Rules and Regulations under the Fur Products Labeling Act, Miscellaneous Amendments

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Title 16— COMMERCIAL PRACTICES Chapter I— Federal Trade Commission SUBCHAPTER C— REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS PART 301— RULES AND REGULA­ TIONS UNDER THE FUR PRODUCTS LABELING ACT Miscellaneous Amendments On November 3, 1960, a notice of pro­ posed rule making was published in the F ederal R egister.

The notice stated that the Commission would, on Decem­ ber 5, 1960, at its offices in the city of Washington, District of Columbia, give consideration to an amendment, of §§ 301.1(b), 301.9(a), 301.12(e), 301.15, 301.19, 301.26, 301.29(a), 301.30(a), 301.32, 301.34, 301.39(a), and 301.48 of Part 301, rules and regulations under the Fur Products Labeling Act. The notice provided that interested parties might participate by submitting in writing to the Commission on or before such dates their views, arguments or other data, and by presenting their views, argu­ ments or other data orally at such time, and further provided that written re­ buttal could be submitted for a period of fifteen days after the close of the public hearing. A draft of the proposed amendments was made a part of the notice.

Pursuant to such Notice, interested parties were afforded an opportunity to submit their views, arguments or other data in writing or orally on December 5, 1960, and opportunity was afforded for the submission of written rebuttal for a period of fifteen days after such date. All views, arguments and data presented have been made a part of the record. After due consideration of the pro­ posed amendments, suggested revisions, deletions and additions thereto, to­ gether with all views, arguments and other data submitted, the following amendments to §§ 301.1(b), 301.9(a), 301.12(e), 301.19, 301.26, 301.29(a), 301.30(a), 301.32, 301.34, 301.39(a), 301.48, and a new § 301.48a-of Part 301, rules and regulations under the Fur Products Labeling Act (65 Stat. 179; 15 U.S.C. 69) are hereby promulgated.

Such amendments are to become effec­ tive thirty days after publication in the F ederal Register.

The amendments are as follows: § 301.1 [Amendment] 1. An amendment of § 301.1(b) (Rule 1(b)) under the authority of section 8(b) so as to include within the defini­ tion of wearing apparel certain assem­ bled and other skins, thus making them fur products within the definition of such term as set out in section 2(d), and as such subject to the requirements of the Fur Products Labeling Act. Sec­ tion 301.1(b) (Rule 1(b)) shall here­ after read:

(b) The term “wearing apparel” as used in the definition of a fur product in section 2(d) of the Act means (1) any article of clothing or covering for any part of the body; and (2) shall include any assembled furs, used furs, or waste furs, in attached form, including mats, plates or garment shells or furs flat off the board, and furs which have been dyed, tip-dyed, bleached or artificially colored, intended for use as or in wearing apparel: Provided, however, That the provisions of section 4(2) of the Act shall not be applicable to those fur products set out in subparagraph (2) of this para­ graph.

2. An amendment of the title of § 301.9 (Rule 9) and an amendment of § 301.9 (a) under the authority of section 8(b) so as to discontinue the requirement that certain lamb skins are to be described as “Mouton-processed lamb.” The title of | 301.9 (Rule 9) and paragraph (a) of said section shall hereafter read: § 301.9 Use of terms “Mouton Lamb” and “shearling lamb” permitted. (a) The term “Mouton 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 repellant finish; as for example:

Dyed Mouton Lamb § 301.12 [Amendment] 3.

An amendment of § 301.12(e) (Rule 12(e)) under the authority of sec­ tion 8(b) so as to provide for the use of certain abbreviations and the use of the country of origin in adjective form under certain circumstances. Section 301.12 (e) (Rule 12(e)) shall hereafter read: (e) (1) The English name of the coun­ try of origin shall be used. Abbrevia­ tions which unmistakably indicate the name of a country, such as ‘‘S.W. Africa” for “Southwest Africa,” and “Gt. Britain” for “Great Britain” are acceptable.

Abbreviations such as “U.S.S.R.” for the “Union of Soviet Socialist Republics” or “Russia” or “N.Z.” for “New Zealand” are not n pppnf Q Kl p (2) The name of the country of origin, when used as a part of the required in­ formation in labeling shall be preceded by the term “fur origin”; as for example. Dyed Muskrat Fur Origin: Russia or Dyed China Mink Fur Origin: China (3) In addition to the required dis­ closure of country of origin the name oi the country may also appear in adjecuve form in connection with the name of t animal; as for example:

Tip-dyed Canadian American Sable Fur Origin: Canada or Russian Sable Fur Origin: Russia 01.19 [Amendment] t. An amendment of §301.19 ^ i (f) (Rule 19(d) (f)) and the addi^ n of a new paragraph (e) withpres ragraphs (e) and (f) reading i (g) under the authority ® tive » , so as to provide an altejMgJ ithod of describing ^eing,¡Jjfjjused “otherwise artificially eoioredasu® the Act, and to make man a W 4 of the term “natural” where t product is not pointed, .fi iauy Bd. tip-dyed or otherwise artifice y ored.

