Rules and Regulations under the Textile Fiber Products Identification Act-1, On February 5, 1959, a notice of proposed rule-making was issued…

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SUBCHAPTER C— REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS' PART 303— RULES AND REGULATIONS UNDER THE TEXTILE FIBER PROD­ UCTS IDENTIFICATION ACT-1 On February 5, 1959, a notice of pro­ posed rule-making was issued by the Commission and published *in the F ed­ eral R egister on February 10, 1959. * The Federal Trade Commission today an­ nounced its policy with regard to section 15 of the Textile Fiber Products Identification Act, which states in part that “The Commis­ sion shall provide for the exception of any textile fiber product acquired prior to the effective date of this Act.” The announce­ ment reads:

“The exception provided by section 15 of the Act shall apply to textile fiber products acquired prior to the effective date of the Act (March 3, 1960) where su9h products are marketed or handled on or after March 3, I960'in the same basic form ds that in which they were acquired, but .shall not apply to textile fiber products manufactured or processed on or after March 3, 1960, from other textile fiber products acquired prior to that date where such manufacturing or processing changes the basic form of the textile fiber product to the extent that it becomes a different type of product. For example, the exception would apply to yarns, fabrics or garments acquired prior to March 3, 1960, which are marketed or handled on or after that date as. yarns, fabrics, or garments, respectively, without any change in the form of such products, but such exception would not apply to fabrics manufactured on or after March 3, I960, from yarns or fibers acquired prior to that date, or to garments manufactured on or after March 3, 1960, from fabrics acquired prior to that date. Fabrics acquired in the greige before March 3, 1960, but processed or finished after that Such notice stated that the Commission would on March 10, 1959, at 10:00 a.m., e.s.t., hold a public hearing on proposed rules and regulations under the Textile Fiber Products Identification Act. Adraft of the proposed rules and regula­ tions was made a part of the notice, to­ gether with other specified matters for consideration on the question of whether additional rules should be promulgated. Pursuant to such notice public hearing was held on March 10, 1959 and con­ tinued through March 12, 1959, and in­ terested 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 prior to the close of busi­ ness on March 17, 1959, 'their views, arguments, or other pertinent data with respect thereto.

Those wishing to sub­ mit in writing further views, argument or data in response to that submitted on or before the date of hearing, were afforded the opportunity of doing so within ten days after such hearing was closed. All views, arguments, and data presented pursuant to the hearing have been made a ;part of the record.

After due consideration of the pro­ posed rules and regulations, suggested amendments, revisions, deletions, and additions thereto, together with all views, arguments, and other data submitted, the following rules and regulations under the Textile Fibdr Products Identification Act are . hereby promulgated and made effective as of March 3, 1960. Sec.

303.1 Terms defined.

303.2 General requirements.

303.3 Fibers present in amounts'Of 5 per­ cent or less.

303.4 English language requirement. 303.5 Abbreviations, ditto marks, and as­ terisks prohibited.

303.6 Generic names of fibers to be used. 303.7 Generic names and definitions for manufactured fibers.

303.8 Procedure for establishing generic names for manufactured fibers. 303.9 Use of fur-bearing animal names and .

symbols prohibited.* 303.10 Fiber content of elastic yarn or mate­ rial.

303.11 Floor coverings containing backings, fillings, and paddings.

303.12 Trimmings of household textile ar­ ticles.

303.13 Sale of remnants and products made of remnants.

303.14 Products containing unknown fibers. 303.15 Label and method of affixing. 303.16 Arrangement and disclosure of in­ formation on labels.

303.17 Use of fiber trademarks and generic names oh labels.

303.18 Labels naming fibers not present. 303.19 Name or other identification required to appear on labels.

303.20 Registered identification numbers. 303.21 Marking of samples, swatches, or specimens and products sold there­ from.

date would, not lose their right to exception as a result of such processing or fin ish in g operation.

“On or after March 3, 1960, any person who desires to claim the exception provided by section 15 of the Act must be able to estab­ lish by records or other competent means that the products as to which he claims the exception were acquired in the same basic form prior to March 3, 1960, and that'he is entitled to the exception claimed.” Sec.

303.22 Products containing linings, Interlinings, fillings, and paddings. 303.23 Textile fiber products containing su­ perimposed or added fibers. 303.24 Pile fabrics and products composed thereof.

303.25 Sectional disclosure of content. 303.26 Ornamentation.

303.27 Use of the term “A ll” or “100 per­ cent.”

303.28 Products contained in packages. 303.29 Labeling of pairs or products con­ taining two or more units. 303.30 Textile fiber products in form for consumer.

303.31 Invoice in lieu of label. " 303.32 Products containing reused stuffing. 303.33 Country where imported textile fiber products are processed or manu­ factured.

303.34 Change in form of imported textile fiber products. ’ 303.35 Use of terms “virgin” or "new.” 303.36 Form of separate guaranty. 303.37 Form of continuing' -guaranty from seller to buyer.

303.38 Continuing guaranty filed with Féd­ éral Trade Commission.

303.39 Maintenance of records.

303.40 Use of terms in written advertise­ ments which- imply presence of a fiber.

303.41 Use of fiber trademarks and generic names in advertising.

303.42 Arrangement of information in ad­ vertising textile fiber products. 303.43 Fiber content tolerances. 303.44 Products not intended for uses sub? ject to the act.

303.45 Exclusions from the act. Authority: §§ 303.1 to 303.45 issued under sec. 7, 72 Stat. 1717; 15 U.S.C. 70e. § 303.1 Terms defined.

As used in this part, unless the context otherwise specifically requires: (a) The term “Act” means the “Tex­ tile Fiber Products Identification Act” (approved September 2, 1958, 85th Con­ gress, 2d Sess.; 15 U.S.C. 70, 72 Stat. 1717).

(bl The terms “fuie,” “rules,” “regu­ lations,” and “rules and regulations” mean the rules and regulations pre­ scribed by the Commission pursuant to section 7(c) 01 the Act. - (c) The definition of terms contained in section 2 of the Act shall be applicable also to such Jterms when used in rules promulgated under the Act. (d) The term “United States” means the several States, the District of Colum­ bia, and the Territories and possessions of the United States.

’ n (e) The terms “required information and “information required” mean such information as is required to be dis­ closed on labels or invoices and in ad­ vertising under the Act and regulations. (f) The terms “label,” “labels,” “la­ beled,” and “labeling” mean the stamp, tag, label, or other means of identifica­ tion, of authorized substitute therefor, required to be on or affixed to textile fiber products by the Act and regulations and on which the information required is to appear.

(g) The terms “marketing or han­ dling” and “marketed or handled,” whe applied to textile fiber products, mean any one or all of the transactions se forth in section 3 of the Act. (h) The terms “invoice” and “invoice or other paper” mean a written acco

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FEDERAL REGISTER 4481 .

Tuesday, Ju n e 2, 1959 # order, memorandum, listi, or c^t&lo^uc, which is issued to a purchaser, consignee, bailee, correspondent, agent, or any other person, in connection with the marketing or handling of any textile fiber product transported or delivered to such person.

' .

