Rules and Regulations under the Wool Products Labeling Act of At a regular session of the Federal Trade Commission held at its office in the City…
Cut out of a daily Federal Register issue by software; the start and end may include neighboring text. The PDF excerpt shows the original pages.
Page 6
TITLE 16—COMMERCIAL PRACTICES CHAPTER I— FEDERAL TRADE COMMISSION S u b c h a p t e r C— R e g u l a t io n s U nder S p e c if ic A cts o f C ongress [File 156] PART 300— RULES AND REGULATIONS UNDER THE WOOL PRODUCTS LABELING ACT OF At a regular session of the Federal Trade Commission held at its office in the City of Washington, D. C., on the 15th day of July, A. D. 1941. Acting under and in pursuance of the Wool Products Labeling Act of 1939 (Public No. 850, 76th Congress, Third Ses sion), It is now ordered, That the Rules and Regulations hereinbelow set forth be, and they hereby are, made, issued and promulgated by the Federal Trade Com mission as Rules and Regulations of the Commission under said Act, and are made effective July 15, 1941. DEFINITIONS Sec.
300.1 Terms defined.
LABELING 300.2 General requirement.
300.3 Required label information.
Page 7
F E D E R A L R E G IS T E R , Tuesday, July 15, 1941 Sec.
300.4 800.5 300.6 800.7 800.6 800.9 800.10 800.11 800.12 300.13 300.14 300.15 800.16 800.17 300.18 800.19 800.20 300J21 300.22 300.23 800.24 300.25 800.26 800.27 800.28 300.29 300.30 800.31 800.32 30083 300.34 300.35 300.36 Use of registered num ber in lieu of manufacturer’s name.
Types of labeling and methods of affixing marks to product. Labels to be avoided.
English language requirement. Common generic name of fiber. Abbreviations or ditto marks. Arrangement of label information. Improper methods of labeling. parking of units of merchandise containing two or more pieces. Real name to be shown on label. Substitute label requirement. Labeling of containers or packaging of wool products.
Ornamentation.
Use of the term “A ll” or “ 100% Use of name of specialty fiber. Use of terms “Mohair” and “Cashmere”.
Use of the term “Virgin” or * New* . Use of separate label for name. Marking of samples, swatches, or specimens.
Sectional disclosure of content. Linings, paddings, stiffening, trim mings and facings.
Naming fibers not present. Pile fabrics and products composed thereof.
Wool products containing superim posed or added nonwoolen fiber. Products made wholly of miscellane ous reused fibers of undetermined percentages.
Garments or products composed of or containing miscellaneous cloth scraps.
Deceptive labeling in general. MANUFACTURERS’ RECORDS Maintenance of records GUARANTIES Form of separate guaranty. Continuing guaranty.
Form A— For use by corporations. Form B— For use by individuals. Form C— For business conducted by partnership or unincorpo rated association.
Reference to existing guaranty on labels not permitted.
GENERAL Hearings under section 4 (d ) of the act.
Effective date.
Definitions § 300.1 Terms defined. As used in the rules in this part unless the context otherwise specifically requires: (a) The term “Act” means the Wool Products Labeling Act of 1939 (approved October 14, 1940, Public No. 850, 76th Congress, Third Session). (b) The terms “ rule,” “ rules,” “regu lations” and “ rules and regulations” mean the rules and regulations pre scribed by the Commission pursuant to the Act.
(c) The definitions of terms contained in section 2 of the Act shall be appli cable also to such terms when used in rules promulgated under the Act.* [Rule 13 *§§300.1 to 300.36, inclusive, Issued under the authority contained in the W ool Prod ucts Labeling Act of 1939, approved October 14, 1940 (Public No. 850, 76th Congress, Third Session).
Labeling § 300.2 General requirement.
Each and every wool product subject to the Act shall be marked by a stamp, tag, label, or other means of identification, in conformity with the requirements of the Act and the rules and regulations thereunder.* [Rule 23 § 300.3 Required label information. The marking of wool products under the Act shall be in the form of a stamp, tag, label, or other means of identification, showing and displaying upon the prod uct the required information, legibly, conspicuously, and nondeceptively. The information required to be shown and displayed upon the product in the stamp, tag, label, or other mark of identifica tion, shall be that which is required by the Act and the rules and regulations thereunder including the following: (a) The fiber content of the product specified in section 4 (a) (2) (A ) of the Act.
(b) The maximum percentage of the total weight of the wool product of any nonfibrous loading, filling or adulterating matter as prescribed by section 4 (a) (2) (B ) of the Act.
