FTC Federal Register notice, June 12, 1970, 35 FR 9107
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No. 11' -2 FEDERAL REGISTER, VOL. 35, NO. 114— FRIDAY, JUNE 12, 1970
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RULES AND REGULATIONS Title 16— COMMERCIAL PRACTICES Chapter I— Federal Trade Commission SUBCHAPTER E— RULES, REGULATIONS, STATE MENTS OF GENERAL POLICY OR INTERPRETA TION AND EXEMPTIONS UNDER THE FAIR PACKAGING AND LABELING ACT PART 501— EXEMPTIONS FROM RE QUIREMENTS AND PROHIBITIONS UNDER PART 500 Christmas Tree Ornaments The Federal Trade Commission on April 3, 1970 (35 F.R. 5558) proposed a new § 501.2 of the Fair Packaging and Labeling Act regulations which would exempt Christmas tree ornaments from certain of the mandatory requirements of Part 500 of'the regulations. The pro posal would permit such ornaments which are so packaged as to be visible to the retail purchaser at the time of purchase, to omit size or dimensions from the required declaration of con tents provided the declaration expresses the quantity in terms of numerical count of the ornaments.
In response to an inyitation to inter ested parties to comment only one such comment was received, and this com ment concurred with the proposed ex emption. The Commission has there fore concluded that the exemption as proposed should be adopted. Accordingly, pursuant to the provi sions of the Fair Packaging and Label ing Act (sections 5, 6, 80 Stat. 1289, 1299, 1300; 15-U.S.C. 1454, 1455), Part 501 of Subchapter E is amended by adding the following new section.
§ 501.2 Christmas tree ornaments. Christmas tree ornaments packaged and labeled for retail sale are exempt from the net quantity statement require ments of Part 500 of this chapter which specify how the net quantity statement should be expressed, provided: (a) The quantity of contents is ex pressed in terms of numerical count of the ornaments, and (b) The ornaments are so packaged that the ornaments are clearly visible to the retail purchaser at the time of purchase.
Any person who will be adversely af fected by the foregoing order may at any time within 30 days from the date of its publication in the F ederal R egister file with the Secretary, Federal Trade Com mission, Washington, D.C. 20580, writ ten objections thereto, specifying with particularity the provisions of the order deemed objectionable, s t a t i n g the grounds therefor, and requesting a pub lic hearing upon such objections. Objec tions will be deemed sufficient to warrant the holding of a public hearing only : (1) If they establish that the objector will be adversely affected by the order; (2) if they specify with particularity the provisions of the order to which objec tion is taken; and (3) if they are sup ported by reasonable grounds which if valid and factually supported may be adequate to justify the relief sought. Anyone who files objections which are not deemed by the Commission sufficient to warrant the holding of a public hear ing will be promptly notified of that determination.
As soon as practicable after the time for filing objections has expired, the Commission will publish a notice in the F ederal R egister specifying those parts of the order which have been stayed by the filing of objections or, if no objec tions sufficient to warrant the holding of a public hearing have been filed, stating the fact. This order shall become effec tive 30 days following the date of its pub lication in the F ederal R egister, except as to any provision that may be stayed by the filing of valid objections. Issued: June 9,1970.
By direction of the Commission. [ seal] J oseph W. Shea, Secretary.
[F.R. Doc. 70-7362; Piled, June 11, 1970; 8:49 a.m.]