(i> The term “outer coverings of fur­ niture, mattresses, and box springs” means those coverings as are. perma­ nently incorporated in such articles. (j) The term "wearing apparel”

means any costume or article of clothing or covering for any part of t£e body, worn or intended to be worn by individuals.

(k) The term “beddings”

means sheets, covers, blankets, comforters, pil­ lows, pillowcases, quilts, bedspreads, pads, and all other textile fiber products used or intended to be used on or about a bed or other place for reclining or sleep­ ing but shall not include furniture, mat­ tresses or box springs.

(l) The term “headwear” means any textile fiber product worn exclusively on or about the head or face by individuals. (m) The term “backings,” when ap­ plied to floor coverings, means that part of a floor covering to which the pilk face, or outer surface is woven, tufted, hobked, knitted, or otherwise attached, and which provides the structural base of the floor covering. The term “backing” shall also include fabrics attached to the structural base of the floor covering in such a way as to form a part of such structural base,, but shall not include the pile, face, or outer surface of the floor covering or any part thereof.

v (n) The t e r m “elastic material”

means a fabric composed of yam con­ sisting of an elastomer or a covered elastomer.

(o) The term “coated fabric” means any fabric which is coated, filled, im­ pregnated, or laminated with a con­ tinuous-film-forming polymeric com­ position h\ such a manner that the weight added to the base fabric is at least 35 percent of the weight of the fabric before coating, filling, impregna­ tion, or lamination.

(p) The term “upholstered product’ means articles of furniture containing stuffing and shall include mattresses and »ox springs.

^ T h e term “ornamentatiorV’ means ny fibers or yarns imparting -a visiblj mscernible pattern or design to a yarr or fabric.

(r) The t e r m “fiber trademark’ means a word or words used by a person «¡ni,?k 1 a Particular fiber produced or fi w

and to distinguish it iron nr l e same generic-class produced J r by others. Such term shall rrel tjade márk, product mark which ^rade name or other name fiber d°eS n°^ ^entity a partícula] from th^Aterm “W001” means -the fi hair nf 6^ eec*e of the sheeP or lamb (and maîhe Angora or Cashmere g fibers from* thUi!ethe so"calIed speck Hama bair the camel, alps been red ^ cuna) which has ne wool product^ fr0m any W° Ven ° r f61 toeans'ttho term “reprocessed wc ans uniting fiber when wool : been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state.

(u) The term “reused wool” means the resulting fiber when wool or re­ processed wool has been spun, woven, knitted or felted into a wool product which, after having been used in any way by the ultimate consumer, subse­ quently has been made into a fibrous state.

§ 303.2 General requirements.

(a) Each textile fiber product, except those exempted or excluded under sec­ tion 12 of the Act, shall be labeled or invoiced in conformity with the require­ ments of the Act and regulations. (b) Any advertising o f, textile fiber products subject to the Act shall be in conformity with the requirements of the Act and regulations.

(c) The requirements of the Act and regulations shall not be applicable to products required to be labeled under the Wool Products Labeling Act of 1939 (Public Law 76-850, 15 U.S.C. 68, 54 Stat. 1128).

(d) Any person marketing or han­ dling textile fiber products who shall cause or direct a processor or finisher to label, invoice, t>r otherwise-identify any textile fiber product with required information shall be responsible under the Act and regulations for any failure of compliance with the Act and regula­ tions by reason of any statement or omission in such label, invoice, or other means of identification utilized in ac­ cordance with his direction: Provided, That nothing herein shall relieve the processor or finisher of any duty or liability to which he may be subject under the Act and regulations. § 303.3 Fibers present in amounts of 5 percent or less.

(a) In disclosing the constituent fibers in required information, no fiber present in the amount of five percentum or less of the total fiber weight shall be desig­ nated by its generic nam? or fiber trade­ mark, but shall be designated as “other fiber”.

\ (b) Where more than one of such fibers are present in a product, they shall be designated in the aggregate as “other fibers”.

§ 303.4 English language requirement. All required information shall be set out in the English language. If the re­ quired information appears in a language other than English, it also shall appear in the English language. The provisions of this section shall not apply to adver­ tisements in foreign language news­ papers or periodicals, but such adver­ tising shall in all other respects com­ ply with the Act and, regulations. § 303.5 Abbreviations, ditto marks, and asterisks prohibited.

(a) In disclosing required information, words or terms shall not be designated by ditto marks or appear in footnotes referred-to by asterisks or other symbols in required information, and shall not be abbreviated except as permitted in § 303.33(d).

(b ) Where the generic name of a tex­ tile fiber is required to appear in im­ mediate conjunction with a fiber trade­ mark in advertising, labeling, or invoic­ ing, a disclosure of the generic name by means of a footnote, to which reference is made by use of an asterisk or other symbol placed next to the fiber trade­ mark, shall not be sufficient in itself to constitute compliance with the Act and regulations.

§ 303.6 Generic names o f fibers to be used.

(a) Except where another name is permitted under the Act and regulations, the respective generic names of all fibers present in thé amount of more than five percentum of the total fiber weight of the textile fiber product shall be used when naming fibers in the required in­ formation; as for example: “cotton,” “rayon,” “silk,” “linen,” “nylon,” etc. (b) Where a textile fiber product con­ tains the hair or fiber of a fur-bearing animal present in the amount of more than five percent of the total fiber weight of the product, the name of the animal producing such fiber may be used in setting forth the required information, provided the name of such animal is used in conjunction with the words “fiber,” “hair,” or “blend;” as for example: 80% Rabbit Hair 20% Nylon or 80% Silk 2Q% Mink Fiber (c) The term “fur fiber” may be used to describe the hair or fur fiber or mix­ tures thereof of any animal or animals other than the sheep, lamb, Angora goat, Cashmere goat, camel, alpaca, llama or^ vicuna where such hair or fur fiber or mixture is present in the amount of more than five percent of the total fiber weight of the textile fiber product and no direct or indirect representations are made as to the animal or animals from which the fiber so designated was obtained; as for example:

60% Cotton 40% Fur Fitjer or 50% Nylon • 30% Mink Hair ' ' ’ A 20% Fur Fiber (d) Where textile fiber products sub­ ject to the Act contain (1) wool; (2) re­ processed wool, or (3) reused wool in amounts of more than five percent of the total fiber weight, such fibers shall be designated and disclosed -as wool, re­ processed wool, or reused wool as the case may be.

§ 303.7 Generic names and definitions for manufactured fibers. Pursuant to the provisions of section 7(c) of the Act, the following generic names for manufactured fibers, together with their respective definitions, are hereby established:

(a) Acrylic. A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed

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•4482 RULES AND REGULATIONS of at least 85 percent by weight of acrylonitrile units (-CH 2-C H -). CN (b) Modacrylic.

A manufactured fiber in which the fiber-forming sub­ stance is any long chain synthetic poly­ mer composed of less than gB percent but at least 35 percent by weight of acrylonitrile units (-CH2-C H -). CN (c) Polyester.

A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer com­ posed of at least 85 percent by weight of an ester of a dihydric alcohol and terephthalic acid (p-HOOC-CJL- COOH).

V (d) Rayon.

A manufactured fiber composed of regenerated cellulose, as well as manufactured fibers composed of regenerated cellulose in which sub­ stituents have replaced not more than 15 percent of the hydrogens of the hydroxyl groups.

