FTC Federal Register notice, July 8, 1952

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TITLE 8— ALIENS AND NATIONALITY Chapter I— Immigration and Natural­ ization Service, Department of Justice Subchepter D— Nationality Regulations P hotographs R equired W ith Applications J une 11, 1952.

The following amendments to Sub­ chapter D, Chapter I, Title 8 of the Code of Federal Regulations, are hereby pre­ scribed :

P art 322—G eneral Class of P ersons W ho M ay B e N aturalized The last sentence of paragraph (c) of § 322.2, Procedural requirements, t is amended by deleting the word “three” and inserting in lieu thereof the word “two”.

P art 324— S pecial Classes of P ersons W ho May B e Naturalized: Children The first sentence of § 324.4, Petitions for naturalization filed in behalf of chil­ dren; procedure, is amended by deleting the word “three” and inserting in lieu thereof the word “two”.

P art 347—S pecial Classes of P ersons W ho May B e N aturalized: P uerto R icans The last sentence of paragraph (a) of § 347.2, Procedure, is amended by delet­ ing the word “three” and inserting in lieu thereof the word “two”. P art 362—R egistry of Aliens U nder N ationality A ct of 1940 The last sentence of § 362.2, Applica­ tion for registry; form; fee, is amended by deleting the word “three” and insert­ ing in lieu thereof the word “two”. P art 364—P hotographs 1. Section 364.1 is amended to read as follows :

§ 364.1 Description of required photo­ graphs. Every applicant required under this subchapter to furnish photographs of himself, except as otherwise provided in § 317.2 (c) of this subchapter, shall furnish two identical photographs 2 by 2 inches in size, which shall be un­ mounted, printed on a thin paper, have a light background, clearly show a full front view of the features of the appli­ cant (with head bare, unless the appli­ cant is wearing a headdress as required by a religious order of which he is a member), with the distance from the top of the head to point of chin approxi­ mately lVi inches, and which shall have been taken within 30 days of the date they are furnished. The applicant, ex­ cept in the case of a child or other person physically incapable of signing his name, shall sign each copy of the photograph with his full true name in such manner as not to obscure the features. The sig­ nature shall be by mark if the applicant is unable to write. The photographs shall be signed when submitted with an application if the instructions accom­ panying the application so require. If the instructions do not so require, the photographs shall be submitted without being signed and shall be signed at such later time during the processing of the application as may be appropriate. Snapshot, group or full-length portraits will not be accepted.

2. The last sentence of § 364.2, Nat­ uralization and citizenship papers re­ quiring photographs ; manner of attach­ ment, is deleted.

P art 365—D eclaration of Intention Section 365.1, Preliminary form for declaration of intention; to whom sent, is amended by deleting the word “three” and inserting in lieu thereof the word “two”.

P art 370—P etition for Naturalization Section 370.1, Preliminary form; to whom sent, is amended by deleting the word “three” and inserting in lieu thereof the word “two”.

P art 378—Certificates of Naturaliza­ tion or R epatriation:

Veteran of F irst or S econd W orld W ar Allied F orces; P erson Voting in a F oreign P olitical E lection Paragraph (c), Submission; photo­ graphs; fee, of § 378.1, Application for certificate of naturalization or repatria­ tion; forms; procedure; fees, is amended by deleting the word “three” and insert­ ing in lieu thereof the word “two”. P art 379—Certificates of Citizenship U nder S ection 339 of the Nationality Act of 1940, as Amended The last sentence of § 379.2, Applica­ tion for certificate; form; fee, is amended by deleting the word “three” and insert­ ing in lieu thereof the word “two”.

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Tuesday, July 8, 1952 FEDERAL REGISTER Part 380—S pecial Certificate of Nat­ uralization for R ecognition by F or­ eign S tate The last sentence of § 380.1, Applica­ tion; who may make; form; fee, is amended by deleting the word “three” and inserting in lieu thereof the word “two”.

Part 382—N aturalization and Citizen­ ship P apers R eplaced; N ew Certifi­ cate in Changed Name The second sentence of § 382.3, Appli­ cation for new papers; forms; procedure; fees, is amended by deleting the word “three” and inserting in lieu thereof the word “two”.

P art 383—F ees and P rocedure T o Obtain Certifications of or Information F rom R ecords The second sentence of paragraph (a) of § 383.3, Certification of declaration of intention; application; form; procedure; action by field office; appeal, is amended by deleting the word “three” and insert­ ing in lieu thereof the word “two”. (Secs. 37, 327, 54 Stat. 675, 1150; 8 U. S. C. 458, 727) Argyle R. Mackey, Commissioner of Immigration and Naturalization. Approved; June 27, 1952. J ames P. M cGranery, Attorney General.

[F,. R. Doc. 52-7409; Filed, July. 7, 1952; 8:55 a. m.J TITLE 16— COMMERCIAL PRACTICES Chapter I— Federal Trade Commission Subchapter C— Regulations Under Specific Acts of Congress {File NO. 204-4] Part 301— R ules and R egulations U nder F ur P roducts Labelling Act On April 29,1952, a notice of proposed rule-making was issued by the Commis­ sion and published in the F ederal R eg­ ister on May 3,1952; Such notice stated that the Commission would on June 3, 1952, at 10:00 a. m., d. s. t., hold a public hearing on proposed rules and regula­ tions under the Fur Products Labeling Act. A draft of the proposed rules and regulations was made a part of the notice.

Pursuant to such notice public hear­ ing was held in due course, and interested persons were afforded the opportunity of participating in the rulemaking procedure by submitting orally or in writing on the date of the hearing, or in writing before such date, their views, arguments, or other pertinent data with respect thereto. Those wish­ ing to submit in writing further views, argument or data in response to that submitted on or before the date of hear­ ing, were afforded the opportunity of doing so within fifteen days after such hearing was closed. All data and in­ formation presented pursuant to the hearing has been made a part of the record.