(c) The name of the manufacturer of the wool product and/or the name of one or more persons subject to section 3 of the Act with respect to such wool prod uct, subject, however, to the provisions of § 300.4.* [Rule 33 § 300.4 Use of registered number in lieu of manufacturer’s name, (a) The name of the manufacturer need not ap pear upon the label or mark of identifi cation if the same bears an identification number registered and assigned by the Federal Trade Commission as the mark which identifies the manufacturer and by which said manufacturer undertakes to be bound in respect of such label as fully as though the name of the manu facturer were used in lieu of such num ber: Provided, however, That such label or mark of identification bears, in addi tion to such number, the name of at least one person who subsequently sells such product to a reseller or to the purchaserconsumer, and the name of such seller, together with the manufacturer’s reg istered number, remains or is set forth upon such label or mark affixed to the product when it is delivered to and re ceived by the purchaser-consumer. (b) Applications for manufacturer’s registered identification number. Any manufacturer of a wool product residing in the United States desiring to use a manufacturer’s registered number in lieu of his name upon the label or mark of identification affixed to the product by him, as provided for in this rule, may make application to the Federal Trade Commission for assignment to him of such registered number or numbers as, and in the form which, the Commission may deem appropriate for use by such manufacturer on the label or mark of identification under the Act in lieu of his name, but with fully as binding effect as though his name were used. Such application shall be in writing, duly ex ecuted under oath or affirmation, and shall be submitted in quadruplicate and in the following form:
To the Federal Trade Commission, Wash ington, D. C.
We, the undersigned, manufacturers of wool products subject to the W ool Products Labeling Act of 1939, residing in the United States and having principal office and place of business at____________________________________ (Street and Num ber) (City or County) (State or Territory) do hereby make application to the Commis sion for the assignment of a m anufacturer’s registered identification num ber to be used by us on our labels and marks of identifica tion in accordance with requirements of the Commission and the applicable provisions of the rules and regulations under said Act. It is understood by us and hereby agreed that, in the use of any such num ber assigned by the Federal Trade Commission, such num ber shall be construed as identifying us and as binding Us as fully and in all respects as though our name were used on such labels and marks of identification in lieu of such manufacturer’s number. Dated, signed and executed t h i s _________ day o f ________________ 19------ - at -------------------- (City or County) (State or Territory) (Full Name of Firm ) (Signature and title of proprietor, partner or executive officer thereunto duly authorized) Subscribed and sworn to (or affirmed) be fore me by (Nam e of proprietor, partner or executive of ficer who signed as thereunto duly author ized) t h is _________ day o f ________________ _ 19____ _ Notary Public in and for County o f _________________________________ _ State of_______________________________ M y commission expires_________ _ [Notarial Seal] (c) If such applicant is a corpora tion, the application shall be duly exe cuted in the name of such corporation and in accordance with the requirements of the following form:
In witness whereof the_______________________ (Full Legal Name of Corporation) the undersigned applicant herein, a corpora tion chartered and doing business under the laws of the State o f ___________________ _ having principal office and place of business at_______ (Street and Num ber) (City or County) (State or Territory) has th is _________ day o f _______________ _ 19____ _ caused this application to be executed and its name and corporate seal to be hereto affixed.
(Full Legal Name of Corporation) [CORPORATE SEAL] A t t e s t:
------------------------------- B y ------------------ ---------- Secretary (Signature and Title of Executive Officer) On th is_________ day o f ______________ _ 19____ , subscribed and sworn to (or affirmed before me b y ______________________________________________ (Nam e of Subscribing Executive Officer) who on his oath (or affirmation) deposes and states that he i s ________________________________ (Title of Executive Officer) of the above-named corporation; that he is authorized to sign and has signed the fore going application for and on behalf of such corporation.
Notary Public in and for County o f _________________________________ _ State o f __________________________ _ M y commission expires_________ _ [NOTARIAL SEAL] (d) The application shall be accom panied by statement of the business con-
Page 8
F E D E R A L R E G IS T E R , Tuesday, July 15, 1941 ducted by the applicant and designation of the kinds of wool products manufac tured or sold by such applicant.* [Rule 4] § 300.5 Types of labeling and meth ods of affixing marks to product. The stamp, tag, label, or other means of identification, shall be such as is appro priate to the nature of the product and shall be affixed to the product securely and with sufficient permanency to re main thereon in a conspicuous, clear, distinct and plainly legible condition throughout the sale, resale, distribution and handling incident thereto, and shall remain on or be firmly affixed to the respective product when sold and de livered to purchasers and purchaserconsumers thereof.