(e) Acetate.

A manufactured fiber in which the fiber-forming substance is cellulose acetate.

Where not less than 92 percent of the hydroxyl groups are acetylated, the term triacetate may be used as a generic description of the fiber. (f) Saran.

A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 80 percent by .weight of vinylidene chloride units (-CH2-CCI2-). (g) Azlon.

A manufactured fiber in which the fiber-forming substance is composed of any regenerated naturally occuring proteins.

(h) Nytril.

A manufactured fiber containing at least 85 percent of a long chain polymer of vinylidene dinitrile (-C H 2-C (C N )2-) where the vinylidene dinitrile content is no less than every other unit in the polymer 'Chain. (i) Nylon.

A manufactured fiber in which the fiber-forming substance is any long chain synthetic polyamide having recurring amide groups (-C -N H -) as II o an integral part of the polymer chain. (j) Rubber.

A manufactured fiber in which the fiber-forming substance is comprised of natural or synthetic rubber. (k) Spandex.

A manufactured fiber in which the fiber-forming substance is a long chain synthetic polymer com­ prised of at least 85 percent of a seg-. mented polyurethane.

(l) Vinyl.

A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 50 percent by weight of vinyl alcohol units (-CH 2?CHOH-), and in which the total of the vinyl alcohol units and any one or more of' the various acetal units is at least 85 percent by weight of the fiber.

(m ) Olefin.

A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 85 percent by weight of ethylene, propylene, or other olefin Units. (n) Vinyon.

A manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least 85 percent by weight of vinyl chloride units (-CH 2-C H C I-). (0) Metallic. A manufactured fiber composed of metal, plastic-coated metal, metal-coated plastic, or a core com­ pletely covered by metal. (p) Glass.

A manufactured fiber in which the fiber-forming substance is glass.

§ 303.8 Procedure for establishing ge­ neric names for manufactured fibers. (a) Prior to the marketing or hafidling of a manufactured fiber for which no generic name has been established by the Commission, the manufacturer or producer thereof shall file a written ap­ plication with the Commission, request­ ing the establishment of a generic name for such fibers, stating therein: (1) The reasons why the applicant’s fiber should not be identified by one of the generic names established by the Commission in § 303.7;

(2) The chemical composition of the fiber, including the fiber-forming sub­ stances and respective percentages thereof, together with samples of the fiber;

(3) Suggested names for considera­ tion as generic, together with a proposed definition for the'fiber; (4) Any other information deemed by the applicant to be pertinent to the ap­ plication, including technical data in the form of test methods;

(5) The earliest date on which the ap­ plication proposes to market or handle the fiber in commerce for other than de­ velopmental or testing purposes.. : (b) Upon receipt of the application, the Commission will, within sixty (60) days, either deny the application or as­ sign to the fiber a numerical or alpha­ betical symbol for temporary use during further consideration of such applica­ tion.

\ (c> After taking the necessary proce­ dure in consideration of the application, the Commission in due course shall es­ tablish a generic name or advise the ap­ plicant of its refusal to grant the ap­ plication and designate the proper existing generic name for the fiber. § 303.9 Use o f fur-bearing animal names and symbols prohibited. (a) The advertising or the labeling of a textile fiber product shall not contain any names, words, depictions, descrip­ tive matter, or other symbols which con­ note or signify a fur-bearing animal, unless such product or the part thereof in connection with which the names, words, depictions, descriptive matter, or other symbols are used is a fur product within the meaning of the Pur Products Labeling Act.

•; (b) Subject to the provisions of para­ graph (aK of this section and § 303.6, a textile fiber product shall not be de­ scribed or referred to in any manner in an advertisement or label with: (1) The name or part of the name of a fur-bearing animal, whether as a single word or a combination word, or any coined word which is phonetically simi­ lar to a fur-bearing animal name, or which is only a slight variation in spell­ ing of a fur-bearing animal name or part of the name. As for example, such terms as “Ermine,” “Mink,” “Persian,” “Broadtail,” “Beayerton,” “Marmink,” “Sablelon,” “Lam,” “Pershian,” “Minx,” or similar terms shall not be used. (2) Any word or name symbolic of a fur-bearing animal by reason of con­ ventional usage or by reason of its close relationship with fur-bearing anin^fo As for example, such terms as “guardhair,” “underfur,” and “mutation,” or similar terms, shall not be used. (c) Nothings contained herein shall prevent the nondeceptive use of animal names or symbols in referring to a tex­ tile fiber product where the fur of such animal is not commonly or commercially used in fur products, as that term is de­ fined in the Pur Products Labeling Act; as for example: “kitten soft,” “Bear Brand,'” etc.

§ 303.10 Fiber content o f elastic yarn or material.

(a ) . Where a textile fiber product is made wholly of elastic yam or material, with minor parts, of rigid material for structural purposes, it shall be identified as to the percentage of the elastomer, together with the percentage of all tex­ tile coverings of the elastomer and all other yarns or materials used therein. (b) Where a textile fiber product is made in part of elastic material and in part of other fabric, the fiber content of such fabric shall be set forth sectionally by percentages as in the case of other fabrics.

In such cases the elastic mate­ rial may be disclosed by describing the material as elastic followed by a listing in order of predominance by weight of the fibers used in such elastic, including the elastomer, where such fibers are present by five percentum or more. An example of labeling under thiis para­ graph is:

F r o n t a n d b a c k r ig id s e ctio n s: 50% A c e ta te , 50% C o tto n .

E la s tic : R a y o n , c o tto n , n y lo n , rubber. § 303.11 Floor coverings containing backings, fillings, and paddings. In disclosing the required fiber content information as to floor coverings con­ taining exempted backings, fillings, or paddings, the disclosure shall be made in such manner as to indicate that it relates only to the face, pile, or outer surface of the floor covering and not to the backing, filling, or. padding.

Examples of the form of marking these types of floor coverings as to fiber content are as follows:

100% C o tto n P ile Face*— 60% R a y o n , 40% C o tto n O u te r S u rfa c e — 100% W ool § 303.12 Trimmings of h o u s e h o l d tex­ tile articles.

(a) Trimmings incorporated in arti­ cles of wearing apparel and other house hold textile articles may, among ot forms of trim, include (1) ^iek-ra . tape, belting, binding, braid, laoe* (eitherrequired or non-required), 001 lars, cuffs, wrist bands, leg hands, bands, gussets, gores, welts, and fin » including superimposed garters siery, and elastic materials and " inserted in or added to the basic.P or garment in minor proport holding, reinforcing or similar str

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FEDERAL REGISTER Tuesday, June 2, 1959 purposes; (2) decorative trim, whether applied by embroidery, overlay, applique, or attachment; and (3) decorative pat­ terns or designs which are an integral part of the fabric out of which the house­ hold textile article is made: Provided, That such decorative trim or decorative pattern or design, as specified in subpar­ agraphs (2) and (3) of this paragraph, does not exceed 15 percent of the surface area of the household textile article. If no representation is made as to the fiber content of the decorative trim or decoration, as provided for in subpar­ agraphs (2) and (3) of this paragraph, the fiber content designation of the basic fabric shall be followed by the statement “exclusive of decoration.” (b) The term “findings” may also in­ clude elastic material which constitutes a part of the basic fabric or material out of which the household textile article is made, where such elastic material does not exceed 20 percent of the surface area of the household textile article: Pro­ vided, That the required information as to fiber content of products subject to this subsection is followed by the state­ ment “exclusive of elastic.” § 303.13 Sale o f remnants and products made of remnants.