After due consideration of the pro­ posed rules and regulations, and sug­ gested amendments and additions thereto, together with all views, argu­ ments and other data submitted in con­ nection with the public hearing thereon, the following rules and regulations un­ der the Fur Products Labeling Act are hereby promulgated and made effective as of August 9, 1952.

Sec.

301.1 Terms defined.

301.2 General requirements.

301.3 English language requirement. 301.4 Abbreviations or ditto marks prohib­ ited.

301.5 Use of Fur Products Name Guide. 301.6 Animals not listed in Fur Products Name Guide.

301.7 Describing furs by certain breed names prohibited.

301.8 Use of terms “Persian Lamb,” “Broad­ tail Lamb,” and “Persian-broadtail Lamb” permitted.

301.9 Use of terms “Mouton-processed Lamb” and "Shearling Lamb” per­ mitted.

301.10 Use of term “Broadtail-processed Lamb” permitted.

301.11 Fictitious or non-existing animal designations prohibited. 301.12 Country of origin of imported furs. 301.13 Fur products having furs with dif­ ferent countries of origin. 301.14 Country of origin of used furs. 301.15 Designation of section producing do­ mestic furs permitted.

301.16 Disclosure of origin of certain furs raised or taken in United States. 301.17 Misrepresentation of origin of furs. 301.18 Passing off domestic fur? as imported furs prohibited.

301.19 Pointing, dyeing and bleaching. 801.20 Fur products composed of pieces. 301.21 Disclosure of used furs. 301.22 Disclosure of damaged furs. 301.23 Second-hand fur products. 301.24 Repairing, restyling and remodeling fur products for consumer. 301.25 Name required to appear on labels and invoices.

301.26 Registered identification number. 301.27 Label and method of affixing. 301.28 Labels to be avoided. 801.29 Requirements in respect to disclosure on label.

301.30 Arrangement of required information on label.

301.31 Labeling of fur products consisting of two or more units.

301.32 Fur product containing material other than fur.

-301.33 Labeling of samples.

301.34 Label or invoice incomplete or inac­ curate.

301.35 Substitution of labels.

301.36 Sectional fur products.

301.37 Manner of invoicing furs and fur products.

301.38 Advertising of furs and fur products. 301.39 Exempted fur products. * 301.40 Item number or mark to be assigned to each fur product^ 301.41 Maintenance of records.

301.42 Deception as to nature of business. 301.43 Use of deceptive trade or corporate names, trade-marks or graphic representations prohibited. 801.44 Misrepresentation of prices. 301.45 Representations as to construction of fur products.

801.46 Reference to guaranty by govern­ ment prohibited.

801.47 Form of separate guaranty. 801.48 Continuing guaranties. 301.49 Deception in general.

Au thority: §§ 301.1 to 301.49 issued under sec. 8, 65 Stat. 179; 15 U. S. C. Sup. 69f. § 501.1 Terms defined, (a) As used In this part, unless the context otherwise specifically requires;

(1) The term “act” means the “Fur Products Labeling Act” (approved Aug. 8, 1951, Pub. Law 110, 82d Cong., 1st Sess.; 15 U. S. C. A. sec. 69; 65 Stat. 179).

(2) The terms “rule”, “rules”, “regu­ lations,” and “rules and regulations”, mean the rules and regulations pre­ scribed by the Commission pursuant to section 8 (b) of the act. (3) The definitions of terms con­ tained in section 2 of the act shall be applicable also to such terms when used in rules promulgated under the act. (4) The terms “Fur Products Name Guide” and “Name Guide” mean the register of names of hair, fleece and fur bearing animals issued by the Commis­ sion on February 8,1952, pursuant to the provisions of section 7 (a) of the act. (5) The terms “required information” and “information required” mean the information required to be disclosed on labels, invoices and in advertising under the act and rules and regulations, and such further information as may be per­ mitted by the regulations, when and if used.

(b) The term “wearing apparel” as used in the definition of “fur product” in section 2 (d) of the act means any article of clothing, or covering for any part of the body, which is ready for wear without further manufacture. § 301.2 General requirements, (a) Each and every fur product, except those exempted under § 301.39, shall be labeled and invoiced in conformity with the requirements of the act and rules and regulations.

(b) Each and every fur shall be invoiced in conformity with the re­ quirements of the act and rules and regulations.

(c) Any advertising of fur products or furs shall be in conformity with the re­ quirements of the act and rules and regulations.

§ 301.3 English language require­ ment. All information required under the act and rules and regulations to ap­ pear on labels, invoices, and in advertis­ ing, shall be set out in the English language. If labels, invoices or adver­ tising matter contain any of the required information in a language other than English, all of the required information shall appear also in the English lan­ guage. The provisions of this section shall not apply to advertisements in for­ eign language newspapers or periodicals, but such advertising shall in all other respects comply with the act and regu­ lations.

§ 301.4 Abbreviations or ditto marks prohibited. In disclosing required in­ formation in labeling and advertising, words or terms shall not be abbreviated or designated by the use of ditto marks but shall be spelled out fully, and in invoicing the required information shall not be abbreviated but shall be spelled out fully.