Where these re quirements are met, the stamp, tag, label, or other means of identification, may be affixed by having the required information stencilled, imprinted or branded upon the product itself, or placed thereon in the form of a strong, durable label securely sewed or stapled to the product or otherwise securely at tached thereto, or by a strong, durable tag securely tied to the product. (See § 300.15 for provision as to marking con tainers or packaging of wool products.) * [Rule 51 § 300.6 Labels to be avoided. Stamps, tags, labels, or other marks of identifi cation, which are insecurely attached, or which in the course of offering the prod uct for sale, selling, reselling, transport ing, marketing, or handling incident thereto are likely to become detached, indistinct, obliterated, illegible, muti lated, inaccessible, or inconspicuous, shall not be used.* [Rule 61 § 300.7 English language requirement. All words, statements and other infor mation required by or under authority of the Act and- the rules and regulations thereunder to appear on the stamp, tag, label, or other mark of identification, shall appear in the English language. If the product bears any stamp, tag, label, or mark of identification which contains any of the required information in a language other than English, all of the required information shall appear both in such other language and in the English language.* [Rule 7] § 300.8 Common generic name of fiber. Except where another name is re quired or permitted under the Act, the respective common generic name of the fiber shall be used when naming fibers in the required information; as for exam ple, “Wool,” “ Reprocessed Wool,” “Re used Wool,” “ Cotton,” “ Rayon,” “ Silk,” “Linen,” “Horsehair,” “Rabbit Hair.” * [Rule 81 § 300.9 Abbreviations or ditto marks. Words or terms in the required informa tion descriptive of fiber content shall not be abbreviated, nor be designated by the use of ditto marks, but shall be spelled out fully; as for. example, “ Wool,” “ Re processed Wool,” “Reused Wool,” “ Cot ton,” “ Rayon.” * [Rule 9] § 300.10 Arrangement of label infor mation.
(a) All items or parts of the required information to be shown and displayed in the stamp, tag, label, or other mark of identification of the prod uct, shall be set forth consecutively, in immediate conjunction with each other, and in type or lettering plainly legible and conspicuous; such as for examples Made of 60% Wool 40% Reused W ool Exclusive of Ornamentation Distributed by:
Jo h n Q. D oe Co., I n c ., New York, N. Y.
(b) I f non-required information or representations are placed on the product or in the label or mark of identification, the same shall not in any way be false or deceptive, nor shall such information or representation be set forth or used in such manner as to interfere with the re quired information.* [Rule 101 § 300.11 Improper methods of label ing.
The stamp, tag, label, or other mark of identification required under the Act, or the required information con tained therein, shall not be minimized, rendered obscure or inconspicuous, or be so placed as likely to be unnoticed or unseen by purchasers and purchaserconsumers when the product is offered or displayed for sale or sold to purchasers or the consuming public, by reason of, among others:
(a) Small or indistinct type. (b) Failure to use letters and numerals of equal size and conspicuousness in naming all fibers and percentages of such fibers as required by the Act. (c) Insufficient background contrast. (d) Crowding, intermingling, or ob scuring with designs, vignettes, or other written, printed or graphic matter.* [Rule 11] § 300.12 Marking of units of mer chandise containing two or more pieces. (a) Except in instances where other form of marking is specifically author ized, the stamp, tag, label, or other mark of identification, shall be attached to and appear upon each garment or separate piece of merchandise subject to the Act, irrespective of whether two or more gar ments or pieces may be introduced into commerce, sold, or marketed together or in combination with each other. (b) Wearing apparel sold in pairs; hosiery, gloves, mittens, footwear, etc. In the case of garments or wearing ap parel manufactured for use in pairs and sold, distributed and used in such pairs, the use of more than one label or mark of identification will not be required if both pieces in the pair are of the same fiber composition, grade and quality, are and remain firmly attached to each other when marketed and delivered in the channels of trade and to the purchaserconsumer, and the stamp, tag, label, or mark of identification affixed thereto is clearly applicable to both pieces and sup plies the required information promi nently in accordance with the Act and the rules and regulations thereunder* [Rule 12] § 300.13 Real name to be shovm on label. Trade name, trade-marks or other names which do not constitute the legal name of the manufacturer of the wool product or other person required by the Act to appear on the stamp, tag, label or other mark of identification, shall not be used in lieu of or in substitution for the legal name of such manufacturer or other person.