Section 301.19 ’ d (g>) d (g) (Rule 19 (d), (e), (f>>ana all hereafter read:

(d) The term “dyeing” i^the^rade ides the processes kno^ feahthering, tipping the hair f“ ’ fproCess of d beautifying) means th P plying dyestuffs to the hair o

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FEDERAL REGISTER Friday, April 14, 1961 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 by immersion in a dye bath or by application of the dye by brush, feather, or spray, it may respec­ tively be described as “vat dyed”, “brush dyed”, “feather dyed”, or “spray dyed”, as the case may be. When dyestuff is applied only to the ends of the hair or fur, by feather or otherwise, it may also be described as “tip-dyed”. The appli­ cation of dyestuff to the leather or the skin (known in the trade as “tipping”, as distinguished from tip-dyeing the hair or fur as above described) and which does not affect a change of, nor accentuate the natural color of the hair or fur, shall not be considered as “dyeing”. When fluorescent dye is applied to a fur or fur product it may be described as “brightener added”.

(e) The term “artificial coloring” means any change or improvement in color of a fur or fur product in any manner other than by pointing, bleach­ ing, dyeing, or tip-dyeing, and shall be described in labeling, invoicing and ad­ vertising as “color altered” or “color added”.

(f) The term “blended” shall not be used as a part of the required informa­ tion to describe the pointing, bleaching, dyeing, tip-dyeing, or otherwise arti­ ficially coloring of furs. (g) Where a fur or fur product is not pointed, bleached, dyed, tip-dyed, or otherwise artificially colored it shall be described as “natural”.

§ 301.26 [Amendment] 5. An amendment of § 301.26(c) (Rule 26(c)) under the authority of section 8(b) to provide that registered numbers issued under the Pur Products Labeling Act might be used on labels required under the Wool Products Labeling Act and the Textile Fiber Products Identificatwn Act.

Section 301.26(c) (Rule «>(c)) shall hereafter read: _ Registered identification numbe: assigned under this rule may be used c abeis required in labeling products sut jeci to the provisions of the Woi 2 ? ® “ labeling Act and Textile Fib( Ide1ntlfication Act, and nun wrsmwiousiy assigned or to be assigne bIrnLCommifsion under such Acts ma labpiimraS fo? the required name i by thp ®Lunder ^ is Ack When so use the mp>e^°?u0r firm to whom assigne« stiLd J he. numbers shall be cor aS L m identifying and binding th fu5y and in aU respects a io rw L h fisduseSder ^ SPeCifiC A< § 301.29 [Amendment] 29(a)^ua,Se0nd!?ent of § 301.29(a) (Rul 8(b) tomovIriJ?6 aut,hority of sectiG earmSf f°r b in d in g the type c iorfur in th!fr+0if fur and brand nam 30l.29(a? designation. Seetio:

read:

39(a)) shall hereafte set ouUn K ? , form ation shall and in nottb® 1f1bel 111 a legible manr W not smaller than pica or twe] (12) point type, and all parts of the re­ quired information shall be set out in letters of equal size and conspicuousness. All of the required information with re­ spect 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 designation and size. The lot or style designation may include non-deceptive terms indicating the type of garment, color of fur, and brand name for fur. The other side of the label may be used to set out any nonrequired information which is true and non-deceptive and which is not prohi­ bited by the Act and regulations, but in all cases the animal name used shall be that set out in the Name Guide. § 301.30 [Amendment] 7. An amendment of § 301.30(a) (Rule 30(a)) under the authority of section 8(b) to provide for the sequence of in­ formation on fur labels occasioned by other amendments being adopted. Sec­ tion 301.30(a) (Rule 30(a)) shall here­ after read:

(а) The applicable parts of the in­ formation 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 natural, pointed, bleached, dyed, tip-dyed or otherwise artificially colored fur, when such is the fact; (2) That the fur product contains fur which has been sheared, plucked, or letout, when such is the fact; , (3) That the fur contained in the fur product originated in a particular coun­ try (when so used the name of the coun­ try should be stated in the adjective form), when such is the fact; (4) The name or names (as set forth in the Pur Products Name Guide) of the animal or animals that produced the fur;

(5) That the fur product is composed in whole of backs or in whole or in sub­ stantial part of paws, tails, bellies, sides flanks, gills, ears, throats, heads, scrap pieces, or waste fur, when such is the fact;

(б) The name of the country of ori­ gin of any imported furs used in the fur product;

(7) Any other information required or permitted by the Act and regulations with respect to the fur. Note: The information set out in subparagraphs (2) and (3) of this paragraph and the term “backs” set, out in subpara­ graph (5) of this paragraph are not manda­ tory, but when and if used, shali be set out in the sequence noted.