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RULES AND REGULATIONS § 301.5 Use of Fur Products Name Guide, (a) The Pur Products Name Guide (16 CFR 301.0) is set up ip four columns under the headings of Name, Order, Family and Genus-Species. The applicable animal name appearing in the column headed “Name’' shall be used in the required information in labeling, invoicing and advertising of fur products and furs. The scientific names appear­ ing under the columns headed Order, Family, and Genus-Species are fur­ nished for animal identification pur­ poses and shall not be used. (b) Where the name of the animal appearing in the Name Guide consists of two separate words the second word shall precede the first in designating the name of the animal in the required informa­ tion; as for example: “Fox, Black” shall be disclosed as “Black Fox.” § 301.6 Animals not listed in Fur Products Name Guide, (a) All furs are subject to the act and regulations re­ gardless of whether the name of the animal producing the fur appears in the Fur Products Name Guide. (b) Where fur is obtained from an animal not listed in the Fur Products Name Guide it shall be designated in the required information by the true English name of the animal or in the absence of a true English name, by the name which properly identifies such animal in the United States. § 301.7 Describing furs by certain breed names*prohibited. If the fur of an animal is described in any manner by its breed, species, strain or coloring, ir­ respective of former usage, such descrip­ tive matter shall not contain the name of another animal either in the adjective form or otherwise nor shall such descrip­ tion (subject to any exception contained in this part or animal names appearing in the Fur Products Name Guide) con­ tain a name in an adjective form or otherwise which connotes a false geo­ graphic origin of the animal. For ex­ ample, such designations as “Sable Mink,” Chinchilla Rabbit,” and “Aleu­ tian Mink” shall not be used. § 301.8 Use of terms “Persian Lamb,” “Broadtail Lamb,” and “Persian-broadtail Lamb” permitted, (a) The term “Persian Lamb” may be used to describe the skin of the young lamb of the Kara­ kul breed of sheep or top-cross breed of such sheep, having hair formed in knuckled curls.

(b) The term “Broadtail Lamb” may be used to describe the skin of the pre­ maturely born, stillborn, or very young lamb of the Karakul breed of sheep or top-cross breed of such sheep, having flat light-weight fur with a moire pat­ tern.

(c) The term “Persian-broadtail Lamb” may be used to describe the skin of the very young lamb of the Karakul breed of sheep or top-cross breed of such sheep, having hair formed in flattened knuckled curls with a moire pattern. (d) The terms “Persian Lamb”, “Broadtail Lamb”, or “Persian-broadtail Lamb” shall not be used to describe: (1) The so-called Krimmer, Bessarabian, Rumanian, Shiraz, Salzfelle, Metis, Dubar, Lleshed, Caracul, Iranian, Iraqi, Chinese, Mongolian, Chekiang, or Indian lamb skins, unless, such lamb skins con­ form with the requirements set out in paragraphs (a), (b), or (c), of this sec­ tion respectively; or (2) any other lamb skins having hair in a wavy or open curl pattern.

§ 301.9 Use of terms “Mouton-processed Lamb” and “Shearling Lamb” per­ mitted. (a) The term “Mouton-processed Lamb” may be used to describe the skin of a lamb which has been sheared, the hair straightened, chemically treated, and thermally set to produce a moisture repellent finish; as for example: Dyed Mouton-processed Lamb (b) The term “Shearling Lamb” may be used to describe the skirt of a lamb which has been sheared and combed. § 301.10 Use of term “Broadtail-proc­ essed Lamb” permitted.

The term “Broadtail-processed Lamb” may be used to describe the skin of a lamb which has been sheared, leaving a moire hair pat­ tern on the pelt having the appearance of the true fur pattern of “Broadtail Lamb”; as for example:

Dyed Broadtail-processed Lamb Pur origin: Argentina § 301.11 Fictitious or non-existing animal designations prohibited. No trade names, coined names, nor other names or words descriptive of a fur as being the fur of an animal which is in fact fictitious or non-existent shall be used in labeling, invoicing or advertising of a fur or fur product. § 301.12 Country of origin of im­ ported furs, (a) (1) In the case of furs imported into the United States from a foreign country, the country of origin of such furs shall be set forth as a part of the information required by the act in invoicing and advertising. (2) In the case of fur products im­ ported into the United States from a foreign country, or fur products made from furs imported into the United States from a foreign country, the coun­ try of origin of the furs contained in such products shall be set forth as a part of the information required by the act in labeling, invoicing and advertising. (b) The term “country” means the political entity known as a nation. Colonies, possessions or protectorates outside the boundaries of the mother country shall be considered separate countries and the name thereof shall be deemed acceptable in designating the “country of origin” unless the Commis­ sion shall otherwise direct. (c) The country in which the animal producing the fur was raised, or if in a feral state, was taken, shall be con­ sidered the “country of origin.” (d) When furs are taken within the territorial waters of a country, such country shall be considered the “country of origin.” Furs taken outside such territorial waters, or on the high seas, shall have as their country of origin the country having the nearest mainland. (e) (1) The English name of the coun­ try of origin shall be used and such name shall not be abbreviated. (2) The name of the country of ori­ gin, when used as a part of the required information in labeling shall not be used in the adjective form but shall be pre­ ceded by the term “fur origin”; as for example :

Dyed Muskrat Pur origin: Russia or Dyed China Mink Pur origin: China (f) Nothing in this section shall be construed as limiting in any way the information required to be disclosed on labels under the provisions of any Tariff Act of the United States or regulations prescribed by the Secretary of the Treasury.

