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APPENDIX K

EXECUTIVE Orders relaTING TO AGRICULTURAL ADJUSTMENT
ADMINISTRATION

EXHIBIT 29.-TRANSFER OF CODES TO A.A.A.

EXECUTIVE ORDER NO. 6182

Delegation of Certain Functions and Powers under the National Industrial Recovery Act to the Secretary of Agriculture

Pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, I hereby delegate to the Secretary of Agriculture all the functions and powers (other than the determination and administration of provisions relating to hours of labor, rates of pay, and other conditions of employment) vested in me by said title I of said act with respect to trades, industries, or subdivisions thereof engaged principally in the handling of milk and its products, tobacco and its products, and all foods and foodstuffs, subject to the requirements of title I of said act, but reserving to me the power to approve or disapprove of the provisions of any code of fair competition entered into in accordance with title I of said act. This order is to remain in effect until revoked by me. FRANKLIN D. ROOSEVELT. THE WHITE HOUSE,

June 26, 1933.

EXECUTIVE ORDER NO. 6207

Continuing in Effect the Authority Delegated to the Secretary of Agriculture by Executive Order No. 6182

Nothing in my Executive order dated July 15, 1933, supplementing my Executive order dated June 16, 1933, appointing Hugh S. Johnson to be the Administrator under title I of the National Industrial Recovery Act, approved June 16, 1933, shall be or be deemed to be in modification or derogation of my Executive order dated June 26, 1933, reading as follows:

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'Pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, I hereby delegate to the Secretary of Agriculture all the functions and powers (other than the determination and administration of provisions relating to hours of labor, rates of pay, and other conditions of employment) vested in me by said title I of said act with respect to trades, industries or subdivisions thereof engaged principally in the handling of milk and its products, tobacco and its products, and all foods and foodstuffs, subject to the requirements of title I of said act, but reserving to me the power to approve or disapprove of the provisions of any code of fair competition entered into in accordance with title I of said act. This order is to remain in effect until revoked by me.";

and such Executive order of June 26, 1933, shall, notwithstanding such order of July 15, 1933, be and remain in full force and effect.

THE WHITE HOUSE,

July 21, 1933.

FRANKLIN D. ROOSEVELT.

EXHIBIT 30.-ADDITIONAL CODES TRANSFERRED TO A.A.A.

EXECUTIVE ORDER NO. 6345

Amendment of Executive Order No. 6182 as supplemented by Executive Order No. 6207, Which Delegated to the Secretary of Agriculture Certain Authority Under the National Industrial Recovery Act

By virtue of the authority vested in me by title I of the National Industrial Recovery Act of June 16, 1933 (Public, No. 67, 73d Cong.), Executive Order No. 6182 of June 26, 1933, as supplemented by Executive Order No. 6207 of July 21, 1933, which delegated to the Secretary of Agriculture certain of the powers vested in me by the aforesaid act, is hereby amended so that, in addition to the trades, industries, or subdivisions thereof therein enumerated, there shall be included the following trades, industries, or subdivisions thereof:

1. Industries, trades, or subdivisions thereof (including agricultural produce and commodity exchanges and similar organizations) engaged principally in the handling of any of the following:

(a) Agricultural commodities (including livestock, poultry, fur-bearing animals and bees, and flowers and nursery stock, but excluding forest products other than nuts, fruits, sap, gum, and oils) up to the point of first processing off the farm, including all distribution, cleaning, or sorting, ginning, threshing, or other separation, or grading, or canning, preserving, or packing, of such commodities occurring prior to such first processing.

(b) Human and animal food (including beverages, confectionery, and condiments) and all substances or preparations used for food or entering principally into the composition of food.

(c) Nonfood products of grains; inedible animal and vegetable oils and fats; naval stores; feathers, hides, and furs; brooms; or hog-cholera serum.

2. Industries, trades, or subdivisions thereof, engaged principally in the crushing of cotton seed or flax seed.

If a question should arise as to whether or not any specific trade, industry, or subdivision thereof is or is not within the terms of Executive Order No. 6182 (as supplemented by Executive Order No. 6207) and/or this order, the question shall be finally and conclusively determined by agreement between the Secretary of Agriculture and the Administrator of the National Recovery Administration; or, if they do not agree, then the question shall be submitted to the President, whose decision thereon shall be final and conclusive.

This order shall not apply with respect to any trade, industry, or subdivision thereof for which a code of fair competition has heretofore been approved by me except as may hereafter be otherwise determined by agreement between the Secretary of Agriculture and the National Recovery Administrator.

