Rules and Regulations under Fur Products Labeling Act, Furs and Fur Products; Artificially Colored Products; Exempted Products; Records; Announcement…

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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 REGULATIONS UNDER FUR PRODUCTS LABELING ACT Furs and Fur Products; Artificially Col­ ored Products; Exempted Products; Records; Announcement of Test Method In the matter of amending Rules 19, 39, and 40 of the regulations under the Fur Products Labeling Act; 204-13-1. On December 4, 1967, the Commission issued a notice of proposed rule making under the Fur Products Labeling Act. Such notice was published in the F ederal R egister on December 7, 1967, and pro­ vided that the Federal Trade Commission would on January 11, 1968, hold public hearings and give consideration to pro­ posed amendments to the rules and regu­ lations under the Fur Products Labeling Act to specify when certain furs and fur products would be considered artificially colored and to provide a means of better informing manufacturers and dealers as to the nature and extent of the artificial coloration. The notice also provided that consideration would be given to increas­ ing the monetary valuation as to fur products exempted from the require­ ments of the J ^ r Products Labeling Act under certain specified conditions. Pro­ vision was made for the submission of written views, arguments and data until the date of the hearing and for twenty (20) days thereafter. On request of cer­ tain interested parties the time for sub­ mission of further views, arguments and data was extended to March 11, 1968, by notice dated January 26, 1968 and pub­ lished in the F ederal R egister on Jan­ uary 31,1968.

After consideration of all views, argu­ ments and data submitted in accordance with such notice the Commission deter­ mined to make certain modifications and additions to the proposals originally pub­ lished and to allow further time for the FEDERAL REGISTER, VOL. 34, NO. 7— FRIDAY, JANUARY 10, 1969

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RULES AND REGULATIONS written presentation of views, arguments and data. Accordingly, the Commission on November 27, 1968 issued a revised notice of proposed rule making contain­ ing proposed amendments to §§301.19 (Rule 19), 301.39 (Rule 39) and'301.40 (Rule 40) of Title 16, Part 301, Rules and Regulations under Pur Products Label­ ing Act. Such notice was published in the F ederal R egister on November 28, 1968.

The matter to be considered under the November 27, 1968 notice related to ar­ tificially colored and exempted products as specified above and in the original notice, together with modifications and additional proposals relating to record keeping necessary and proper for the administration of the proposed regula­ tions relating to artificial coloration of furs and fur products. Written views, arguments or other pertinent data were received for 30 days after publication of the notice in the F ederal R egister. After consideration of all views, argu­ ments and other data submitted pursu­ ant to the December 4, 1967 and No­ vember 27, 1968 notices of proposed rule making and of all pertinent information available to the Commission, the Com­ mission has determined to amend §§ 301.19 (Rule 19), 301.39 (Rule 39), and 301.40 (Rule 40) of Title 16, Part 301, Rules and Regulations under Fur Prod­ ucts Labeling Act so as (1) to specify when certain furs and fur products will be considered artificially colored, (2) to provide a means of informing manufac­ turers, dealers, the consuming public and others as to the nature and extent of the artificial coloration through marking of pelts, record keeping and other provi­ sions set out in the amendment and to provide for more effective administra­ tion of such regulations, and (3) to clar­ ify the regulation relating to exempted products and increase the monetary val­ uation of fur products exempted from the Fur Products Labeling Act under cer­ tain specified conditions. The amendments are as follows : 1.

Section 301.19 (Rule 19) of the rules and regulations under the Fur Products Labeling Act is amended by revising the caption and adding five new paragraphs. The amended caption and additional paragraphs (h), (i), (j), (k) and (1) of § 301.19 (Rule 19) read:

§ 301 .1 9 Pointing, dyeing, bleaching or otherwise artificially coloring. * * * * * (h) (1) Where any fur or fur product is dressed, processed or treated with a solution or compound containing any metal and such compound or solution effects any change or improvement in the color of the hair, fleece or fur fiber, such fur or fur product shall be de­ scribed in labeling, invoicing and adver­ tising as “color altered” or “color added”. (2) When any fur or fur product is dressed, processed or treated with a solu­ tion or compound containing iron or copper and after processing any of the hair, fleece or fur fiber contains more than 300 parts per million of iron or more than 75 parts per million of cooper, such fur or fur product shall be de­ scribed in labeling, invoicing and adver­ tising as “color altered” or “color added”.