Nothing in these rules shall be construed as permitting the use of any corporate, trade, or other name which is false or deceptive.* [Rule 13] § 300.14 Substitute label requirement. When necessary to avoid deception, the name of any person other than the man ufacturer of the product appearing on the stainp, tag, label, or other mark of identification affixed to such product shall be accompanied by appropriate words showing that the product was not manufactured by such person; as for example:
M anufactured f o r : _______________________ Distributed b y : ________________ -------------------------------- ;----------- Distributors * [Rule 14] § 300.15 Labeling of containers or packaging of wool products. The label or mark of required information, as pro vided in § 300.5, shall be affixed to and displayed upon the container, wrapper, binder, or other means of packaging of wool products subject to the Act, (a) where marking the produot itself is impossible, or where such marking of the product would be inadequate to fully inform purchasers and purchaser-con sumers of the required information or to prevent deception; or (b) where the wool product is mar keted or sold and delivered in sealed con tainers which remain unbroken and in tact until after delivery of the product to, and receipt thereof by, the purchaserconsumer.
Any such product packaged in a sealed container shall also be marked by stamp, tag, label, or other mark of identification showing the required fiber and material content where the product is capable of being so marked and where it is removed from the sealed container, or is likely to be removed therefrom, or the container is opened, for display or sales purposes or for other reasons, prior to purchase by and delivery to the ulti mate purchaser-consumer.
Where the product bears a label or mark of identi fication, as provided in § 300.5, which is clearly visible to the purchaser when of fered for sale, no label or mark of identi fication need be placed on such con tainer.* [Rule 15] § 300.16 Ornamentation. Where the wool product contains fiber ornamenta tion not exceeding 5% of the total fiber weight of the product and the stated percentages of fiber content of the prod uct are exclusive of such ornamentation, the stamp, tag, label, or other means of identification shall contain a phrase or
Page 9
F E D E R A L R E G IS T E R , Tuesday, July 15, 1941 statement showing such fact; as for example:
50% W ool 25% Reused W ool 26% Cotton Exclusive of Ornamentation Where the fiber ornamentation ex ceeds 5%, it shall be included in the statement of required percentages of fiber content of the product, subject, however, to the right of making sectional disclosure of content under §300.23 where the ornamentation constitutes a distinct section of the product and the provisions of such § 300.23 are fully met.* [Rule 161 §300.17 Use of the term “all” or •‘100%” Where the fabric or product to which the stamp, tag, label, or mark of identification applies is composed wholly of one kind of fiber, either the word “ all” or the term “ 100% ” may be used with the correct fiber name; as for example, «100% Wool,” “All Wool,” “ 100% Re processed Wool,” “All Reprocessed Wool,” “100% Reused Wool,” “All Reused Wool.” If any such product is composed wholly of one fiber with the exception of fiber ornamentation not exceeding 5%, such term “all” or “ 100% ” as qualifying the name of the fiber may be used, provided it is immediately followed by the phrase “exclusive of ornamentation,” or by a phrase of like meaning; such as for ex ample:
All Wool Exclusive of Ornamentation or 100% Wool Exclusive of Ornamentation ♦[Rule 17] § 300.18 Use of name of specialty fiber. In setting forth the required fiber content of a product containing any of the specialty fibers named in section 2 (b) of the Act, the name of the specialty fiber present may be used in lieu of the word “wool,” provided the percentage of each named specialty fiber is given, and provided further that the name of the specialty fiber so used is qualified by the word “reprocessed” or “reused” when the fiber referred to is “reprocessed wool” or “reused wool,” as defined in the Act. The following are examples of fiber con tent designation permitted under this rule:
56% Alpaca 45% Camel’s Hair 50% Reused Camel’s Hair 50% Wool 60% Reprocessed Alpaca 40% Rayon 35% Reused Llam a 35% Reprocessed Vicuna 30% Cotton 60% Cotton 40% Reused Llama.
•[Rule 18] § 300.19 Use of terms “mohair** and "cashmere”. In setting forth the re quired fiber content of a product contain ing hair of the Angora goat known as mo- No. 136-------2 hair or containing hair or fleece of the Cashmere goat known as cashmere, the term “ mohair” or “ cashmere,” respec tively, may be used for such fiber in lieu of the word “wool”, Provided, The re spective percentage of each such fiber designated as “mohair” or “ cashmere” is given; And provided further, That such term “mohair” or “cashmere” where used is qualified by the word “reprocessed” or “reused” when the fiber referred to is “reprocessed wool” or “reused wool,” as defined in the Act.
