Exemptions from Requirements and Prohibitions under Part 500, Replacement Bags for Vacuum Cleaners

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 Replacement Bags for Vacuum Cleaners The Federal Trade Commission pro­ posed a new section 501.3 of the Fair FEDERAL Packaging and Labeling Act regulations, published in the F ederal R egister of April 3, 1970 (35 F.R. 5559). This pro­ posal would exempt replacement bags for vacuum cleaners from certain of the mandatory regulations of Part 500 of the regulations. The proposal was based on a conclusion that the varied shapes and sizes of vacuum cleaner bags are such that it would not be a matter of significant interest to consumers to re­ quire the quantity of contents statement of such bags to include the dimensions of the bags when the label of the package containing such bags specified the make and model of the vacuum cleaner which the bags were designed to effectively fit. Comment was invited by the publica­ tion of the proposal. Eleven industry proposals and two State weights and measures responses favored the proposal. Two industry responses favored a re­ quirement that the number of square inches of filter material per bag be spec­ ified. Two industries commented ad­ versely and suggested rewording of para­ graph (b) of the proposal. The latter adverse comments were premised on the potential of the conspicuous declaration of a make of vacuum cleaner to mislead the consumer into believing that the replacement bags were produced by the maker of the named vacuum cleaner. One adverse comment also included ref­ erence to “effectively fits” as that term was relevant to tho vacuum cleaner. It was indicated that the term “effectively fits” was not sufficiently inclusive since fitting was only one facet of the proper use of a replacement bag in a particular cleaner. One favorable comment sug­ gested the requirement that the name and place of business of the manufac­ turer, packer, or distributor appear on the lower 30 percent of the principal dis­ play panel of the package. Having considered all the comments, the Commission has concluded that the proposed exemption with some modifi­ cations in the language appearing on April 3, 1970, should be adopted. Accordingly, pursuant to the provi­ sions of the Fair Packaging and Label­ ing Act (secs. 5, 6, 80 Stat. 1298, 1299, 1300; 15 U.S.C. 1454, 1455) ; Part 501 of subchapter E is amended by adding thereto the following new section. § 501.3 Replacement bags for vacuum cleaners.

Replacement bags for vacuum clean­ ers, packaged and labeled for retail sale are exempt from the requirements of § 500.15a of this chapter which specifies how measurement of container type com­ modities should be expressed, provided: (a) The quantity of contents is ex­ pressed in terms of numerical count of the bags;

(b) A statement appears on the prin­ cipal display panel of the package ac­ curately identifying the make and model of the vacuum cleaner or cleaners in which the replacement bag is intended to effectively function; (c) The name and place of business of the manufacturer, packer, or distribu­ tor of the replacement bags, in addition to the requirements of § 500.5 of the REGISTER, VOL. 35, NO. 125— SATURDAY, JUNE iregulations, appears on the principal display panel of the package. 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, written objections thereto, specifying with par­ ticularity the provisions of the order deemed objectionable, stating the grounds therefor, and requesting a publice hearing upon such objections. Ob­ jections will be deemed sufficient to warrant the holding of a public hearing only: (1) if they establish that the ob­ jector will be adversely affected by the order; (2) if they specify with particu­ larity the provisions of the order to which objection is taken; and (3) if they are supported 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 has been stayed by the filing of objections or, if no objections 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 publication in the F ederal R egister, ex­ cept as to any provision that may be stayed by the filing of valid objections. Issued: June 23,1970.

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

[F.R. I}pc. 70-8122; Filed, June 26, 1970; 8:45 a.m.]