Regulation Under Specific Acts of Congress; Amendments

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BILLING CODE 6750-01-M 16 CFR Parts 300, 301, and 303 Regulation Under Specific Acts of Congress; Amendments AGENCY: Federal Trade Commission. a c t io n : Final rule. SUMMARY: On May 5,1980, an Act to amend the Wool Products Labeling Act of 1939, was approved, (Pub. L. 96-242,' 94 Stat. 344). The Act defines the term "recycled wool” and directs the use of this term for labeling in lieu of the previously defined terms “reprocessed wool” and “reused wool.” As a consequence, the Rules and Regulations as issued by the Federal Trade Commission under the Wool Products Labeling Act of 1939, must be amended to reflect this Congressional change in the law. Minor amendments are also needed to correct references to these terms in the Rules and Regulations issued by the Federal Trade Commission under the Fur Products Labeling Act and the Textile Fiber Products Identification Act. This notice amends all references in the regulations to “reprocessed wgol” and “reused wool” to read “recycled wool.”

e f f e c t iv e d a t e : These amendments are effective on July 4,1980. FOR FURTHER INFORMATION CONTACT: Earl W. Johnson, 202-724-1362, Attorney, Federal Trade Commission, Washington, D.C. 20580. SUPPLEMENTARY INFORMATION: The Wool Products Labeling Act of 1939 (Public No. 850, 76th Cong. 3d Sess., 15 Stat, 1128,15 U.S.C. 68 et. seq.) defined the terms “reprocessed wool” and “reused wool” and directed the use of these terms in the labeling of wool products. The Federal Trade Commission issued rules and regulations to implement this Act effective July 15,1941 (16 CFR Part 300). Congress has recently amended the Wool Act, eliminating the two terms “reprocessed” and “reused,” and defining the new term "recycled wool” to be used in their stead. (Pub. L. 96-242, 94 Stat. 344, approved May 5,1980. The original Wool Act defined the term "reprocessed wool” as:

“. . . the resulting fiber when wool has been woven or felted into a wool product

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Federal Register / Vol. 45, No. 128 / Tuesday, July 1, 1980 / Rules and Regulations 44261 which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state.”

The term “reused wool” was defined as: “. . . the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which after having been used in any way by the ultimate consumer, subsequently has been made into a fivbrous state.” The amendment to the Wool Act mandates the use of “recycled” in lieu of the two terms “reprocessed” and “reused“ and defines “recycled wool” as:

“. . . (1) the resulting fiber when wool has 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, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in anyway by the ultimate consumer, subsequently has been made into a fibrous state.” This notice amends the affected terminology used throughout the Commission’s implementing regulations issued under the Wool Act to correspond with this Congressional action.

Minor reference is made to the terms “reprocessed” and “reused”, as used in the Wool Act, in rules and regulations issued by the Commission under Fur Products Labeling Act (See 16 CFR Part 301) and the Textile Fiber Products Identification Act (See CFR Part 303). The regulations under the Fur Act contain only a single reference to wool which is located in the first example under Rule 32. [16 CFR 301.32] Rule 32 permits the label of a fur product to contain additional information when required by other statutes administered by the Commission. The first example in Rule 32 illustrates the proper label for a wool coat trimmed with fur with an interlining made of "reused wool”. These labeling requirements are derived from the Wool Act and the Fur Act. Thus, that section of the regulations under the Fur Act, which illustrates requirements of the Wool Act, should be amended to correspond to the new requirements of the Wool Act as amended. The regulations under the Textile Act contain, under Rule 1, Terms Defined, the definition of “wool,” “repocessed wool” and “reused wool”. [16 CFR 303.1] Thereafter, under Rule 6, "Generic Names to Be Used", the use of these three terms is required when a textile fiber product contains any one or more of the fibers, as defined, in an amount of five per centum or more. [16 CFR 303.6] These provisions were added to the Textile Act to obtain uniformity in terminology used to label wool fibers under both the Textile Act and the Wool A ct This uniformity should be maintained by amending these terms in the Textile Act to conform with the amendment under the Wool Act. This notice also amends these regulations to reflect the Congressional action. It is the policy of the Federal Trade Commission to allow time for interested parties to take part in the rulemaking process including the amendment of rules. However, § 1.26(b) of Commission’s rules of procedure provides an exception to this requirement if the Commission, for good cause, finds it unnecessary to the public interest and incorporates such findings and a brief statement of the reasons therefor in the rule. The amendments being made at this time are mandated by Congress. The changes are administrative in nature and not discretionary. Accordingly, the opportunity for public comment is deemed unnecessary.

Accordingly, pursuant to the authority contained in Section 6 of the Wool Products Labeling Act of 1939 (15 U.S.C. 68d.) Section 7 of the Textile Fiber Products Identification Act (15 U.S.C. 70(e).) and Section 8 of the Fur Products Labeling Act (15 U.S.C. 69(f).), the Commission gives notice of the following amendments, effective July 4, 1980:

PART 300—RULES AND REGULATIONS UNDER THE WOOL PRODUCTS LABELING ACT OF 1939 A.