The following are examples of fiber content designation permitted under this rule: 50% Mohair 50% W ool 60% Reprocessed Mohair 40% Cashmere 60% Cotton 40% Reused Cashmere.
♦[Rule 19] § 300.20 Use of the term “Virgin” or “New”.
The term “virgin” or “ new” as descriptive of a wool product or any fiber or part thereof shall not be used when the product or part so described is not com posed wholly of new or virgin wool which has never been used, or reclaimed, re worked, reprocessed or reused from any spun, woven, knitted, felted, or manufac tured or used product.
Products com posed of or made from fiber reworked or reclaimed from yarn or clips shall not be described as virgin wool or new wool, or by terms of similar import, regardless of whether such yarn or clips are new or used or were made of new or reprocessed or reused material.* [Rule 20] § 300.21 Use of separate label for name. The name of the manufacturer or person subject to section 3 of the Act with respect to the wool product may be set forth on a label or mark separate from that which contains the statement of fiber and material content of the prod uct where it is not practical to include such name in the label or mark bearing the fiber and material content: Provided, That the label or mark bearing said name and the name itself are prominently and conspicuously displayed either in im mediate conjunction with, or in close proximity to, such other label or mark and in such manner as will fully inform purchasers and purchaser-consumers of the required information. This rule shall not apply to a manufacturer’s reg istered number provided for in § 300.4.* [Rule 21] § 300.22 Marking of samples, swatches or specimens. Where samples, swatches or specimens of wool products subject to the Act were used, to promote or effect sales of such wool products in commerce, said samples, swatches and specimens, as well as the products themselves, shall be labeled or marked to show their respec tive fiber contents and other information required by law.* [Rule 22] § 300.23 Sectional disclosure of con tent— (a) Permissive.
Where the wool product is composed of two or more sec tions which are recognizably distinct and such several sections are of different fiber composition, the required fiber content to be stated upon the stamp, tag, label, or other mark of identification may be sep arated in the same label or mark in such manner as to show the fiber composition of each section, provided the section to which the respective percentages and fiber designations apply is specifically designated and such disclosure by sec tions is adequate fully to inform purchas ers of the required information. (b) Mandatory.
The disclosure by sections as above provided shall be made in all instances where such form of mark ing is necessary to avoid deception of pur chasers and pu rchaser-consu m ers.* [Rule 23] § 300.24 Linings, paddings, stiffening, trimmings and facings, (a) In labeling or marking garments or articles of ap parel which are wool products, the fiber content of any linings, paddings, stiffenings, trimmings or facings of such gar ments or articles of apparel shall be given and shall be set forth separately and distinctly in the stamp, tag, label, or other mark of identification of the prod ucts, ( 1) if such linings, paddings, stiffen ing, trimmings or facings, purport to con tain or are represented as containing wool, reprocessed wool or reused wool; or (2) if express or implied representa tions of fiber content of any of such lin ings, paddings, stiffening, trimmings or facings are customarily made. (b) In the case of wool products which are not garments or articles of apparel, but which contain linings, paddings, stif fening, trimmings or facings, the stamp, tag, label, or other mark of identification of the product shall show the fiber con tent of such linings, paddings, stiffening, trimmings or facings, set forth separately and distinctly in such stamp, tag, label, or other mark of identification. (c) In the case of garments which contain interlinings, the fiber content of such interlinings shall be set forth sepa rately and distinctly as part of the re quired information on the stamp, tag, label, or other mark of identification of such garment.
For purposes of this paragraph (c) the term “ interlinings” shall not be construed as embracing paddings or stiffening ordinarily used in garments for structural purposes and not for warmth.
(d) Wool products which are or have been manufactured for sale or sold for use as linings, interlinings, paddings, stiffening, trimmings or facings, but not contained in a garment, article of ap parel, or other product, shall be labeled or marked with the required information as in the case of other wool products.* [Rule 24] § 300.25 Naming fibers not present. Words which constitute the name or designation of a fiber which is not pres ent in the product shall not appear in or
Page 10
F E D E R A L R E G IS T E R , Tuesday, July 15, 1941 as a part of the listing or marking of required fiber content on the stamp, tag, label, or other mark of identification affixed to the wool product.* [Rule 251 § 300.26 Pile fabrics and products composed thereof.
The fiber content of pile fabrics or products made thereof may be stated in the label or mark of identification in such segregated form as will show the fiber content of the face or pile and of the back or base, with the percentages of the respective fibers as they exist in the face or pile and in the back or base: Provided, That in such dis closure the respective percentages of the face and the back be given in such man ner as will show the ratio between the face and the back.