§ 301.13 Fur products having furs with different countries of origin. When a fur product is composed of furs with different countries of origin the names of such countries shall be set forth in the required information in the order of predominance by surface areas of the furs in the fur product. § 301.14 Country of origin of used furs. When the country of origin of used furs is unknown, and no representa­ tions are made directly or by implication with respect thereto, this fact shall be set out as a part of the required infor­ mation in lieu of the country of origin as “Fur origin: Unknown.” § 301.15 Designation of section pro­ ducing domestic furs permitted. In the case of furs produced in the United States the name of the section or area producing the furs used in the fur prod­ uct may be set out in connection with the name of the animal; as for example: Dyed Fur Seal Pur origin: Alaska or Dyed Muskrat Pur origin : Minnesota § 301.16 Disclosure of origin of cer­ tain furs raised or taken in United States. If the name of any animal set out in the Fur Products Name Guide or term per­ mitted by the regulations to be used in connection therewith connotes foreign origin and such animal is raised or taken in the United States, furs obtained there­ from shall be described-in disclosing the required information as having the United States as the country of origin; as for example:

Dyed Persian Lamb Pur origin : United States or Mexican Raccoon Fur origin: United States § 301.17 Misrepresentation of origin of furs. No misleading nor deceptive statements as to the geographical or zoological origin of the animal produc­ ing a fur shall be used directly or indi­ rectly in labeling, invoicing or advertis­ ing furs or fur products. § 301.18 Passing off domestic furs as imported furs prohibited. No domestic furs nor fur products shall be labeled, invoiced or advertised in such a manner as to represent directly or by implication that they have been imported. § 301.19 'Pointing, dyeing and bleach­ ing. (a) Where a fur or fur product is pointed or contains or is composed of

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Tuesday, July 8, 1952 FEDERAL REGISTER bleached, dyed or otherwise artificially colored fur, such facts shall be disclosed as a part of the required information in labeling, invoicing and advertising. (b) The term “pointing” means the process of inserting separate hairs into furs or fur products for the purpose of adding guard hairs, either to repair dam­ aged areas or to simulate other furs. (c) The term “bleaching” means the process for producing a lighter shade of a fur, or removing off-color spots and stains by a bleaching agent. (d) The term “dyeing” (which in­ cludes the processes known in the trade of tipping the hair or fur, feathering, and beautifying) means the process of applying dyestuffs to the hair or fur, either by immersion in a dye bath or by application of the dye by brush, feather, spray, or otherwise, for the purpose of changing the color, of . the fur or hair, or to accentuate its natural color. When, dyestuff is applied only to the ends of the hair or fur, by feather or otherwise, it may be described as “tip-dyed.” The application of dyestuff to the leather or the skin (known in the trade as “tip­ ping”, as distinguished from tip-dyeing the hair or fur as described in this para­ graph) and which does not effect a change of, nor accentuate the natural color of the hair or fur, shall not be con­ sidered as “dyeing.”

(e) The term “blended” shall not be used as a part of the required informa­ tion to describe the pointing, bleaching, dyeing or tip-dyeing of furs. (f) Where a fur or fur product is not pointed, bleached, dyed, tip-dyed or otherwise artificially colored it may be described as “natural”, § 301.20 Fur products composed of pieces, (a) Where fur products, or fur mats and plates, are composed in whole or in substantial part of paws, tails, bel­ lies, sides, flanks; gills, ears, throats, heads, scrap pieces, or waste fur, such fact shall be disclosed as a part of the required information in labeling, in­ voicing and advertising. Where a fur product is made of the backs of skins such fact may be set out in labels, in­ voices and advertising.

(b) Where fur products, or fur mats and plates, are composed wholly or sub­ stantially of two or more pf the parts set out in paragraph (a) of this section or one or more of such parts and other fur, disclosure in respect thereto shall be made by naming such parts or other fur in order of predominance by surface area.

(c) The terms “substantial part” and “substantially” mean ten per centum (10 percent) or more in surface area. (d) The term "assembled” shall not be used in lieu of the terms set forth in paragraph (a) of this section to describe fur products or fur mats and plates com­ posed of such parts.

I 301.21 Disclosure of used furs, (a) When fur in any form has been worn or used by an ultimate consumer it shall be designated “used fur” as a part of the required information in invoicing and advertising.

(b) When fur products or fur mats and plates are composed in whole or in part of used fur, such fact shall be dis­ closed as a part of the required informa­ tion in labeling, invoicing and advertis­ ing; as for example:

Leopard Used Fur or Dyed Muskrat Contains Used Fur § 301.22 Disclosure of damaged furs. (a) The term “damaged fur,” as used in this part, means a fur, which, because of a known or patent defect resulting from natural causes or from processing, is of such a nature that its use in a fur prod­ uct would decrease the normal life and durability of such product. % (b) When damaged furs are used in a fur product, full disclosure of such fact shall be made as a part of the required information in labeling, invoicing, or ad­ vertising such product; as for example: Mink Fur origin: Canada Contains Damaged Fur § 301. 23 Second-hand fur products. When a fur product has been used or worn by an ultimate consumer and is subsequently marketed in its original, reconditioned, or rebuilt form with or without the addition of any furs or used furs, the requirements of the act and regulations in respect to labeling, in­ voicing and advertising of such product shall be applicable thereto, subject, how­ ever, to the provisions of § 301.14 as to country of origin requirement, and in addition, as a part of the required in­ formation such product shall be desig­ nated “Second-hand”, “Reconditioned- Second-hand”, or “Rebuilt-Secondhand”, as the case may be. § 301.24 Repairing, restyling and re­ modeling fu r. products for consumer. When fur products owned by and to be returned to the ultimate-consumer are repaired, restyled or remodeled and used fur or fur is added thereto, labeling of' the fur product shall not be required. However, the person adding such used fur cr fur to the fur product, or who is responsible therefor, shall give to the owner an invoice disclosing the informa­ tion required under the act and regula­ tions respecting the used fur or fur added to the fur product, subject, how­ ever, to the provisions of § 301.14 as to country of origin requirement. § 301.25 Name required to appear on labels and invoices. The name required by the act to be used on labels and in­ voices shall be the full name under which the person is doing business, and no trade-mark, trade name nor other name which does not constitute such full name shall be used in lieu thereof. § 301.26 Registered identification number, (a) Registered numbers for use as the required identification in lieu of the name on fur product labels as pro­ vided in section 4 (2) (E) of the act will be issued by the Commission to qualified persons residing in the United States upon receipt of an application duly exe­ cuted in the form set out in paragraph (d) of this section.