16 CFR Part 300 is amended as follows:

1. Section 300.1 is amended by revising paragraph (a) as follows: § 300.1 Terms defined.

(a) The term “Act” means the Wool Products Labeling Act of 1939 (approved October 14,1940, Public No. 850, 76th Congress, Third Session, 54 Stat. 1128, 15 U .S.C 68 et. seq. as amended by Pub. L. 96-242, 94 Stat. 344). 2. Section 300.3 is amended by revising paragraph (b) as follows: §300.3 Revised label information. dr dr dr dr , dr (b) In disclosing the constituent fibers in information required by the Act and regulations or in any non-required information, no fiber present in the amount of less than five percentum shall be designated by .its generic name or fiber trademark but shall be designated as “other fiber,” except that the percentage of wool or recycled wool shall always be stated, in accordance with Section 4(a)(2)(A) of the Act. Where more than one of such fibers, other than wool or recycled wool, are present in amounts of less than five per centum, they shall be designated in the aggregate as “other fibers.” Provided, however, that nothing contained herein shall prevent the disclosure of any fiber present in the product which has a clearly established and definite functional significance where present in the amount stated and the functional significance of such fiber is clearly and non-deceptively stated on the label in conjunction with such disclosure. 3. Section 300.8 is amended by revising paragraph (a) as follows: § 300.8 Use of fiber trademark and generic names.

(a) Except where another name is required or permitted under the Act or regulations, the respective common generic name of the fiber shall be used when naming fibers in the required information; as for example, “wool,” “recycled wool,” “cotton," “rayon,” “silk,” “linen,” “acetate,” “nylon,” “polyester.”

* * * * * 4. Section 300.10 is amended by deleting the word “reused” in the example and substituting the word “recycled.”

5. Section 300,16 is amended by deleting the word “reused” in each of the examples and substituting the word “recycled” in each place. 6. Section 30(1.17 is amended by revising the text as follows: § 300.17 Use of the term “ail” or “100%.” Where the fabric or product to which the stamp, tag, label, or mark of identification applies is composed wholly of one kind of fiber, either the word “all” or the term “100%” may be used with the correct fiber name; as for example “100% Wool,” “All Wool,” "100% Recycled Wool," “All Recycled Wool.” If any such product is composed wholly of one fiber with the exception of fiber ornamentation not exceeding 5%, such term “all” or “100%” as qualifying the name of the fiber may be used, provided it is immediately followed by the phrase “exclusive of ornamentation,” or by a phrase of like meaning; such as, for example: “All Wool—Exclusive of Ornamentation”

or “100% Wool—Exclusive of Ornamentation.”

7. Section 300.18 is amended by revising paragraph (a)l as follows:

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44262 Federal Register / Vol. 45, No. 128 / Tuesday, July 1, 1980 / Rules and Regulations § 300.18 Use of name of specialty fiber. (a) In setting forth the required fiber content of a product containing any of the specialty fibers named in Section 2(b) of the Act, the name of the specialty fiber present may be used in lieu of the word “wool,” provided the percentage of each named specialty fiber is given, and provided further that the name of the specialty fiber so used is qualified by the word “recycled” when the fiber referred to is “recycled wool” as defined in the Act. The following are examples of fiber content designation permitted under this rule:

“55% Alpaca—45% Camel Hair” “50% Recycled Camel Hair—50% Wool” “60% Recycled Alpaca—40% Rayon” “35% Recycled Llama—35% Recycled Vicuna—30% Cotton”

“60% Cotton—40% Recycled Llama.” * /* * * * * * 8.

Section 300.19 is amended by revising paragraph (a) as follows: §300.19 Use of terms “mohair” and “cashmere.”

(a) In setting forth the required fiber content of a product containing hair of the Angora goat known as mohair or containing hair or fleece of the Cashmere goat known as cashmere, the term “mohair” or “cashmere,” respectively, may be used for such fiber in lieu of the word "wool,” provided the respective percentage of each such fiber designated as “mohair” or “cashmere” is given, and provided further that such term “mohair” or “cashmere” where used is qualified by the word “recycled” when the fiber referred to is “recycled wool” as defined in the Act. The following are examples of fiber content designations permitted under this rule: “50% Mohair—50% Wool"

“60% Recycled Mohair—40% Cashmere” “60% Cotton—40% Recycled Cashmere.” * * * * Hr * 9. Section 300.24 is amended by revising paragraph (a)(1) as follows: § 300.24 Lining, paddings, stiffening, trimmings and facings.

(a) * * * (1) if such linings, trimmings or facings contain, purport to contain or are represented as containing wool, or recycled wool; or ★ * * * * 10. Section 300.26 is amended by deleting the word “reused” in the second example and substituting the word “recycled.”