(a) In disclosing the required fibfer content information as to remnants of fabric which are for practical purposes of unknown or undeterminable fiber content:

.

(1) The fiber content disclosure of such remnants of fabrics may be desig­ nated in the required information as “remnants of undetermined fiber con­ tent.”

> (2) Where such remnants of fabrics are displayed for sale at retail, a con­ spicuous sign may, in lieu of individual labeling, be used in immediate Conjunc­ tion with such display, stating with re­ spect to required fiber content disclosure that the goods are “remnants of un­ determined fiber content.” (3) Where textile fiber products are made of such remnants, the required' fiber content information o f the prod­ ucts may be disclosed as “made of rem­ nants of undetermined fiber content.” ? representations as. to fiber con­ tent are made with respect to such rem*> nants, the provisions of this paragraph shall not apply.

*52 remnants of fabrics are marketed or handled in bales, bundles, ges and are all of the same fiber nprm «' ,are designated in the manner; tinn fv.ed -by, Paragraph (a) of this secbp k,Ktiie^1^dividual remnants need not a „ p „a b e l e d , l f the bales, bundles, or packlabpiPrt011^ ^ “ 15 such remnants are ¡ 2 * the re<*uired information th£ r w c°ntent percentages or graDh Permitted by parasame fiw 6re r.emnants of fabrics of the aUetai o content are displayed for sale of indivi«f, T i * « sign may. in lieu i f i S T S S la^ liner* be‘ ^ e d in hnstating%he S r °n W+lth+ SUch display> with resnppt ^ber c°ntent information example^ «rJS SU(? remnants; as for • remnants, loo percent cotton,” “remnants, 50 percent rayon, 50 percent acetate,” etc.

§ 303.14 Products containing unknown fibers.

(a) Where a textile fiber product is made from miscellaneous scraps, rags, odd lots, textile by-products, or waste materials of unknown, and for practical purposes, undeterminable fiber content, the required fiber content disclosure may, when truthfully applicable, /indi­ cate that such product is composed of miscellaneous scraps, rags, odd lots, tex­ tile by-products, or waste materials, as the case may be, of unknown or undeter­ mined fiber content; as for example: M a d e o f m is c e lla n e o u s scra p s o f u n d e te rm in e d fib e r c o n te n t M a d e o f m is c e lla n e o u s ra g s o f u n d e te rm in e d fib e r c o n te n t _ M a d e o f m is c e lla n e o u s o d d lo ts o f u n d e te rm in e d fib e r c o n te n t M a d e o f m is c e lla n e o u s te x tile b y -p ro d u c ts o f u n d e te rm in e d fib e r c o n te n t M a d e o f m is c e lla n e o u s w a ste m a te ria ls o f u n d e te rm in e d fib e r c o n te n t No representation as to fiber content shall be made as to .any textile -fiber product designated as being composed of undetermined fibers.

If any repre­ sentation as to fiber content is made with reference to such products, a full fiber content disclosure shall be required. (b) Nothing contained in this section shall excuse a full disclosure as to fiber content if the same is known or prac­ tically ascertainable.

§ 303.15 Label and method o f affixing. The label required to be on or affixed to the textile fiber product shall be such as is appropriate to the nature and type of product. Such label shall be conspicu­ ously affixed to the product or, where permitted, its package or container in a secure manner and shall be of such dura­ bility as to remain on and attached thereto throughout the sale, resale, dis­ tribution and handling of the product, and, except where otherwise provided, shall remain on or be firmly affixed to the product or, where permitted, its package or container when sold and de­ livered to the ultimate consumer. § 303.16 Arrangement and disclosure of information on labels.

/ (a) The information with respect to textile fiber products required to be shown and displayed upon the label shall be that which is required by the Act and regulations, including the following: 4 IX The generic names and percent­ ages by weight of the constituent fibers present in the textile fiber product, ex­ clusive of permissive ornamentation, in amounts of more than'five percentum in order of predominance by weight with any percentage of fiber or fibers required to be designated as “other fiber” or “other fibers” appearing last.

(2) The name, provided for in § 303.19, or registered identification number is­ sued by the Commission, of the manu­ facturer or of one or more persons mar­ keting or handling the textile fiber product.

(3) If such textile fiber product is an imported product, the name of the country where such product was proc­ essed or manufactured.

(b) All parts of the required infor­ mation shall be conspicuously and sepa­ rately set out on the same side of the label in such a manner as to be clearly legible and readily accessible to the pro­ spective purchaser, and all parts of the fiber content information shall appear in type or lettering of equal size and con­ spicuousness : Provided, however, That the required name or registered identifi­ cation number may appear on the re­ verse side of the label if it is conspicuous and accessible: And provided further, That the required name may be con­ spicuously set out on a separate label which is prominently and conspicuously displayed in close proximity to the label containing the other required informa­ tion.

Where only one end of a cloth label is sewn to the product in such a manner that both sides of the label are réadily accessible to the prospective pur­ chaser, the required fiber content inf or-' mation may appear on the reverse side. of the label if the front side of such label clearly and conspicuously shows the wording “Fiber Content on Reverse Side.”

On products as to which sec­ tional disclosure is used, an additional non-deceptive label may be used showing the complete fiber content information as to a particular section or area of the product.

(c) Subject to the provisions of § 303.17, if non-required information or representations are placed on the label or elsewhere on the product, such nonrequired information or representation shall be set forth separate and apart from the required information and shall not interfere with, minimize, detract from, or conflict with such required in­ formation, nor shall such non-required information in any way be false or decep­ tive as to fiber content. (d) Non-deceptive terms which are properly and truthfully descriptive of a fiber may be used in conjunction with the generic name of such fiber; as for example:

“ 100 percent cross-linked rayon,” “1Q0 percent solution dyed ace­ tate,” “ 100 percent combed cotton,” “ 100 percent nylon 66,” etc.

§ 303.17 Use of fiber trademarks and generic names on labels.

(a) A non-deceptive fiber trademark may be used on a label in conjunction with the generic name of the fiber to which it relates.

Where such a trade­ mark is placed on a label in conjunction with the required information, the generic name of the fiber must appear in immediate conjunction therewith, and such trademark and generic name must appear in type or lettering of equal size and conspicuousness.

(b) Where a generic name or a fiber trademark is used on any label, whether required or non-required, a full and complete fiber content disclosure shall be made in accordance with the Act and regulations the first time the generic name or fiber trademark appears on the label.

Page 38

RULES AND REGULATIONS (c) If a fiber trademark is not used in the required information, but is used elsewhere on'the label as non-required information, the generic name of the fiber shall accompany the fiber trade­ mark in legible and conspicuous type or lettering the first time the trademark is used.

(d) No fiber trademark or generic name shall be used in non-required in­ formation on a label in such a manner as to be false, deceptive, or misleading as to fiber content, or to indicate directly or indirectly that a textile fiber product is composed wholly or in part of a par­ ticular fiber, when such is not the case. § 303.18 Labels naming fibers not pres­ ent.

