

lviay 15, 1934 in accordance with the provisions of the National 

Industrial Recovery Act. 

The Assistant Deputy Administrator in his final report to me on 

the modification of the Code of Fair Competition for the Commercial Refrigerator Industry having found as herein set forth 

and on the basis of all the proceedings in this matter: 

I find that: 

(a) Modifications, numbers 2, 3, 4, 6, 8 and numbers 10 to 13 

inclusive, to said Code and the Code as modified are w 11 esigned 

to promot~ the policies and purposes of Title I of the ational 

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 main aining united action of labor and m:inagement un 1er adequate gov rnmental sancti n and supervision, by eliminating unfair m1 titive practices, by promoting the fulle t po ible utiliza tion of the 

pr nt productive capa ity of i. dustries by avoiding un lue re-

, triction of production ( except as may be temp rarily r"quir d) i 

by increasing the con umption of indu trial and a ri ultura 

products through increa ing purcha ing p w r, by r du ino- and 

reli ving unemployment, by improvin0 tandard of lab r an l b 

othcrwi e rehabilitating industry. 

(b) 1 he de a modifi tl ompli s in all r p ct with th p rtin nt provi~ions f ·aid Title of aid ct, in lu ling with nt limita ion Sub ti n (a) f tion 3 ub ection (a) f ion 7 and 

ub tion (b) of e ti n 10 ther f. 

( c) The m clifi ation and he 1 

to and will n t p rmit mon poli s or m nop li ti 

( d) The mo<lification and th cl a rn ifi l ar n 

t an l will not liminat r Pl r mall 

n t p rat. to 1i rin in t ao·ain -t th m. 

( ) Th n era er l in th r t p f th n nu 

n b n 1 priY 1 f th ri1rht b h • rd pn r t 

ai l m difi a i n. 

i l rn 1ifi a i n ar a · rdincrl a1 pr Y 

R I tfully, H GI IL . 0-'" 

clmiJ i ·traio1'. 

A T 1 1 '4, 

(2) 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE COltfMERCIAL REFRIGERATOR INDUSTRY 

Amendments nos. 2, 3, 4, 6, 8 and nos. 10 to 13, inclusive: 

A mend Section 2 of Article II to read as follows : 

"SECTION 2. The term 'Commercial Refrigerator' or 'product of 

the industry ' as used herein is defined to mean and include any 

insulated room, box, chest, cabinet, display case or counter (but 

not part of the fixed construction) equipped with or for any form 

of refrigeration or equipment with or for any type of refrigerating 

unit or agent for storage and/or display of perishable food or other 

products under refrigeration, in meat markets, grocery and delicatessen stores, florists' shops, hotels, restaurants, clubs, institution:-;, 

and such similar establishments where such food or other products 

Hre retained or stored for the purpose of sale or service, except 

that beverage coolers and electric or gas ice cream cabinets are not 

included as products of this industry and further provided, that 

household -.refrigerators when manufactured and sold by a member 

'- f this industry for commercial use are also not included as a product 

of this industry." 

3. 

A mend Section 6 of Article IV to read as follows: 

"SECTION 6. Evasion through Reemployment.-N o employee now 

employed at a rate in excess of the minimum shall be discharge..::1 

and reemployed or replaced by another at a lower ra~ for the purpose of evading the provisions of this Code." 

4. 

Add to Article V the foil owing: 

" SECTION 8. Ope1·ations perf ormecl by M em.bers.-Ail members of 

the Industry shall comply with all provisions relating to hours in 

this Code, in the perform-ance by them, him or her of manual labor 

operations." 

6. 

Omit "Section 8 of Article VI." Renumber original Sections 9 

and 10 to read Sections 8 and 9 respectively and add to Article VI 

subparagraph (i) of Section 9 and new Sections 10 and 11 us 

follows: 

(i) It being f ound necessary, in order to support the administration of this Code and to maintain the standards of fair competition 

established hereunder and to effectuate the policy of the Act, the 

Code Authority is authorized: 

( aa) To incur such r easonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

(3) 
4: 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Code; 

(bb ) To submit to the A dministrator for his approval, subj ect to 

such notice and opportunity to be heard as he may deem necessary, 

(1) an itemized budget of its estimated expenses f or the f oregoing 

purp oses, and (2 ) an equitable basis upon which the funds necessary 

to support such budget sh all be contributed by members of the 

Industry ; 

( cc) After such budget and basis o:f contributions have been approved by the Administrator, to determine and obtain equitable con·-

tributions as above set f orth by all members of the Indu~try, and to 

that end, if necessary, to institute legal proceedings therefor in its 

own name. 

" S ECTION 10. Each member of the industry shall pay his or its 

equitable contribution to the expenses of the maintenance of the 

Code Authority, determined as hereinabove provided, and subject to 

rules and r egulations pertaining thereto issued by the Administrator. 

Only members of the industry complying with the Code and contributing to the expenses of its administration as herein provided, 

unless duly exempted from making such contributions shall be entitled to participate in the selection of members of the Code Authority or to receive the benefits of any of its voluntary activities, or to 

make use of any emblem or insignia of the National Recovery 

Administration." 

" SECTION 11. The Code Authority shall neither incur nor pay any 

obligation substantially in excess of the amount thereof as estimated 

in its approved budget; and shall in no event exceed the total amount 

contained in the approved budget except upon approval of the Administrator; and no subsequent budget shall contain any deficiency 

item for expenditures in excess of prior budget estimates except 

those which the Administrator shall have so approved." 

8. 

Add to Article VII the f ollowing: 

"RULE 17. No member of the industry shall combine quotation , 

contracts, invoice or receipts for any pr luct of the industry with 

any quotation, contract, invoice or receipt for any other ma rial, 

labor or servi e for the purpo e and with the int nt r ff t f c ncealing the true selling pri ·e of the product of th indu tr). 

A m-end ·ti n 1 f 

Fun r in th ninth th 

ical IT r in riginal dr 

10. 

-f any r 111 t 

11. 
5 

12 . 

.A. mend Section 7 (b) of Article VIII to read : 

"Cash amounting to at least twenty percent (20% ) of the net 

sales price to be pa1d on or prior to delivery to the purchaser." 

13. 

A mend Section 7 ( c) of Article VIII to read : 

"Balance due on any contract of sale to be paid in not more than 

twenty-four (24) months from date of shipment." 

Approved Cod No. 181-Amendment No. 1. 

Regfstry No. 132~2. 

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UNIVER SITY OF FLORIDA 

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