11. Section 300.27 is amended by deleting the word “reprocessed” in the example and substituting the word “recycled.”

12. Section 300.28 is amended by revising paragraphs (b), (c), (d), and (e) as follows:

§ 300.28 Undetermined quantities of reclaimed fibers.

(a) * * * (b) Where a wool product is composed in part of wool, or recycled would and in part of unknown and, for practical purposes, undeterminable non­ woolen fibers reclaimed from any spun, woven, knitted, felted, braided, bonded or otherwise manufactured or used product, the required fiber content disclosure may, when truthfully applicable, in lieu of the fiber content disclosure otherwise required by the Act and regulations, set forth (1) the percentages of wool or recycled wool, and (2) the generic names and the percentages of all other fibers whose presence is known or practically ascertainable and (3) the percentage of the unknown and undeterminable reclaimed fibers, designating such reclaimed fibers as “unknown reclaimed fibers” or “undetermined reclaimed fibers,” as for example: "75% Recycled Wool—25% Unknown Reclaimed Fibers.”

"35% Recycled Wool—30% Acetate— 15% Cotton—20% Undetermined Reclaimed Fibers.”

In making the required fiber content disclosure any fibers referred to as “unknown reclaimed fibers” or “undetermined reclaimed fibers” shall be listed last.

(c) The terms “unknown recycled fibers” and “undetermined recyled fibers” may be used in describing the unknown and undeterminable reclaimed fibers referred to in paragraph (b) of this rule in lieu of the terms specified therein, provided, however, that the same standard is used in determining the applicability of the term “recycled” as is used in defining “recycled wool” in Section 2(c) of the Act. (d) For purposes of this rule undetermined or unascertained amounts of wool or recycled wool may be classified and designated as recycled wool.

(e) Nothing contained in this rule shall excuse a full and accurate disclosure of fiber content with correct percentages if the same is known or practically ascertainable, or permit a deviation from the requirements of Section 4(a)(2)(A) of the Act with respect to products not labeled under the provisions of this rule or permit a higher classification of wool or recycled wool than that provided by Section 2 of the Act.

13.

Section 300.29 is amended by revising paragraphs (a) and (d) as follows:

§ 300.29 Garments or products composed of or containing miscellaneous cloth scraps.

(a) * * * (1) Where the product contains chiefly cotton as well as woolen fibers in the minimum percentage designated for recycled wool:' “Made of Miscellaneous Cloth Scraps Composed Chiefly of Cotton With Minimum o f----- % Recycled Wool.” , (2) Where the product contains chiefly rayon as well as woolen fibers in the minimum percentage designated for recycled wool:

“Made of Miscellaneous Cloth Scraps Composed Chiefly of Rayon With Minimum of -— -% Recycled Wool.” (3) Where the product is composed chiefly of a mixture of cotton and rayon as well as woolen fibers in the minimum percentage designated for recycled wool:

“Made of Miscellaneous Cloth Scraps Composed Chiefly of Cotton and Rayon With Minimum o f----- % Recycled Wool.”

(4) Where the product contains chiefly woolen fibers with the balance of undetermined mixtures of cotton, rayon or other non-woolen fibers: “Made of Miscellaneous Cloth Scraps Containing Cotton, Rayon and Other Non-Woolen Fibers, With Minimum of ------% Recycled Wool.” (b) * * * (c) * * * (d) For purposes of this rule, undetermined or unascertained amounts of wool or recycled wool which may be contained in the product may be classified and designated as recycled wool.

14.

Section 300.31 is amended by revising paragraph (a)(1) as follows: § 300.31 Maintenance of records. (a) * * * (1) The percentage by weight of wool, recycled wool, and of each fiber other than wool, placed in the respective wool products of such manufacturer in the form of fiber, yarn, fabric or other form; * * Hr * *

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Federal Register / Vol. 45, No. 128 / Tuesday, July 1, 1980 / Rules and Regulations 44263 PART 301—RULES AND REGULATIONS UNDER FUR PRODUCTS LABELING ACT B. 16 CFR Part 301 is amended as follows:

1.

Section 301.32 is amended by deleting the word “reused” in the first example in paragraph (a) and substituting the word "recycled.” PART 303—RULES AND REGULATIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT C. 16 CFR Part 303 is amended as follows:

1. Section 303.1 is amended by deleting paragraphs (t) and (u) and adding a new paragraph (t) as follows: § 303.1 Terms defined.

* * * * * (t) The term “recycled wool” means (1) the resulting fiber when wool has 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, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in any way by the ultimate consumer, subsequently has been made into a fibrous state.

2. Section 303.6 is amended by revising paragraph (d) as follows: § 303.6 Generic names of fibers to be used.

* * * * * (d) Where textile fiber products subject to the Act contain (1) wool or (2) recycled wool in amounts of five percentum or more of the total fiber weight, such fibers shall be designated and disclosed as wool or recycled wool as the case may be.

By direction of the Commission. Carol M. Thomas, Secretary.

(FR Doc. 80-19763 Filed 6-30-80; 8:45 am]