(b) (1) Registered identification num­ bers shall be used only by the person or concern to whom they are issued, and such numbers are not transferable or assignable.

(2) Any change in name, business address, or legal business status of a person to whom a registered identifica­ tion number has been assigned shall be reported promptly to the Federal Trade Commission.

(3) Registered identification numbers shall be subject to cancellation whenever any such number was procured or has been used improperly or contrary to the requirements of the act and regulations, or when otherwise deemed necessary in the public interest.

(c) Where a fur product is subject also to the Wool Products Labeling Act and the label affixed thereto sets forth all of the information required under each act, as provided in § 301.32, a regis­ tered identification number issued under the rules and regulations relating to the Wool Products Labeling Act may be used thereon as the required identification. (d) Form of application for registered identification number (printed forms are available upon request at the offices of the Commission) :

Application for R egistered I dentification Number U nder th e F ur P roducts Labeling Act To th e F ederal T rade Co m m ission, Washington 25, D. C.

The undersigned,________________________ (Full name of applicant) a ______ ______ ■___________________________ (Corporation, partnership or proprietorship) residing in the United States and having principal office and place of business at *----- ----“---- ----- ---- - -------- ( Street and number ) ( City ) —— ----- -----------------— , being engaged in (State or Territory) manufacturing for introduction into com­ merce of a fur product as defined in section 2 (d) of the Fur Products Labeling Act, or In introducing it into commerce, selling it in commerce, advertising or offering it for sale in commerce or transporting or distributing it in commerce, hereby makes application to the Federal Trade Commission for a regis­ tered identification number for use on its required labels.

The undersigned is engaged in the ________ (Manu- — ------------,---------------- of the following fur facturing, distributing, etc.) products__ ;_________ »___________ _ (List products) The following execution to be used only by individuals, partnerships and unincorporated associations :

Dated, signed and executed t h i s _____ _ day o f ____ . ______ 19___ _ a t ______________ (City) (State or Territory) (Name-under which business is conducted) (Signature of proprietor, or partner) (If firm is a partnership list partners below.) (Please type or print) State o f __________________ County of ...________ ______ ss: On th is _____ day o f _____ ________ 19___ , before me personally appeared the said (Name of proprietor or partner signing) to me known to be the person described in and who executed the foregoing instrument,

Page 16

RULES AND REGULATIONS and acknowledged the execution of the same in the capacity and for the uses and purposes therein stated.

[Impression of notarial seal required here] ---------— ----------- - - - - - - Notary public in and for County o f ---------- State o f ___________ _________ My commission expires--------------------------- '_he following execution to be used only by corporations:

In witness whereof the---------------- ----------- (Pull corporate name) the undersigned applicant herein, a corpo­ ration chartered and doing business under the laws of the State o f ---------------- - having principal office and place of business afore­ said, has this -------- day of ------------------ - 19___ ( caused this application to be exe­ cuted and its name and corporate seal to be hereto affixed.

(Full corporate name) By..................- .......................- — — (Signature and title of executive officer) State op_______ ______— , County of— —-------- —— > ss:

On th is_____ day of - — -------------- 19——, before me personally appeared (Name of executive officer) (Please type or print) to me personally known and acknowledged the execution of the foregoing instrument on behalf of said corporation for the uses and purposes therein stated.

[Impression of notarial seal required h e r e ]--------------- -—------- ------- Notary Public in and for County of------ State of ---------------------- - My commission expires ---------------------- — § 301.27 Label and method of affixing. At all times during the marketing of’ a fur. product the required label shall have a m inim um dimension of one and threefourths (1%) inches by two and three fourths (2%) inches. Such label shall be of a material of sufficient durability and shall be conspicuously affixed to the product in a secure manner and with sufficient permanency to remain thereon throughout the sale, resale, distribution and handling incident thereto, and shall remain on or be firmly affixed to the re­ spective product when sold and delivered to the purchaser and purchaser-con­ sumer thereof.

§ 301.28 Labels to be avoided. Labels which are insecurely or inconspicuously attached, or which in the course of of­ fering the fur product for sale, selling, transporting, marketing, or handling incident thereto, are likely to become detached, indistinct, obliterated, illegi­ ble, mutilated, inaccessible or incon­ spicuous shall not be used. § 301.29 Requirements in respect to disclosure on label, (a) The required in­ formation shall be set out on the label in a legible manner and in not smaller than pica or twelve (12) point type, and all parts of the required information shall be set out in letters of equal size and conspicuousness.

All of the re­ quired information with respect to the fur product shall be set out on one side of the label and no other information shall appear on such side except the lot or style number and size. The other side of the label may be used to set out any non-required information which is true and non-deceptive and which is not prohibited by the act and regulations, but in all cases the animal name used shall be that set out in the Name Guide. (b) The required information may be set out in hand printing provided it con­ forms to the requirements of paragraph (a) of this section, and is set out in in­ delible ink in a clear, distinct, legible and conspicuous manner. Handwriting shall not be used in setting out any of the required information on the label. § 301.30 Arrangement of required in­ formation on label, (a) The applicable parts of the information required with respect to the fur to appear on labels affixed to fur products shall be set out in the following sequence: (1 ) That the fur product contains or is composed of pointed, bleached, dyed, or tip-dyed fur when such is the fact; (2) The name or names (as set forth in the Pur Products Name Guide) of the animal or animals that produced the fur; (3) That the fur product is composed in whole or in substantial part of paws, tails, bellies, sides, flanks, gills, ears, throats, heads, scrap pieces, or waste fur, when such is the fact;

(4) The name of the country of origin of any imported furs used in the fur product;

(5) Any other information required or permitted by the act and regulations with respect to the fur.