As thus amended Executive Order No. 6182 (as supplemented by Executive Order No. 6207) shall be and remain in full force and effect until amended or revoked by me.

THE WHITE HOUSE,

October 20, 1933.

FRANKLIN D. ROOSEVELT.

EXHIBIT 31.-ESTABLISHMENT OF FEDERAL ALCOHOL CONTROL ADMINISTRATION

EXECUTIVE ORDER NO. 6474

Establishment of the Federal Alcohol Control Administration, Etc.

By virtue of the authority vested in me under title I of the National Industrial Recovery Act, approved June 16, 1933 (Public, No. 67, 73d Cong.)

(1) There is hereby established an agency to be known as the "Federal Alcohol Control Administration" to aid in effectuating the policy of said title.

(2) The Administration shall be composed of five officers of the executive branch of the Government to be designated by the President from time to time. (3) The following-named persons are hereby designated and appointed as the original members of the Federal Alcohol Control Administration, established under the provisions of said title:

Joseph H. Choate, Jr., Treasury Department
Edward G. Lowry, Jr., Treasury Department
Harris E. Willingham, Department of Agriculture.

W. A. Tarver, Department of Justice

Willard L. Thorp, Department of Commerce

(4) Joseph H. Choate, Jr., is designated as chairman of and Director for the Administration.

(5) The Administration is hereby authorized (a) to make investigations and studies with reference to the coordination of the activities of the Government pertaining to the taxation, control, and regulation of alcohol and alcoholic beverages, and such other investigations and studies as it deems necessary to aid it in performing its functions; (b) to exercise such powers and duties as may be vested in it by any code of fair competition or license under the National Industrial Recovery Act or by any marketing agreement or license under the Agricultural Adjustment Act, pertaining to alcohol or alcoholic beverages; (c) to prescribe rules and regulations with respect to any such code, marketing agreement, or license, other than provisions thereof relating to hours of labor, rates of pay, or other conditions of employment; and

(6) To utilize the services of any department or other establishment or agency of the Government to the extent necessary to carry out the powers and duties of the Administration, including services of the Bureau of Internal Revenue, the Bureau of Customs, the Agricultural Adjustment Administration, and the Food and Drugs Administration. Any department, establishment, or agency whose services are so utilized may be compensated therefor from such funds as may be allocated to the Administration from moneys available for carrying out the purposes of title I of the National Industrial Recovery Act.

(7) The Administration shall fix the compensation and define the powers and duties of the Director. The Director shall appoint and fix the compensation of such officers and employees of the Administration without regard to the civilservice rules and the Classification Act of 1923, as amended, and shall make such expenditures as may be necessary to carry out the powers and duties of the Administration.

(8) For the purposes of this order (including payment of the salary of the Director for the Administration), unless otherwise provided for, the sum of $500,000 is hereby allocated from the appropriation of $3,300,000,000 authorized by section 220 of the National Industrial Recovery Act and made by the Fourth Deficiency Act, fiscal year 1933 (Public, No. 77, 73d Cong.).

THE WHITE HOUSE,

FRANKLIN D. ROOSEVELT.

December 4, 1933.

EXHIBIT 32.-TRANSFER OF CODES TO N.R.A.

EXECUTIVE ORDER NO. 6551

Amendment of Executive Order No. 6182 (as supplemented by Executive Order
No. 6207 and Executive Order No. 6345) which delegated to the Secretary of
Agriculture certain authority under the National Industrial Recovery Act
By virtue of the authority vested in me by title I of the National Industrial
Recovery Act of June 16, 1933 (Public, No. 67, 73d Cong.), Executive Order
No. 6182 of June 26, 1933 (as supplemented by Executive Order No. 6207 of
July 21, 1933 and Executive Order No. 6345 of October 20, 1933), which dele-
gated to the Secretary of Agriculture certain of the powers vested in me by the
aforesaid act, is hereby amended as follows:

All the functions and powers heretofore delegated by said Executive orders to the Secretary of Agriculture are hereby transferred and delegated to the Administrator of the National Recovery Administration excepting only as follows:

I. The functions and powers transferred and delegated insofar as they relate to industries, trades, or subdivisions thereof which are engaged principally in the handling, processing, or storing of agricultural commodities, principally domestic, up to and including the point of first processing and the subsequent sale or disposition by the first processor (hereafter for convenience referred to as “first processors") shall not, without the written approval of the Secretary of Agriculture, be exercised through the fixation or control of—

(1) Prices in connection with the purchase of agricultural commodities from producers and the subsequent sale or disposition by first processors of the first processed articles.