Examples of the form of marking pile fabrics as to fiber content provided for in this rule are as follows: » 100% W ool Pile 100% Cotton Back (Back constitutes 60% of fabric and pile 40% ) Pile— 60% Reused Wool, 40% Wool Back— 70% Cotton, 30% Rayon (Pile constitutes 60% of fabric and back 40% ).
* [Rule 26) § 300.27 Wool products containing superimposed or added non-woolen fiber. Where the products is made wholly of wool, reprocessed wool, or reused wool, with the exception of a non-woolen fiber in minor proportion which is superim posed or added in certain distinct areas or sections for reinforcing or for other useful purpose, the product may be des ignated as all wool, all reprocessed wool, or all reused wool, as the case may be, with an exception naming the non woolen fiber and giving the percentage thereof and indicating the area or section where superimposed or added for rein forcement or other useful purpose An illustration of the type of statement pro vided for in this rule to designate the fiber content of hosiery composed entirely of reused wool, but having 15% cotton added tb the toe and heel for reinforce ment, is as follows:
All reused wool except 15% cotton re inforcement added to toe and heel.* [Rule 27] § 300.28 Products made wholly of mis cellaneous reused fibers of undetermined percentages.
Where a wool product is made of shoddy or material composed wholly of reused miscellaneous fibers of which the respective percentages of the different fibers and the variations thereof are not determined, the following form of disclosure as to fiber content of such wool product, where truthfully applicable, may be used for such classes of merchan dise, with the proper percentage figures inserted:
Made of Reused material consisting of: Not less t h a n _______ % reused wool Not more t h a n _______% cotton B a la n c e ----------% unknown reused fibers or Made of Reused material consisting of: Not less t h a n _______% reused wool Not more t h a n ______ % rayon B a la n c e _______% unknown reused fibers For purposes of this rule, undetermined or unascertained amounts of wool or re processed wool may be classified and designated as reused wool.* [Rule 28] § 300.29 Garments or products com posed of or containing miscellaneous cloth scraps, (a) For wool products which consist of, or are made from, mis cellaneous cloth scraps comprising man ufacturing by-products and containing various fibers of undetermined percent ages, the following form of disclosure as to fiber content of such wool products, where truthfully applicable and with ap propriate percentage figure inserted, may be used in the stamp, tag, label, or mark of identification of such product: (1) Where the product contains chiefly cotton as well as woolen fibers in the minimum percentage designated for re used wool:
Made of Miscellaneous Cloth Scraps Composed Chiefly of Cotton with M inim um o f _______ % Reused Wool (2) Where the product contains chiefly rayon as well as woolen fibers in the min imum percentage designated for reused wool:
Made of Miscellaneous Cloth Scraps Composed Chiefly of Rayon with M inim um o f _______% Reused Wool (3) Where the product is composed chiefly of a mixture of cotton and rayon as well as woolen fibers in the minimum percentage designated for reused wool: Made of Miscellaneous Cloth Scraps Composed Chiefly of Cotton and Rayon with Minim um o f _______ % Reused Wool (4) Where the product contains chiefly woolen fibers with the balance of unde termined mixtures of cotton, rayon or other non-woolen fibers:
Made of Miscellaneous Cloth Scraps Containing Cotton, Rayon and Other Non-woolen fibers, with M inim um o f _____ ;_% Reused Wool (b) Where the cotton or rayon content or the non-woolen fiber content men tioned in such forms of disclosure is not known to comprise as much as 50% of the fiber content of the product, the word “Chiefly” in the respective form of disclosure specified in this rule shall be omitted.
(c) The words “Contents are” may be used in the above-mentioned forms of marking in lieu of the words “Made of” where appropriate to the nature of the product.
(d) For purposes of this rule, undeter mined or unascertained amounts of wool or reprocessed wool which may be con tained in the product may be classified and designated as reused wool.* [Rule 29] § 300.30 Deceptive labeling in general. Products subject to the Act shall not bear, nor have used in connection there with, any stamp, tag, label, mark or rep resentation which is false, misleading or deceptive in any respect.* [Rule 30] Manufacturers’ records § 300.31 Maintenance of records.
In pursuance of the provisions of section 6 of the Act, every manufacturer of a wool product subject to the Act, irrespective of whether any guaranty has been given or received, shall maintain proper records showing the fiber content, as required by the Act, of all such wool products made by such manufacturer.