(b) That part of the required informa­ tion with respect to thé name or regis­ tered identification number of the manu­ facturer or dealer may precede or follow the required information set out in para­ graph (a) of this section. § 301.31 Labeling of fur products consisting of two or more units, (a) The label shall be attached to and appear upon each garment or separate article of wearing apparel subject to the act irre­ spective of whether two or more gar­ ments or articles may be sold or mar­ keted together or in combination with 68iCli other . (b) In the case of fur products manu­ factured for use in pairs or groups, only one label will be required if all units in the pair or group are of the same fur and have the same country of origin, and are firmly attached to each other when marketed and delivered in the channels of trade and to the purchaser-consumer and the information set out on the label is clearly applicable to each unit in the pair or group and supplies the informa­ tion required under the act and rules and regulations.

§ 301.32 Fur product containing ma­ terial other than fur. (a) Where a fur product contains a material other than fur the content of which is required to be disclosed on labels under other statutes administered by the Commission, such information may be set out on the same side of the label and in immediate con­ junction with the information required under this act; as for example: 100% Wool Interlining—100% Reused Wool Trim—Dyed Muskrat Fur origin: Canada (b) Information which may be desir­ able or necessary to fully inform the pur­ chaser or other material content of a fur product may be set out on the same side of the label as used for disclosing the information required under the act and rules and regulations; as for example: Body—Cotton Lining—Nylon Pile Collar—Dyed Mouton-processed Lamb Fur origin : Argentina § 301.33 Labeling of samples. Where samples of furs or fur products subject to the act are used to promote or effect sales of fur products, said samples, as well as the fur products purchased there­ from, shall be labeled to show the infor­ mation required under the act and regu­ lations.

§ 301.34 Label or invoice incomplete or inaccurate, (a) If a person subject to section 3 of the act with respect to a fur product finds or has reasonable cause to believe the label affixed thereto is incorrect or does not contain all the in­ formation required by the act and the rules and regulations, he shall correct such label or replace same with a substi­ tute containing the required information. (b) If a person subject to section 3 of the act with respect to a fur or fur prod­ uct finds or has reasonable cause to be­ lieve that the invoice issued to him in relation to such fur or fur product is incorrect or does not contain all the in­ formation required by the act and regu­ lations, he shall, in connection with any invoice issued by him in relation to such fur or fur product correctly set forth all of the information required by the act and regulations in relation to such fur or fur product.

§ 301.35 Substitution of labels, (a) Persons authorized under the provisions of section 3 (e) of the act to substitute labels affixed to fur products may do so, provided the substitute label is complete and carries all the information required under the act and. rules and regulations in the same form and manner as re­ quired in respect to the original label. The substitute label need not, however, show. the name or registered number appearing on the original label if the name or registered number of the person who affixes the substitute appears thereon.

(b) The original label may be used as a substitute label provided the name or registered number of the person mak­ ing the substitution, together with the item number or mark assigned by such person to said fur product for record purposes is inserted thereon without in­ terfering with or obscuring in any man­ ner other required information. 'In connection with such substitution the name or registered number as well as any record numbers appearing on the original label may be removed. (c) Persons substituting labels under the provision of this section shall main­ tain the records required under § 301.41. § 301.36 Sectional fur products, (a) Where a fur product is'composed of two or more sections containing different aminal furs the required information with respect to each section shall be

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Tuesday, July 8, 1952 separately set forth in labeling, invoicing or advertising; as for example: Dyed Rabbit Pur origin: France Trimming: Dyed Mouton-processed Lamb pur origin: Argentina or Body: Dyed Kolinsky Pur origin: Russia Tail: Dyed Mink Fur origin: Canada (b) The provisions of this section shall not be interpreted so as to require the disclosure of very small amounts of dif­ ferent animal furs added to complete a fur product or skin such as the ears, snoot, or under part of the jaw. § 301.37 Manner of invoicing furs and, fur products, (a) In the invoicing of furs and fur products, all of the required information shall be set out in a clear, legible, distinct and conspicuous manner. The invoice shall be issued at the time of the sale or other transaction involving furs or fur products, but the required information need not be repeated in subsequent periodic statements of ac­ count respecting the same furs or fur products.

(b) Non-required information or rep­ resentations appearing in the invoicing of furs and fur products shall in no way be false or deceptive nor include any names, terms or representations prehibited by the act and regulations., Nor shall such information or representa­ tions be set forth or used in such manner as to interfère with the required infor­ mation.

§ 301.38 Advertising of furs and fur products, (a) (1) In advertising furs or fur products, all parts of the required Information shall be stated in close prox­ imity with each other and, if printed, In legible and conspicuous type of equal size.(2) Non-required information or rep­ resentations appearing in the advertis­ ing of furs and fur products shall in no way be false or deceptive nor include ' any names, terms or representations prohibited by the act and regulations. Nor shall such information or repre­ sentations be set forth or used in such manner as to interfere with the required information.

(b) (1) In general advertising of a group of fur products composed in whole or in part of imported furs having vari­ ous countries of origin, the disclosure of such countries of origin may, by ref­ erence, be made through the use of the following statement in the advertisement in a clear and conspicuous manner ; Fur products labeled to show country of origin of imported furs (2) The provisions of this paragraph shall not be applicable in the case of cat­ alogue, mail order, or other types of ad­ vertising which solicit the purchase of fur products in such a manner that the purchaser or prospective purchaser would not have the opportunity of view­ ing the product and attached label prior to delivery thereof.