(2) Brokerage fees involved in the purchase of agricultural commodities from producers and the subsequent sale or disposition by first processors of the first processed articles.

(3) Credits and financial charges with reference to agricultural products. (4) Commission rates in connection with the purchase of agricultural commodities from producers and the subsequent sale or disposition by first processors of the first processed articles.

(5) Purchasing arrangements with regard to agricultural commodities in their original form.

(6) Marketing quotas in connection with the purchase of agricultural commodities from producers and the subsequent sale or disposition by first processors of the first processed articles.

(7) Plant capacity and/or its allocation.

This limitation upon the functions and powers transferred and delegated is established in order that such subject matters may be dealt with by the Secretary of Agriculture under section 8 (2) and/or (3) of the Agricultural Adjustment Act without conflicting with the exercise of such functions and powers by the Administrator of the National Recovery Administration.

The industries and trades or subdivisions thereof covered by this section I of this order are limited to (a) those listed in exhibit A hereto attached and hereby made a part hereof, and (b) such other first processors as have not heretofore filed codes pursuant to the National Industrial Recovery Act.

II. The functions and powers transferred and delegated shall not include those relating to the following industries, trades, and subdivisions thereof, but such functions and powers with respect thereto shall continue to be delegated to the Secretary of Agriculture pursuant to and in the manner set forth in Executive Order No. 6182, as supplemented by Executive Order No. 6207, and 6345; 1. Commodity exchanges.

2. Industries, trades, and subdivisions thereof engaged principally in the handling, processing, or storing of:

(a) Milk and its products, but excepting packaged pasteurized, blended, and/or processed cheese.

(b) Oleomargarine and vegetable oils, but excepting soybean oil.

(c) Cotton and cottonseed and their products, including ginning, cottonseed crushing, cottonseed oil refining (excluding the manufacture of textiles and processing and handling subsequent thereto).

3. Industries, trades and subdivisions thereof engaged principally in the handling, processing, or storing up to the point of first processing and the subsequent sale and disposition by such processors of:

(a) Livestock and its products.

(b) Wheat, corn, rice, and other grains, but excepting cereals, pancake flours, self-rising flours, cake flours, and like products sold in grocery store sizes, and grocery store products of corn.

(c) Sugar and its byproducts.

(d) Anticholera hog serum and virus.

(e) Naval stores.

(f) Tobacco and its products.

4. Fresh fruits and vegetables and poultry and poultry products up to and including handling in wholesale markets and the subsequent sale and disposition by such handlers in wholesale markets.

Provided, however, That the functions and powers referred to in this section II shall be so exercised as to harmonize with the exercise of similar functions and powers with respect to other codes approved by the Administrator of the National Recovery Administration; but any functions and powers reserved to the Secretary of Agriculture by this section II so far as they relate to industries, trades, or subdivisions thereof which are engaged principally in the handling, processing, or storing of agricultural commodities up to and including the point of first processing and the subsequent sale or distribution by the first processor, shall not, unless the Secretary of Agriculture otherwise decides, include or affect the subject matters referred to in subclauses (1), (2), (3), (4), (5), (6), or (7) of section I of this order.

III. If a question should arise as to whether or not any specific trade, industry, or subdivision thereof is, or is not, within any of the terms or provisions of this order, the question shall be finally and conclusively determined by written agreement between the Secretary of Agriculture and the Administrator of the National Recovery Administration; or, if they do not agree, then the question shall be submitted to the President, whose decision thereon shall be final and conclusive.

IV. Any functions and powers which are hereby delegated and transferred to the Administrator of the National Recovery Administration or which have heretofore been delegated to the Secretary of Agriculture and which remain delegated to the Secretary of Agriculture by the terms of this order, may, by written agreement between the Secretary of Agriculture and the Administrator of the National Recovery Administration, be redelegated to the Secretary of Agriculture or be delegated to the Administrator of the National Recovery Administration, as the case may be. FRANKLIN D. ROOSEVELT.

THE WHITE HOUSE,

January 8, 1934.

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Letters will be exchanged between the Secretary of Agriculture and the Administrator of the National Recovery Administration which will enumerate specifically the codes to be retained by A.A.A. and referred to in section II of the order. As to codes already filed, section II will be limited to the following:

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As to codes covered by section II, the following is a list (not necessarily exhaustive) which may hereafter be filed:

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