The records so maintained shall show:
(a) The percentage of wool, reproc essed wool, and reused wool, and of each kind of fiber other than wool, placed in the respective wool products of such manufacturer in the form of fiber, yarn, fabric, or other form; and (b) Such numbers, information, marks or means of identification as will identify the said records with the respective wool products to which they relate. Manufacturers shall also keep and maintain as records under the Act all invoices, purchase contracts, orders or duplicate copies thereof, bills of pur chase, business correspondence received, factory records, and other pertinent doc uments and data showing or tending to show ( 1) the purchase, receipt, or use by such manufacturer of all fiber, yarn, fabric or fibrous material, or any part thereof, introduced in or made a part of any such wool products of said manu facturer; (2) the content, composition or classification of such fiber, yarn, fabric or fibrous material with respect to the information required to appear upon the label of the wool products of such manu facturer; and (3) the name and address of the person or persons from whom such fiber, yarn, fabric or fibrous materials were purchased or obtained by such manufacturer.* [Rule 31] Guaranties § 300.32 Form of separate guaranty. The following is a suggested form of separate guaranty under section 9 of the Act which may be used, by a guarantor residing in the United States or place subject to its jurisdiction, on and as part of an invoice, bill of sale or other sales document in which the merchandise cov ered is listed and specified and shows the date of such document and date of ship ment of the merchandise:
We, the undersigned, manufacturers of the above-specified merchandise which is sub ject to the Wool Products Labeling Act of 1939, hereby guarantee that each such article therein is stamped, tagged, labeled or marked with the fiber content and other information as required by said Act, and that none of such articles or products is misbranded within the meaning of said Act. Jo h n D oe Co m p a n v, I n c ., New York, N. Y.
By president.
♦[Rule 32] § 300.33 Continuing g u a r a n t y . A continuing guaranty under section 9 s i the Act, when properly executed and fully conforming to the requirements of the Act and the rules and regulations thereunder, may be filed with the Fed eral Trade Commission. If a continuing guaranty is filed with the Commission, it shall be filed in triplicate, each fully executed, and shall be renewed annually thereafter and at such other times as any
Page 11
F E D E R A L R E G IS T E R , Tuesday, July 15, 1941 m i change is made in ownership or man agement of the guarantor.
Such guar anty shall be set forth on 8 V2" x 11" sheets of white bond paper of good qual ity and shall be printed, lithographed, or typed in clearly legible form, with margins of at least 1" width on all sides, and with all signatures thereon written in ink. In the event the principal place of business of the guarantor is removed to another address, such change of ad dress shall be reported promptly to the Commission by the guarantor. I f the guarantor is a corporation, the guaranty shall be executed in the name of the cor poration by an executive officer thereof thereunto duly authorized by the cor poration, and shall be attested by the Secretary and the corporate seal affixed thereto. If the business of the guarantor is owned and operated by an individual, it shall be signed and executed by such individual; if owned and operated as a partnership or as an unincorporated association of individuals, it shall be signed and executed on behalf of the partnership or association and the mem bers thereof by one or more of the part ners or, in the case of such association, by one or more of the individuals and members actively engaged in the busi ness. The guaranty shall be acknowl edged before a Notary Public in ac cordance with the prescribed form.1 The following are prescribed as forms of continuing guaranty:
(F orm A— F or U se b y Corpo ratio ns) CONTINUING GUARANTY UNDER THE WOOL PROD UCTS .LABELING ACT OF 1939 The undersigned,__________________________ _ a corporation residing in the United States, chartered and existing under the laws of the State o f ____________and engaged in the busi ness of manufacturing or selling wool products which are subject to the W ool Products Label ing Act of 1939, with principal office and place of business a t _________ __________________________ _ (Street and num ber) (City or county) (State or Territory) does hereby guarantee that every such wool product contained in each shipment or other delivery hereafter made by it pursuant to purchases made by customers will be, when so shipped and delivered, properly stamped, tagged, labeled or marked, showing the fiber content and other information required by said Act and the rules and regulations there under, and that no article or product in any such shipment or delivery will be misbranded within the meaning of the said Act. Dated, signed and executed t h is ____ day of ..........— , 19____ , a t ........................................ . . (City or county) (State or Territory) [ corporate _____ ;______________ __________ seal] (Name of corporation) (Executive officer authorized sign) (Title of executive officer) Attest:
Secretary 1 Blank forms of continuing guaranties as needed may be procured from the Commis sion upon request.
State o f _________ ____________________ 1 County o f _______ . . . ____________ j On th is ____ day o f __________ _ 19____ , before me personally appeared ___________________. . . __ (Nam e of executive officer signing) _________________________ _______ ___________of (Title of executive officer) (Name of corporation) to me personally known, and acknowledged the execution of the foregoing instrument on behalf of said corporation for the uses and purposes therein stated.