(c) In advertising of an institutional type referring only to the general nature or kind of business conducted or to the general classification of the types or No. 132------3 FEDERAL REGISTER kinds of furs or fur products manufac­ tured or handled, and which advertising is not intended to aid, promote, or assist directly or indirectly in the sale or offering for sale of any specific fur products or furs, the required informa­ tion need not be set forth; Provided, however, That if reference is made in the advertisement to a color of the fur which was caused by dyeing, bleaching or other artificial coloring, such facts shall be disclosed in the advertising, and provided further, that when animal names are used in such advertising, such names shall be those set forth in the Fur Products Name Guide. For ex­ ample, the kind of advertising contem­ plated by this paragraph is as follows: X Fur Company Famous for its Black Dyed Persian Lamb Since 1900 or X Company Manufacturers of Fine Muskrat Coats, Capes and Stoles § 301.39 Exempted fur products, (a) Where the-cost of any manufactured fur or furs contained in a fur product, ex­ clusive of any costs incident to its in­ corporation therein, does not exceed five dollars ($5.00), or where a manufac­ turer’s selling price of a fur product does not exceed five dollars ($5.00), and no express or implied representation is made concerning the fur contained in such product and the provisions of para­ graphs (b) and (c) of this section are met, the fur product shall be exempt from the requirements of the act and regulations: Provided, however, That if the fur product is made of or contains any used fur, or if the fur product itself is or purports to be the whole skin of an animal with the head, ears, paws, and tail, such as a choker or scarf, the fur product is to be labeled, invoiced and advertised in accordance with the re­ quirements of the act and regulations regardless of cost of the fur used in the fur product, or manufacturer’s selling price.

(b) Where a fur product is exempt under this section from the requirements of the act and regulations, the manu­ facturer thereof shall maintain, in addi­ tion to the other records required under the act and regulations, adequate rec­ ords showing the cost of the fur used in such fur product, or copies of invoices showing the manufacturer’s selling price of the fur product, provided such price is used as the basis for exemption. Such records shall be preserved for . at least three years.

(c) Where a fur product is exempt under this section and the manufac­ turer’s selling price exceeds five dollars ($5.00) the manufacturer’s or whole­ saler’s invoice shall carry information indicating such fur product is exempt from the provisions of the act and regu- ' lations; as for example: “FPL Exempt”. § 301.40 Item number or mark to be assigned to each fur product, (a) For the purpose of identification, each fur product shall be assigned a separate item number or mark by the manufacturer thereof : Provided, however, That where all of the furs used in a group of fur products are obtained through the same purchase and from the same source and all of the required information with re­ spect to such furs is identical, then a single item number or mark may be as­ signed to identify all of the fur products in such group. Each number or mark so assigned shall appear on the required label and invoice pertaining to such prod­ uct and used for the identification there­ of in the records required by § 301.41. (b) Any subsequent dealer in fur prod­ ucts may assign to each fur product handled a different item number or mark to be used on the required label and in­ voice pertaining to such product, in lieu of that of the manufacturer or other supplier, and for the identification of such fur product in the records required by § 301.41.

§ 301.41 Maintenance of records.

(a) Pursuant to section 3 (e) and sec­ tion 8 (d) (1), of the act, each manufac­ turer or dealer in fur products or furs, irrespective of whether any guaranty has been given or received, shall main­ tain records showing all of the required information relative to such fur products or furs in such manner as will readily identify each fur or fur product manu­ factured or handled.

(b) The records to be maintained under this section shall include copies of all purchase orders, sales contracts, and invoices; business correspondence; manufacturing records, advertising mat­ ter, and all other data showing : (1) The purchase and receipt of all fur products and furs handled; (2) The respective item number or mark assigned to each fur product by the manufacturer or supplier thereof as required by § 301.40;

(3) The item number or mark which may be assigned to any particular fur product by a subsequent dealer in lieu of that assigned by the manufacturer or supplier thereof, as permitted by § 301.40; .

(4) That the fur product manufac­ tured or handled is “second hand”, when such is the fact;

(5) That the fur handled or the fur product manufactured or handled con­ tains or is composed of pointed, bleached, dyed, or tip-dyed fur, when such is the fact;

(6) The name or names (as set forth in the Fur Products Name Guide) of the animal or animals that produced the fur handled or the fur contained in each fur product manufactured or handled; (7) That the fur product or fur mats or plates manufactured or handled are composed in whole or in substantial part of paws, tails, bellies, sides, flanks, gills, ears, throats, heads, scrap pieces, or waste fur, when such is the fact: (8) That the fur handled is used or the fur product manufactured or han­ dled contains or is composed of used or damaged furs, when such is the fact; (9) The name or names of the coun­ tries of origin of all imported furs han­ dled or imported furs contained in each fur product manufactured or handled; (10) All of the required information including the required item number or mark appearing on any label affixed to a fur product which is removed for the purpose of substitution;

Page 18

RULES AND REGULATIONS (11) The sale of each fur handled and fur product manufactured or handled.

§ 301.42 Deception as to nature of business. When necessary to avoid de­ ception, the name of any person other than the manufacturer of the fur prod­ uct appearing on the label or invoice shall be accompanied by appropriate words showing that the fur product was not manufactured by such person; as for example:

Distributed b y _____ __________ or ________________Wholesalers § 301.43 Use of deceptive trade or corporate names, trade-marks or graphic representations prohibited. No person shall use in labeling, invoicing or adver­ tising any fur or fur product a trade name, corporate name, trade-mark or other trade designation or graphic rep­ resentation which misleads or deceives or has the capacity or tendency to mis­ lead or deceive purchasers, prospective purchasers or the consuming public as to:

(a) The character of the product in­ cluding method of construction; . (b) The name of the animal produc­ ing the fur;

(c) The method or manner of distri­ bution; or (d) The geographical or zoological origin of the fur.

§ 301.44 Misrepresentation of prices. (a) No person shall, with respect to a fur or fur product, advertise such fur or fur product at, alleged wholesale prices or at alleged manufacturers cost or less, unless such representations are true in fact; nor shall any person advertise a fur or fur product at prices purported to be reduced from what are in fact fictitious prices, nor at a purported re­ duction in price when such purported reduction is in fact fictitious. (b) No person shall, with respect to a fur or fur product, advertise such fur or fur product with comparative prices and percentage savings claims except on the basis of current market values or unless the time of such compared price is given. (c) No person shall, with respect to a fur or fur product, advertise such fur or fur product as being “made to sell for”, being “worth” or “valued at” a cer­ tain price, or by similar statements, un­ less such claim or representation is true in fact.