(1) (1) Any person dressing, process­ ing or treating a fur pelt in such a man­ ner that it is required under paragraph (e) or (h) of this section to be described as “color altered” or “color added” shall place a black stripe at least one half inch in width across the leather side of the skin immediately above the rump or place a stamp with a solid black center in the form of either a two inch square or a circle at least two inches in diameter on the leather side of the pelt and shall use black ink for all other stamps or markings on the leather side of the pelt- (2) Any person dressing, processing or treating a fur pelt which after process­ ing is considered natural under para­ graph (g) of this section shall place a white stripe at least one-half inch in width across the leather side of the skin immediately above the rump or place a stamp with a solid white center in the form of either a 2-inch square or a circle at least 2 inches in diameter on the leather side of the pelt and shall use white ink for all other stamps or mark­ ings on the leather side of the pelt. (3) Any person dressing, processing or treating a fur pelt in such a manner that it is considered dyed under para­ graph (d) of this section shall place a yellow stripe at least one-half inch in width across the leather side immedi­ ately above the rump or place a stamp with a solid yellow center in the form of either^ 2-inch square or a circle at least 2 inches in diameter on the leather side of the pelt and shall use yellow ink for all other stamps or markings on the leather side of the pelt. (4) Where, after assembling, fur gar­ ment shells, mats, plates or other assem­ bled furs are processed or treated in such a manner as to fall within the stamping or marking provisions of this paragraph, such assembled furs, in lieu of the stamp­ ing or marking of each individual pelt or piece, may be stamped on the leather side with a stamp of appropriate color with a solid colored center in the form of either a 2-inch square or a circle 2 inches in diameter in such a manner that the stamp will remain on the fin­ ished fur product until it reaches the ultimate consumer. All stamps or mark­ ings shall be of appropriate color as pro­ vided in this paragraph.

(j ) Any person who shall process a fur pelt in such a manner that after such processing it is no longer considered as natural shall clearly, conspicuously and legibly stamp on the leather side of the pelt and on required invoices relating thereto a lot number or other identify­ ing number which relates to such records of the processor as will show the source and disposition of the pelts and the de­ tails of the processing performed. Such person shall also stamp his name or registered identification number on the leather side of the pelt. (k) Any person who processes fur pelts of a type which are always considered as dyed under paragraph (d) of this sec­ tion after processing or any person who processes fur pelts which are always na­ tural at the time of sale to the ultimate consumer, which pelts for a valid reason cannot be marked or stamped as provided in this section, may file an affidavit with the Federal Trade Commission’s Bureau of Textiles and Furs setting forth such facts as will show that the pelts are al­ ways dyed or natural as the case may be and that the stamping of such pelts cannot be reasonably accomplished. If the Bureau of Textiles and Furs is satis­ fied that the public interest will be pro­ tected by the filing of the affidavit it may accept such affidavit and advise the af­ fiant that marking of the fur pelts them­ selves as provided in this section will be unnecessary until further notice. Any person filing such an affidavit shall promptly notify the Commission of any change in circumstances with respect to its operations.

(1) Any person subject to this section who incorrectly marks or fails to mark fur pelts as provided in paragraphs (i) and (j) of this section shall be deemed to have misbranded such products under section 4(1) of the Act. Any person sub­ ject to this section who furnishes a false or misleading affidavit under paragraph (k) of this section or fails to give the notice required by paragraph (k) of this section shall be deemed to have neglected and refused to maintain the records re­ quired by section 8(d) of the Act. § 301.39 [Am ended] 2. Section 301.39 (Rule 39) is amended by substituting the monetary amount “twenty dollars ($20)” for the monetary amount “seven dollars ($7)” wherever that term appears in such section. Sec­ tion 301.39 (Rule 39) is further amended by modifying the first sentence of para­ graph (a) of § 301.39 (Rule 39) to read as follows:

(a). Where the cost of any fur trim or other manufactured fur or furs, contained in a fur product, exclusive of any costs incident to its incorporation therein, does not exceed twenty dollars ($20) to the manufacturer of the finished fur prod­ uct, or where a manufacturer’s selling price of a fur product does not exceed twenty dollars ($20) and the provisions of paragraphs (b) and (c) of this section are met, the fur products shall be ex­ empted 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 prod­ uct 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 requirements of the Act and regulations regardless of cost of the fur used in the fur product or manufacturer’s selling price. * * * 3. Section 301.41 (Rule 41) is amended by revising paragraph (a), by revising that part of paragraph (b) appearing before the colon, by revising subpara­ graph (11) in paragraph (b), and by adding subparagraph (12) to paragraph FEDERAL REGISTER, V O L 34, NO. 7— FRIDAY, JANUARY 10, 1969

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(b), so that those parts of § 301.41 (Rule 41) read:

§ 301.41 M aintenance o f records. (a) Pursuant to section 3(e) and sec­ tion 8(d)(1), of the Act, each manu­ facturer or dealer in fur products or furs (including dressers, dyers, bleachers and processors), irrespective of whether any guaranty has been given or received, shall maintain 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 prod­ uct manufactured or handled. (b) The records to be maintained un­ der this section shall include copies of all purchase orders, sales contracts, processing and pick-up orders, invoices, business correspondence, manufacturing records, advertising matter, and all other data showing:

* * * * * (11) The sale or other disposition of each fur handled and fur product man­ ufactured or handled.