[NOTARIAL____________,______________________ _ se al] Notary public My commission expires__________________ - — . (F o r m B— F çr U se b y I n d iv id u a ls) CONTINUING GUARANTY UNDER THE WOOL PROD UCTS LABELING ACT OF 1939 The undersigned, __________________________ residing in the United States and doing business under the name o f __________________ _ with principal office and place of business at ----------------------------- -------------------------------------- (Street and Num ber) (City or County) (State or Territory) and engaged in the business of m anufactur ing or selling wool products which are subject to the W ool Products Labeling Act of 1939, DOES HEREBY GUA R A N TEE that every such wool product contained in each shipment or other delivery hereafter made by him pursu ant to purchases made by customers will be, when so shipped and delivered, properly stamped, tagged, labeled or marked showing the fiber content and other information re quired by said Act and the rules and regula tions thereunder, and that no article or prod uct in any such shipment or delivery will be misbranded within the meaning of said Act. Dated, signed and executed this _______ day o f ____________ _ 19— , a t ---------------------------- Ject to the W ool Products Labeling Act of 1939, D O HEREBY G UARANTEE that every such wool product contained in each ship ment or other delivery hereafter made by them pursuant to purchases made by cus tomers will be, when so shipped and delivered, properly stamped, tagged, labeled or marked showing the fiber content and other inform a tion required by said Act and the rules and regulations thereunder, and that no article or product in any such shipment or delivery will be misbranded within the meaning of said Act.
In witness whereof, the s a id ________________ (Nam e of person executing the guaranty) being thereunto duly authorized, has here unto subscribed his name and executed this instrument for and on behalf of s a id ________ (Partnership or association) and the members thereof t h is _______day of ____________ _ 19__, i n _____________________________ (City or county) (State or Territory) (Signature of subscribing m ember) (Nam e of partnership or association) State o f___________________ County of___________________ , ss. On this_________ day o f________________ 19__ before me personally appeared_________________ (Nam e of Subscribing M em ber) to me known to be the person described in and who executed the foregoing instrument, and acknowledged the execution of the same in the capacity and for the uses and pur poses therein stated.
Notary Public [NOTARIAL SEAL] M y commission expires_________ * [Rule 33] (City or county) (State or territory) (Signature of proprietor) / (Nam e under which business is conducted) State of ______________ County o f ________________ ss. On t h i s _______day of _______________ 19— , before me personally appeared the said ________ ________________ _ to me known to be the person described in an d who executed the foregoing instrument, and acknowledged the execution of the same for the uses and purposes therein stated.
[ n o t a r ia l se al] Notary public M y commission expires ___________________ (F orm C— F or B u sin e ss C onducted b y P art n e r s h ip or U nincorpo rated A s s o c ia t io n) CONTINUING GUARANTY UNDER THE WOOL PROD UCTS LABELING ACT OF 1939 This is to certify that the undersigned, (Nam e of subscribing member) together w ith-------------------------------------------------- (F ull names of all partners, or if association names of members owning — ----------------------------------- ,--------------- —------------------- —— ——— — —— ——t and operating business) all residing in the United States and doing business under the name and style o f -------- (insert trade name under which business is conducted) _____________ w ith principal office and place of business a t ____________________________________ (Street and num ber) (City or county) (State or Territory) and engaged in the business of m anufactur ing or selling wool products which are sub- § 300.34 Reference to existing guar anty on labels not permitted. No rep resentation or suggestion that a wool product is guaranteed under the Act by the Government, or any branch thereof, shall be made on or in the stamp, tag, label, or other mark of identification, applied or affixed to wool products. * [Rule 34] General § 300.35 Hearings under section 4 (d) of the Act. Hearing» under section 4 (d) of the Act will be held when deemed by the Commission to be in the public inter est.
Interested persons may file appli cations for such hearings. Such appli cations shall be filed in quadruplicate and shall contain a detailed technical description of the class or classes of arti cles or products regarding which appli cant requests a determination and an nouncement by the Commission concern ing express or implied representations of fiber content of articles or concerning insignificant or inconsequential textile content of products.* [Rule 35] § 300.36 Effective date. The rules and regulations in this part shall become ef fective on July 15, 1941.* By the Commission.
[ s e a l] O t is B. J o h n s o n , Secretary.
[F. R. Doc. 41-5006; Filed, July 14, 1941; 11:39 a. m .]