Words, symbols, or depictions which constitute or imply the name or designa­ tion of a fiber which is not present in the product shall not appear on labels. § 303.19 Name or other identification required to-appear on labels. (a) The .name required by the Act to be used on labels shall be the name under which the person is doing business. Where a person has a word trademark, used as a house mark, registered in the United States Patent Office, such word trademark may be used on labels in lieu of the name otherwise required: Pro­ vided, The owner of such word tradermark furnishes the Commission a copy of the registration prior to its use. No trademark, trade names, or other names except those provided for above shall be used for required identification pur­ poses.

(b) Registered identification numbers, as provided for in § 303.20, may be used for identification purposes in lieu of the required name.

§ 303.20 Registered identification num­ bers.

(a ) Registered numbers for use as the required identification in lieu of the name on textile fiber product labels, as provided in section 4(b) (3) of the Act, will be issued by the Commission to qualified persons residing in the United States upon receipt of an application duly executed 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) Registered identification numbers shall be subject to cancellation when­ ever any such number was procured or has been used improperly or contrary to the requirements of the Acts adminis­ tered by the Federal Trade Commission, and regulations promulgated there­ under, or when otherwise deemed neces­ sary in. the public interest. (c) Registered identification numbers assigned under this section may be used on labels required in labeling products subject to the provisions of the Wool Products Labeling Act and Fur Products Labeling Act, and numbers previously assigned by the Commission under, such Acts may be-used as and for the required name in labeling under this Act. When so used by the person or firm to whom assigned, the use of the numbers shall be construed as identifying and binding the applicant as fully and in all respects as though assigned under the specific Act for which it is uséd. (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 T o th e F e d e ra l T ra d e C o m m is s io n , W a s h in g to n 25, D .C . . T h e u n d e rs ig n e d ^ -____ __________ - _________ _ ( F u ll n a m e o f a p p lic a n t) a ____________________________________________ (C o rp o ra tio n , p a r tn e rs h ip o r p r o p rie to rs h ip ) re s id in g in th e U n ite d S ta te s a n d h a v in g p r in c ip a l office a n d p la c e o f b u s in e s s a t (S tre e t a n d n u m b e r) ( C it y ) (S ta te o r T e r r ito r y ) b e in g eng ag ed in th e m a r k e tin g a n d h a n ­ d lin g o f te x tile fib e r p ro d u c ts , as d e fin e d in th e T e x tile F ib e r P ro d u c ts I d e n tific a tio n A c t, h e r e b y m a k e s a p p lic a tio n to th e F e d e ra l T ra d e C o m m is s io n fo r a re g is te re d id e n tif ic a ­ t io n n u m b e r fo r u se o n re q u ire d la b e ls . T h e u n d e rs ig n e d is eng ag ed in th e ( M a n u fa c tu rin g , d is tr ib u tin g , e tc .)' o f th e fo llo w in g p r o d u c t s _____________________ ( L is t p ro d u c ts ) D a te d , s ig n e d a n d e x e cu te d t h i s ______ _ d a y o f ___________ 19___a t ___________ _________ _ ( C it y ) (S ta te o r T e r r ito r y ) ( I f f ir m is a p a r tn e rs h ip lis t p a rtn e rs b e lo w ) (P le a se ty p e o r p r in t ) (N a m e u n d e r w h ic h b u s in e s s is c o n d u c te d ) ( S ig n a tu re o f p r o p r i- - — — ------ — _________ e to r, p a rtn e r, o r a u ­ th o riz e d o fficia l.) [Im p re s s io n o f c o rp o - — ra te se a l i f c o rp o ra ­ tio n ] Execution S ta te o f

______ 1 C o u n ty o f ____ ____ __j ss O n t h i s ---------- d a y o f ____ ________19__, b e ­ fo re m e p e rs o n a lly a p p e a re d th e s a id _____ ---------------------------- _-------------p ro p rie to r, p a r tn e r ( s trik e n o n - a p p lic a b le w o rd s ) ______ _ . ( I f c o rp o ra tio n , g iv e t it le o f a u th o riz e d * .

o ffic ia l) o f —-------------------------------------- to m e p e rs o n a lly (N a m e o f co m p a n y ) k n o w n , a n d a c k n o w le d g e d t h e e x e c u tio n o f th e fo re g o in g in s tr u m e n t o n b e h a lf o f th e firm , fo r th e u se s a n d p u rp o se s th e re in s ta te d .

[Im p re s s io n o f ' __________ ____ ______ ____ _ N o ta r y s e a l N o ta r y p u b lic in a n d fo r re q u ire d h ere. ] C o u n ty o f ______________ S ta te o f _________$______ M y c o m m is s io n e x ­ p ire s ______ ____________ § 303.21 Marking o f samples, swatches, or specimens and products sold therefrom.

(a) Where samples, swatches, or spec­ imens of textile fiber products subject to the Act are used to promote or effect sales of such textile fiber products, the samples, swatches, or specimens, as well as the products themselves, shall be labeled to show their respective fiber contents and other required information: Provided, That such samples, swatches or specimens need not be labeled: (1) If the samples, swatches, or speci­ mens are less than two square inches in area and the information otherwise re­ quired to appear on the label is clearly, conspicuously, and non-deceptively dis­ closed on accompanying promotional matter in accordance with the Act and regulations;

(2) If the samples, swatches, or speci­ mens are keyed to a catalogue to which reference is necessary in order to com­ plete the sale of the textile fiber products, and which catalogue at the necessary point of reference clearly, conspicuously, and non-deceptively discloses the infor­ mation otherwise required to appear on the label in accordance with the Act and regulations; or (3) If such samples, swatches, or specimens are nbt used to effect sales to ultimate consumers and are not in the form intended for sale or delivery to, or for use by, the ultimate, consumer, and areaccompanied by an-invoice or other paper showing the required information. (b) Where properly labeled samples, swatches, or specimens are used to effect the sale of articles of wearing apparel or other household textile articles which are manufactured specifically for a partic­ ular customer after the sale is consum­ mated, the articles of wearing apparel or other household textile articles need not be labeled if they are of the same fiber content as the samples, swatches, or specimens from which the sale was ef­ fected and an invoice or other paper ac­ companies them showing the informa­ tion otherwise required to appear on the label.

§ 303.22 Products containing linings, interlinings, fillings, and paddings. In disclosing the required information as to textile fiber products, the fiber con­ tent of any linings, interlinings, fillings, or paddings shall be set forth separately and distinctly if such linings, interlin­ ings, fillings, or paddings are incorpo­ rated in the product for warmth rather than Tor structural purposes, or if any express or implied representations are made as to their fiber content. Examples are as follows:

/ 100% N y lo n I n t e r lin in g : 100% R a y o n C o v e rin g : 100% R a y o n F illin g : 100% C o tto n . § 303.23 Textile fiber products contain­ ing superimposed or added fibers. Where a textile fiber product is made wholly of one fiber or a' blend of fibers with the exception of an additional fiber in minor proportion superimposed or added in certain separate and distinct areas or sections for reinforcing or other useful purposes, the product may be des­ ignated according to the fiber content of the principal fiber or blend of fibers, wit an exception naming the superimpose or added fiber, giving the percentag thereof in relation to the total fi weight of the principal fiber or blen£1 fibers, and indicating the area or s tion which contains the superimposed or added fiber.