(d) No person shall, with respect to a fur or fur product, advertise such fur or fur product as being of a certain value or quality unless such claims or repre­ sentations are true in fact. (e) Persons making pricing claims or representations of the types described in paragraphs (a), (b), (c) and (d) of this section shall maintain full and ade­ quate records disclosing the facts upon which such claims or representations are based.

(f) No person shall, with respect to a fur or fur product, advertise such fur or fur product by the use of an illustration which shows such fur or fur product to be a higher priced product than the one so advertised.

(g) No person shall, with respect to a fur or fur product, advertise such fur or fur product as being “bankrupt stock”, “samples”, “show room models”, “Hollywood Models”, “Paris Models”, “French Models”, “Parisian Creations”, “Furs Worn by Society Women”, “Clear­ ance Stock”, “Auction Stock”, “Stock of a business in a state of liquidation”, or similar statements, unless such repre­ sentations or claims are true in fact. § 301.45 Representations as to con­ struction of fur products, (a) No mis­ leading nor deceptive statements as to the construction of fur products shall be used directly or indirectly in labeling, invoicing or advertising such products. (For example, a fur product made by the skin-on-skin method should not be rep­ resented as having been made by the letout method.) (b) Where a fur product is made by the method known in the trade as let­ ting-out, or is made of fur which has been sheared or plucked, such facts may be set out in labels, invoices and adver­ tising.

Continuing G uaranty Under T h e P ur P roducts Labeling Act The undersigned,_____________________ _ (Pull name of guarantor) a _____________________________;------------ - (Corporation, partnership, proprietorship) residing in the United States and having principal office and place of business a t --------------------------- - ----------------------- - ( Street and number ) ( City) ______ ;__________ _ and engaged in manu- (State or Territory) facturing or handling furs or fur products hereby guarantees that every such fur product contained in each shipment or other delivery hereafter made by it, will not be misbranded when so shipped and delivered, and that no fur or fur product in any such shipment or delivery will be falsely or de­ ceptively invoiced or advertised within the meaning of the Pur Products Labeling Act and the rules and regulations thereunder. The following execution to be used only by Individuals, partnerships and unincorpo­ rated associations:

Dated, signed and executed this ____ __ _ day o f____________ 19----- , at — -------------- (City) (State or Territory) § 301.46 Reference to guaranty by Government prohibited. No representa­ tion nor suggestion that a fur or fur product is guaranteed under the act by the Government, or any branch thereof, shall be made in the labeling, invoicing or advertising in connection therewith. § 301.47 Form of separate guaranty. The following is a suggested form of separate guaranty under section 10 of the act which may be, used by a guarantor residing in the United States, on and as part of an invoice in which the merchan­ dise covered is ,listed and specified and which shows the date of such document, the date of shipment of the merchàndisé and the signature and address of the guarantor;

We guarantee that the fur products or furs specified herein are not misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the PUr Products Labeling Act and rules and regulations there­ under.

§ 301.48 Continuing guaranties, (a) Under section 10 of the act any person residing in the United States and han­ dling furs or fur products may file a con­ tinuing guaranty with the Federal Trade Commission. When filed with the Com­ mission a continuing guaranty shall be fully executed in duplicate and execu­ tion of each copy shall be acknowledged before a notary public. Forms for use in preparing continuing guaranties will be supplied by the Commission upon request.

(b) Continuing guaranties filed with the Commission shall be renewable an­ nually and at such other times as any change occurs in legal business status of the person filing the continuing guar­ anty.

The guarantor shall promptly report any such change to the Commis­ sion and advise the Commission of any change in the address of its principal office and place of business. (c) The following is the prescribed form of continuing guaranty: (Name under which business is conducted) (Signature of Proprietor or Partner) (If firm is a partnership list partners below.) State op —______— _____ _ County of ...____________ _ ss: On th is___ __day of ______4____ -, 19--—, before me personally appeared the Baid (Name of proprietor or partner signing) to me known to be the person described In and who executed, the. foregoing instrument, and acknowledged the execution of the same for the uses and purposes therein stated. [Impression of Notarial seal required h e r e ] ____ s—— —- Notary Public in and for county lot State o f ______ ______________________ My commission expires ;______ '________ _ The following execution to be used only by corporations: f ^ Dated, signed and executed this _— day of __________ _ 19___ _ at._________ _ (City) (State or Territory) [Impression Of corporate seal required here] ______________________ (Pull corporate name) B y — ........... ........................ (Signature and title of executive officer) Attest :

(Secretary) State o p ____¿________ ___, County of_______________, ss: On t h is _____ day o f ___________ _ 19___ _ before me personally appeared __________ (Name of executive officer signing) (Title of executive officer) of (Name of corporation)

Page 19

Tuesday, July 8, 1952 to me personally known, and acknowledged the execution of the foregoing instrument on behalf of said corporation for the uses and purposes therein stated. [Impression of notarial seal required h e r e ]------------------------ ;----------- Notary public in and for county of State of------------------------------— ----------- — My commission expires ------------------- -—- § 301.49 Deception in general.

No ,furs nor fur products shall be labeled, invoiced or advertised in any manner which is false, misleading or deceptive in any respect.

Promulgated and made effective by the Federal Trade Commission on August 9, 1952.

Issued: June 27, 1952.

By direction of the Commission.' [seal] D. C. D aniel, Secretary.

[F. R. Doc. 52-7305; Filed, July 7, 1952: 8:45 a. m.]