8. An amendment of § 301.32 (Rule 32) under the authority of section 8(b) so as to provide for certain illustrations when other materials are contained in a fur product. Section 301.32 (Rule 32) shall hereafter read:

§ 301.32 Fur product containing mate­ rial other than fur.

(a) Where a fur product contains a material other than fur the content of which is required to be disclosed on la­ bels under other statutes administered by the Commission, such information may be set out on the same side of the label and in immediate conjunction with the information required under this Act; as for example:

100% Wool Interlining—100% Reused Wool Trim—Dyed Muskrat Fur Origin: Canada or Body: 100% Cotton Lining: 100% Nylon Collar: Dyed Mouton Lamb Fur Origin: Argentina (b) Information which may be desir­ able or necessary to fully inform the pur­ chaser of 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—Leather Trim—Dyed Mink 9. An amendment of § 301.34 (Rule 34) as presently written under the au­ thority of section 8(b) so as to provide for the correction of misbranded and falsely invoiced fur products. Section 301.34 (Rule 34) shall hereafter read: § 301.34 Misbranded or falsely invoiced fur products.

(a) if a person subject to section 3 of the Act with respect to a fur product finds that a fur product is misbranded he shall correct the label or replace same with a substitute containing the required information.

(b) If a person subject to section 3 of the Act with respect to a fur or fur product finds that the invoice issued to him is false or deceptive, he shall, in connection with any invoice issued by him in relation to such fur or fur prod­ uct correctly set forth all of the in­ formation required by the Act and reg­ ulations in relation to such fur or fur product.

§ 301.39 [Amendment] 10. An amendment of § 301.39(a) (Rule 39(a)) under the authority of section 8(b) so as to permit the use of certain descriptive terms on exempted fur products. Section 301.39(a) (Rule 39(a)) shall hereafter read: (a) Where the cost of any manufac­ tured fur or furs contained in a fvu: product, exclusive of any costs incident to its incorporation therein, does not ex­ ceed seven dollars ($7.00), or where a manufacturer’s selling price of a fur product does not exceed seven dollars ($7.00) and the provisions of paragraphs (b) and (c) of this section are met, the fur product shall be exempt from the re­ quirements of the Act and regulations: Provided, however, That if the fur prod­ uct 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 ac­ cordance with the requirements of the Act and regulations regardless of cost of the fur used in the fur product or manufacturer’s selling price. The ex­ emption provided for herein shall not be applicable (1) If any false, deceptive or misleading representations as to the

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RULES AND REGULATIONS fur contained in the fur product are made; or (2) if any representations as to the fur are made in labeling, invoicing or advertising without disclosing: (i) In the case of labels, the information re­ quired to be disclosed under section 4(2) (A), (C), and (D) of the Act; (ii) in the case of advertising, the information required to be disclosed under section 5(a)(1), (3), and (4) of the Act; and (iii) in the case of invoicing, the infor­ mation required to be disclosed under section 5(b) (1) (A), (C), and (D) of the Act.

11.

An amendment of § 301.48 (Rule 48) under the authority of section 8(b) so as to provide that continuing guaran­ ties filed with the Federal Trade Com­ mission shall remain in effect until re­ voked by the guarantor. Section 301.48 shall hereafter read:

§ 301.48 Continuing guaranties.

(a) (1) Under section 10 of the Act any person residing in the United States and handling furs or fur products may file a continuing guaranty with the Fed­ eral Trade Commission. When filed with the Commission a continuing guaranty shall be fully executed in duplicate and execution of each copy shall be acknowl­ edged before a notary public. Forms for use in preparing continuing 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. (3) The following is the prescribed form of continuing guaranty: Continuing Guaranty Under the Fur Products Labeling Act The undersigned, —^------------------------- - (Full name of guarantor) a ___________________________________ (Corporation, partnership, proprietorship) residing in the United States and having principal office and place of business at (Street and number) (City) _____ _____ ___;___ and engaged in manu- (State or Territory) facturing or handling furs or fur products hereby guarantees that every such fur prod­ uct contained in each shipment or other delivery hereafter made by it, will not be mis­ branded when so shipped and delivered, and that.no fur or fur product in any such ship­ ment or delivery will be falsely or deceptively invoiced or advertised within the meaning of the Fur Products Labeling Act and the rules and regulations thereunder. Dated, signed and executed th is ---------day o f -------- - 19—, a t --------------------- - (City) (State or Territory) [Impression of (Name under which busicorporate sèal, ness is conducted) if corporation] _______ :-------------------- (Signature of proprietor, partner, or authorized official of corporation) EXECUTION State o f _____T— 1 County of ---------- j On th is ____4— day o f -------------- 19--, before me personally appeared the said pro­ prietor, partner (strike nonapplicable words) (If corporation, give title of authorized official) o f ___ :_____ 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 Public in and for notary seal County o f ____________ required here] State o f _____________ 1961, the citation in § 46.7 referring to the Immigration and Nationality Act should read “section 101(a) (15) (A) or (G) ” instead of “section 101(a) (15) (A) or (E) ”.