Examples of this typ

Page 39

FEDERAL REGISTER Tuesday, June 2, 1959 fiber content disclosure, as applied to products having reinforcing fibers added to a particular area or section, are as follows:

55.% C o tto n 45% R a y o n Except 5% N y lo n a d d e d to to e a n d bee!. A ll C o tto n except* 1 % N y lo n a d d e d to n e ck b a n d .

§ 303.24 Pile fabrics and products com­ posed thereof.

The fiber content of pile fabrics or products composed thereof may be stated on the label in such segregated form as will show the fiber content of the face or pile and of the back or base, with per­ centages of the respective fibers as they exist in the face or pile and in the back or base: Provided, That in such disclos­ ure the respective percentages o f the face and back be given in such manner as will show the ratio between the face and the back. Examples of the form of marking pile fabric as to fiber content provided for in this section are as follows:

100% N y lo n P ile 100% C o tto n B a c k (Back co n stitu tes 60% o f fa b r ic a n d p ile 4 0 % ).

Pace— 60% R a y o n , 40% N y lo n B ack— 70% C o tto % 30% R a y o n (Pace co n stitu te s 60% o f fa b r ic a n d b a c k 4 0 % ).

§ 303.25 Sectional disclosure o f content. (a) Permissive. Where a textile fiber product is composed of two or more sec­ tions which are of different fiber com­ position, the required information as to fiber content may be separated in the same label in such manner as to show the fiber composition of each section. (b) Mandatory.

The disclosure as above provided shall be made in all in­ stances where such form of marking is necessary to avoid deception. § 303.26 Ornamentation.

, (a) (l) Where the textile fiber prod­ uct contains fiber ornamentation not ex­ ceeding five percentum of the total fiber weight of the product and the stated percentages of the fiber content are exclusive of such ornamentation, the tvTn or any invoice used in lieu thereof nail contain a phrase or statement snowing such fact; as for example: 60% C o tto n 40% R a y o n in c lu s iv e o f O rn a m e n ta tio n . A ll C o tto n Exclusive o f O rn a m e n ta tio n . meni-afw flber content of such ornj n £ mfa?,be disclosed where tl lation tif'+y?f ornamentation in r Principal flh6 fiber weig'ht °f tl « K s S S f Wend of flb<irs is sh°™ 70% N y lo n 30% A ce ta te elusive of 4% M e ta llic O rn a m e n ta tio n . 100% R a y o n ^ 1^ of 3% S ilk O rn a m e n ta tio n . Cb) Where the fiber ornamentation exceeds five percentum, it shall be in­ cluded in the statement of required per­ centages of fiber content. (c) Where the ornamentation consti­ tutes a distinct section of the product, sectional disclosure may be made in ac­ cordance with § 303.25.

§ 303.27 Use of the term “Ail”

or “ 100%.”

Where a textile fiber product or part thereof is comprised wholly of one fiber, other than any fiber ornamentation, decoration, elastic, or trimming as to which fiber content disclosure is not re­ quired, either the word “All” or the term “100% ” may be used in labeling, to­ gether with the correct generic name of the fiber and any qualifying phrase, when required; as for example: “100% Cotton,” “All Rayon, Exclusive of Orna­ mentation,” “100% Acetate, Exclusive of Decoration,” “AH Nylon, Exclusive of Elastic,” etc.

§ 303.28 Products contained in pack­ ages.

Where it is the common or accepted practice of the distributor of textile fiber products contained in packages to break the package and sell or deliver individual products therefrom, each individual product or unit contained therein shall be labeled with the required information by the person initially packaging the products.

,§ 303.29 Labeling of pairs or products containing two or more units. (a) Where a textile fiber product con­ sists of two or more parts, units, or items of different fiber content, a separate label containing the required information shall be affixed to each of such parts, units, or items showing the required in­ formation as to such part, unit, or item, irrespective of whether such parts, units, or items are marketed and handled to­ gether and in combination with each other.

(b) Where garments, wearing ap­ parel, or other textile fiber products are marketed or handled in pairs or ensem­ bles of the same fiber content, only one unit of the pair or ensemble need be la­ beled with the required information when sold and delivered to the ultimate consumer.

§ 303.30 Textile fiber product in form for consumer.

A textile fiber product shall be con­ sidered to be in the form intended for sale or delivery to, or for use by, the ul­ timate consumer when the manufactur­ ing or processing of the textile fiber product is substantially complete. The fhet that minor or insignificant details of the manufacturing or processing have not been completed shall not excuse the labeling of such products as to the re­ quired information. For example, a gar­ ment must be labeled even though such matters as the finishing of a hem or cuff or the affixing of buttons thereto remain to be completed.

§ 303.31 Invoice in lieu of label. Where a textile fiber product is not in the form intended for sale, delivery to, or for use by the ultimate consumer, an invoice or other paper may be used in lieu of a label, and such invoice or other paper shall show, in addition to the name and address of the person issuing the in­ voice or other paper,, the fiber content of such product as provided in the Act and regulations as well as any other required information.

§ 303.32 Products containing reused stuffing.

Any upholstered product, mattress, or cushion which contains stuffing which has been previously used as stuffing in any other upholstered product, mattress, or cushion shall have securely attached thereto a substantial tag or label, at least 2 inches by 3 inches in size, and state­ ments thereon conspicuously stamped or printed in the English language and in plain type not less than % inch high, indicating that the stuffing therein is composed in whole or in part of “reused stuffing,” “secondhand stuffing," “previ­ ously used stuffing,” or “used stuffing.” § 303.33 Country where imported tex­ tile fiber products are processed or manufactured.

(a) In addition to the other informa­ tion required by the Act and regulations, each imported textile fiber product shall be labeled with thé name of the country where such imported product was proc­ essed or manufactured.

(b> The term “country” means the political entity known as a nation. Colo­ nies, 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 where the textile fiber product was proc­ essed or manufactured unless the Com­ mission shall otherwise direct. (c) The country where the imported textile fiber product was principally made shall be considered to be the coun­ try where such textile fiber product was processed or manufactured. Further work or material added to the textile fiber product in another country must effect a basic change in form in order to render such other country the place yhere such textile fiber product was processed or manufactured. (d) The English name of the country where the imported textile fiber product was processed or manufactured shall be used. The adjectival form of the name of the country will be accepted as the name of the country where the textile fiber product was processed or manufac­ tured, provided the adjectival form of the name does not appear with such other words so as to refer to a kind or species of product.

Variant spellings which clearly indicate the English name of the country, such as Brasil for Brazil and Italie for Italy, are acceptable. Ab- ' breviations which unmistakably indicate the name of a country, such at “Gt. Britain”

for “Great Britain,”

are acceptable.

(e) Nothing in this rule shall be con­ strued as limiting in any way the in­ formation 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.

Page 40

RULES AND REGULATIONS § 303.34 Change in form of imported textile fiber products.