(12) That the requirements of § 301.19 (Rule 19) have been complied with. In connection with the aforesaid ac­ tion, the Commission announces that the following method may be used for detec­ tion of parts per million of iron and copper in hairs from fur pelts including hairs from mink pelts.

Procedure for detection of parts per m il­ lion of iron and copper in hairs from fur pelts including m in k hairs A recommended m ethod for preparation of samples would b e :

Carefully pluck hair samples from 10 to 15 different representative sites on th e pelt or garm ent. This can best be accomplished by using a long nose stainless steel pliers w ith a tip diam eter of one-sixteenth inch. The pliers should be inserted at the same angle as the guard hairs w ith th e tip opened to one-quarter inch. After contact w ith the hide, th e tip should be raised about onequarter inch, closed tightly and pulled quickly and firmly to remove the hair. Place an accurately weighed sample of ap­ proximately 0.1000 grams of m ink hair into a beaker w ith 20 ml. concentrated nitric acid. Evaporate ju st to dryness on a h o t plate.

If there is any organic m atter still present, add 10 ml. of concentrated nitric acid (see footnote) and again evaporate ju st to dry­ ness on a h o t plate. This step should be repeated u n til the nitric acid solution be­ comes clear to light green. Add 10 ml. of 1 percent hydrochloric acid to the dried resi­ due in the beaker. W arm on a h o t plate to Insure complete solution of th e residue. A recommended analytical procedure would be atom ic absorption spectrophotom ­ etry. In testing for iron, th e atom ic ab­ sorption instrum ent m ust have the capabil­ ity of a 2 angstrom band pass a t th e 2483 A line.

W hen analyzing for iron, th e air-acetylene flame should be as lean as possible. A reagent blank should be carried through th e entire procedure as outlined above and th e final results corrected for the am ounts of iron and copper found in th e reagent blank. F ootnote: If facilities are available for handling perchloric acid, a preferred alter- RULES AND REGULATIONS n ate to th e additional nitric acid treatm ent would be to add 2 ml. of perchloric acid and. 8 ml. of nitric acid, cover th e beaker w ith a w atch glass and allow th e solution to become clear to light green before removal of th e w atch glass and evaporation ju st to dryness. Effective date. The aforesaid amend­ ments shall become effective upon pub­ lication in the F ederal R egister. The amendments to § 301.39 (Rule 39) grant exemption and relieve restriction and may properly become effective immediately.

In connection with the proposed amendments to §§ 301.19 (Rule 19).and 301.40 (Rule 40), the Commission hereby finds that there is good cause for such amendments to become effective imme­ diately. It is found that fur auctions, where substantial numbers of fur pelts subject to the provisions of amended §§ 301.19 and 301.40 will be transferred, will occur in New York, N.Y., in January 1969.

In order that manufacturers, proces­ sors, dealers, and the purchasing public may be properly informed as to whether fur pelts transferred at such auctions and products manufactured from such pelts are to be classified as artificially colored, it is in the public interest for such amendments to be in effect reason­ ably contemporaneous with the time of the aforementioned auctions and that the pelts be properly classified at the beginning of the manufacturing and marketing processes.

The action in this proceeding is taken pursuant to the authority given to the Federal Trade Commission under para­ graph (b) of section 8 of the Fur Prod­ ucts Labeling Act (65 Stat. 179; 15 U.S.C. 69f) which provides:

(b) The Commission is authorized and di­ rected to prescribe rules and regulations gov­ erning th e m anner and form of disclosing inform ation required by th is Act, and such fu rth er rules and regulations as m ay be nec­ essary and proper for purposes of adm in­ istration and enforcem ent of th is Act. This action relative to exempted fur products is also taken pursuant tor the further authority given the Federal Trade Commission under section 2(d) of the Fur Products Labeling Act (65 Stat. 175; 15 U.S.C. 69) which provides: (d) The term “fu r product” m eans any article of wearing apparel m ade in whole or in p art of fu r or vised fur; except th a t such term shall n o t include such articles as th e Commission shall exempt by reason of th e relatively sm all quantity or value of th e fu r or used fu r contained there. Issued: January 7,1969.

By the Commission.1 [seal] J oseph W. Shea, Secretary.

[F.R. Doc. 69-326;

Filed, Jan. 9, 1969;

8:47 a.m.]