(a) Where the form of an imported textile fiber product is not basically changed, the country where such prod­ uct was originally manufactured or proc­ essed shall be set out in the required in­ formation.

As for example, a fabric imported into the United States in the greige but finished and dyed in this coun­ try must show the country where the fabric was manufactured or processed. (b) Where a textile fiber product is made in the United States from imported textile fiber products the country where such imported textile fiber products were manufactured or processed need not be disclosed.

As for example,-the labeling of a shirt manufactured in this country out of an imported fabric need not disclose the country where the fabric was manufactured or processed. § 303.35 Use o f terms “ virgin”

or “ new.”

The terms “virgin” or “new” as de­ scriptive of a textile fiber product, or any fiber or part thereof, shall not be used when the product or part so de­ scribed is not composed wholly of new or virgin fiber which has never been re­ claimed from any spun, woven, knitted, felted, bonded, or similarly manufac­ tured product.

§ 303.36 Form o f separate guaranty. (a) The following are suggested forms_ of separate guaranties under section 10 of the Act which may be used by a guar­ antor residing in the United States on or as part of an invoice or other paper relating to the marketing or handling of any textile fiber products listed and designated therein, and showing the date of such invoice or other paper and the signature and address of the guarantor. (1) General form. We guarantee that the textile fiber products specified herein are. not misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the Textile Fiber Products Identification Act and rules and regulations thereunder. (2) Guaranty based on guaranty. Based upon a guaranty received, we guarantee that the textile fiber products specified herein are not misbranded nor falsely nor decep-* tively advertised or invoiced under the pro­ visions of the Textile Fiber Products Identi­ fication Act and rules and regulations thereunder.

N ote:

The printed name and address on the invoice or other paper will suffice to meet the signature and address requirements. (b) The mere disclosure of required information including the fiber content of a textile fiber product on a label or on an invoice or other paper relating to its marketing or handling shall not be considered a form of separate guaranty.

K § 303.37 Form o f continuing guaranty from seller to buyer.

Under section 10 of the Act, a seller residing in the United States may give a buyer a continuing guaranty to be ap­ plicable to all textile fiber products sold or to be sold. The following is the pre­ scribed form of continuing guaranty from seller to buyer:

/ We, the undersigned, guarantee that all textile fiber products now being sold or which may hereaftèr be sold or delivered to ___________ are not, and will not be mis­ branded nor falsely nor deceptively adver­ tised or invoiced under the provisions of the Textile Fiber Products Identification Act and rules and regulations thereunder. This guar-* anty effective until . ____ _____ _ * Dated, signed, and executed this ____ day o f _____ _____ _ 19___ a t ___________ _____ (City) (State or territory) Name under which busi­ ly Impression of ness is conducted.

corporate seal, __________________________ if corporation.] Signature of proprietor, partner, or authorized official.) ‘ Execution V State o f ______ ____1 County o f ________ j On this _ _____ day o f ___ ____ ____ _ 19—., before me personally appeared the sa id -------- _________ __________________proprietor, partner (strike non-applicable w o rd s )___— ..._____- (If corporation, give title of authorized official) o f __________ .________________ _ to me personally (Name of company) known, and acknowledged the execution of the foregoing instrument on behalf of the firm, for the uses and purposes therein stated.

[Impression of ____ _____ ;____________ —— .

Notary seal Notary Public in and for l required here.] County o f --------- — 1— _ State o f ____________ ___ My commission ex­ pires ____ ______________ _ § 303.38 Continuing guaranty filed with Federal Trade Commission. (a) (1) Under section 10 of the Act any person residing in the United States and marketing or handling textile fiber products may file a continuing guaranty with the Federal Trade Commission. When filed with the Commission a con­ tinuing guaranty shall be fully executed in duplicate and execution of each copy shall be acknowledged before a notary public. Forms for use in preparing con­ tinuing guaranties will be supplied by the Commission upon request. (2) Continuing guaranties filed with the Commission shall continue in effect until revoked.

The guarantor shall promptly report any change in business status to the Commission. __ \ (b) Prescribed form of continuing guaranty:

Continuing Guaranty The undersigned,_____. . . _________________ _ (Full name of guarantor) a _____ _________________________ J____________ -___ (Corporation, partnership, or proprietorship) residing in the United States, and having principal office and place of business at (Street and number) (City) , ( State or Territory ) and engaged in manufacturing, marketing or handling textile fiber products, hereby guar­ antees that every such textile fiber product contained in each shipment, or other de­ livery, made by the guarantor will not be misbranded or falsely or deceptively invoiced or advertised within the meaning of the Textile Fiber Products Identification Act and the rules and regulations thereunder. Dated, signed, and executed t h is ____ day o f ______ ____ _ 19__, a t _____ 2_____ (City) (State or Territory ) [Impression of corporate seal, if corporation.] (Name under which busi­ ness is conducted) (Signature of proprietor, partner, or authorized ' official of corporation.) Execution State of ___________ 1 County o f ___________ ] ss On t h i s _____ !_ day o f _________ 19.

before me personally appeared the said_____ --------- ----------------------------- proprietor, partner (strike non-applicable w o rd s)______________ (If corporation, give title of authorized „ official) of _J_________ _ to me personally known, and acknowledged the execution of the foregoing instrument on behalf of the firm, for the uses and purposes therein stated. [Impression of Notary seal required here.] Notary Public in and for County o f ____ ________ State o f _______________ My commission ex­ pires ________________— . (c) Any person who has a continuing guaranty on file with the’ Commission may, during the effective dates of the guaranty, give notice of such fact by setting forth on the invoice or other paper covering the marketing or han­ dling of the product guaranteed the following:

Continuing guaranty under the Textile Fiber Products .Identification Act filed with the Federal Trade Commission. (d) Any person who falsely represents in writing that he has a continuing guaranty on file with the Federal Trade Commission when such is not a fact shall be deemed to have furnished a false guaranty under section 10(b) of the Act. § 303.39 Maintenance o f records.

(a) Pursuant to the provisions of sec­ tion 6 of the Act, every manufacturer of a textile fiber product subject to the Act, irrespective of whether any guaranty has been given or received, shall main­ tain written records showing the fiber content as required by the Act of all sucn textile fiber products made by sucn manufacturer.

The records so maintained shall show- (1) The percentage of each fiber placed in each style, lot, or description* ai applicable to the textile fiber produc of such manufacturer in the form oi fiber, yam, fabric, or other form; a (2) S u c h numbers, informatm marks,) or descriptions as will iden y thé said records with the respectée tile fiber products to which they re Manufacturers shall also keep and main tain as records under the Act an P , chise and sales invoices, purchas salés contracts, labels, m anufacturi^ contracts, orders, or duphçate P thereof; and factory records, b » correspondence, and other pe documents and data applicable purchase, receipt, use, and d^possj or all raw stocks, fiber, yam, fa \

Page 41

FEDERAL REGISTER Tuesday, Ju ne 2, 1959 other manufactured materials obtained by the manufacturer.

(b) Any person substituting a stamp, tag, label, or other identification pur­ suant to section 5(b) of the Act shall keep such records as will show the in­ formation set forth on the stamp,, tag, label, or other identification that he removed and the name or names of the person or persons from whom such tex­ tile fiber product was received. (c) The records required to be main­ tained pursuant to the provisions of this rule shall be preserved for at least three years.

§ 303.40 Use of terms in written adver­ tisements which imply presence of a fiber.

The use of terms in written advertise­ ments which are descriptive of a method of manufacture, construction, or weave, and which by custom and usage are also indicative of a textile fiber or fibers, or the use of terms in such advertisements which constitute or connote the name or presence of a fiber or fibers, shall be deemed to be an implication of fiber content under section 4(c) of the Act, except that the provisions of this sec­ tion shall not be applicable to non-deceptive shelf or display signs in retail stores indicating the location of textile fiber products and not intended as advertisements.

§ 303.41 Use of fiber trademarks an' generic names in advertising. (a) In advertising textile fiber prod ucts, the use of a fiber trademark shal require a full disclosure of the fiber con tent information required by the Act ah< régulations in at least one instance ii the advertisement.

(b) Where a fiber trademark is used jj advertising textile fiber products con taining more than one fiber, oth^r thaj permissible ornamentation, such fibe trademark and the generic name of th fiber must appear in the required fibe content information in immediate prox inuty and conjunction with each other ii Plainly legible type or lettering of equa size and conspicuousness. cj Where a fiber tradem ark is use« advertising textile fiber products con “fifing only one fiber, other th an per tnai-tVe d e n t a t i o n , such, fiber trade “ „1? and the generic nam e of the fibe pfmiii«P?-ear ^ unmediate proxim ity am leeihio Ctl°il witb each other in piainl; inVftMai1? consPicu°us type or, letter ( j f t?£ft once in the advertisement, fieric a tradem ark or ge formating ^ used in non-required in tradSnSl in ^ e r t is in g , such .fibe S S ^ h ° rageneric name sha11 not h ceptive i l i a “ 16" as to be false. de ortom c S L ^ Ïading “ t0 fiber contenl a t S t S w ’ d ^ t iy or indirectly, tha or in n aT L Pr0ductls com Posed wholl: such isPnot the case?tlCUlar flber' whei advertÛ!î?nf eiïifnV°^ “ »formation ii , .

® textile fiber products.^ ^vertisedTn sncifXtile fiber product i disclosure of tyi? J0?00*1* as to requir by the Act an?*? “^ ^ “fation require« the required iivr?f8ul£tions’ a11 Parts o *n immediate °rm.ation shall be state« ate conjunction with eacl other in legible and conspicuous type or lettering of equal size and prominence. In making the required disclosure of the fiber content of the product, the generic names of the fibers present in amounts <?f more than five percentum of the total fiber weight of the product shall appear in order of predominance by weight, to be followed by the designation “other .fiber” or “other fibers” if a fiber or fibers be present in amounts of five percentum or less.

(b) Non-required information or rep­ resentations shall in no way be false, deceptive, or misleading as to fiber con­ tent and shall not include any names, terms, or representations prohibited by the Act and regulations.

Such non-re­ quired information or representations shall not be set forth or so used as to interfere with, minimize^pr detract from the required information. (c) Non-deceptive terms which are properly and truthfully descriptive of a fiber may be used in conj miction with the generic name of such fiber; as for example: “cross-linked rayon,” “solution dyed acetate,” “combed cotton,” “nylon 66,” etc.

§ 303.43 Fiber content tolerances. (a) A textile fiber product which con­ tains more than one fiber shall not be deemed to be misbranded as to fiber content percentages if the percentages by weight of any fibers present in the total fiber content of the product, ex­ clusive of. permissive ornamentation, do not deviate or vary from the percentages stated on the label in excess of 3 percent of the total fiber weight of the product. For example, where the label indicates that a particular fiber is present in the amount of 40 percent, the amount of such fiber present may vary from a mini­ mum of 37 percent of the total fiber weight of such product to a maximum of 43 percent of the total flber weight of such product.

(b) Where the percentage of any fiber or fibers contained in a textile fiber product deviates or varies from the per­ centage stated on the label by more than the tolerance or variation provided in paragraph (a) f)f this section, such product shall be misbranded unless the person charged .proves that the entire deviation or variation from the fiber content percentages stated on the label resulted from unavoidable variations in manufacture and despite the exercise of due care.

. (c) Where representatipns are made to the effectthat a textile fiber product is composed wholly of one fiber, the tolerance provided in section 4(b) (2) of the Act and paragraph (a) of this sec­ tion shall not apply, except as to per­ missive ornamentation where the textile fiber product is represented to be com­ posed of one fiber “exclusive of ornamentation.”

§ 303.44 Products not intended for uses subject to the act.

Textile fiber products intended for uses Qot within the scope of the Act and regulations or intended for uses in other textile flber products which are exempted or excluded from the Act shall not be subject to the labeling and invoicing re­ quirements of the Act and regulations: Provided, An invoice or other paper cov­ ering the marketing or handling of such products i& given,' which indicates that the products are not intended, for uses subject to the Textile Fiber Products Identification Act.

§ 303.45 Exclusions from the act.

(a) Pursuant to section 12(b) of the Act, the Commission hereby excludes from the operation of the Act: (1) All textile- fiber products except: (1) Articles of wearing apparel; (ii) Handkerchiefs;

(iii) Scarfs;

(iv) Beddings;

(v) Curtains and casements; (vi) Draperies;

( vii) Tablecloths, napkins, and doilies ; (viii) Floor coverings;

(ix) Towels;

(x) Wash cloths and dish cloths; (xi ) Ironing board covers and pads ; (xii) Umbrellas and parasols ; (xiii) Batts;

(xiv) Products subject to section 4(h) of the Act;

(x v) Flags;

(xvi) Cushions;

(xvii) All fibers, yarns and fabrics (in­ cluding narrow fabrics except packaging ribbons) ;

(xviii) Furniture slip covers and other covers of coverlets for furniture; (xix) Afghans and throws; (xx) Sleeping bags;

(xxi) Antimacassars and tidies; (xxii) Hammocks;

(xxiii) Dresser- and other furniture scarfs^ (2) Belts, suspenders, arm bands, per­ manently knotted neckties, garters, san­ itary. belts, diaper liners, labels (either required or non-required) individually and in rolls, looper clips intended for handicraft purposes, book cloth, artists’ canvases, tapestry cloth, and shoe laces. (3) All textile fiber products manufac­ tured b/ the operators of company stores and offered for sale and sold exclusively to their own employees as ultimate con­ sumers.

(4) Coated fabrics and those portions of textile fiber products made of coated fabrics.

(5) Secondhand household textile ar­ ticles which are discernibly secondhand or which are marked to indicate their secondhand character.

(6) Non-woven products of a dispos­ able nature intended for one-time use only. x (b) The exclusions provided for in paragraph (a) of this section shall not be applicable if any representations as to fiber content of such articles are made, except as to those products excluded by paragraph (a) (6) of this section. (c) The exclusions from the Act pro­ vided in paragraph (a) 'of this section are in addition to the exemptions from the Act provided in section 12(a) of the Act and shall not affect or limit such exemptions.

Issued: M ay20,1959.

By direction of the Commission. [ se a l] R obert M. P a r r ish, Secretary.

[F.R. Doc. 59-4346; Filed, June 1, 1959; 8:45 a.m.]