Preserve Manufacturing Industry

16 CFR Part 114 · Trade practice rules · in the Code of Federal Regulations 1938-1978 (15 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1978 CFR · Earliest edition: 1938 CFR

Text (1978 edition, OCR)

§ 114.1

PART 114—PRESERVE
MANUFACTURING INDUSTRY *

Group I
Sec.

114.1 Falsely advertising,
branding preserves.

114.2 Disclosure in respect to imitations.
114.3 False invoicing.

AvutuHority: Secs. 6(g), 5, 38 Stat. 722, 719;
15 U.S.C. 46(g), 45, unless otherwise noted.

Source: Trade practice rules, Preserve
Manufacturing Industry, FTC, Sept. 12,
1936, unless otherwise noted.

$114.1 Falsely advertising,
branding preserves.

The practice of selling, advertising,
describing, branding, marking, labeling
or packing of fruit preserves, fruit
jams, fruit jellies or apple butter, or
any simulation.thereof, in a manner
which is calculated to mislead or de-
ceive, or has the tendency and capac-
ity or effect of misleading or deceiv-
ing, purchasers, prospective purchas-
ers or the consuming public, with re-
spect to the character, nature, con-
tent, grade, quality, quantity, sub-
stance, material, preparation or manu-
facture of such product, or in any
other material respect, is an unfair
trade practice. For purposes of this
section:

(a) Preserve, fruit preserve, jam,
fruit jam, are understood to mean the
clean, sound fruit product possessing
definite characteristic flavor of the
preserved fruit or fruits named on the
label, made by cooking or concentrat-
ing to a suitable consistency prcperly
prepared, clean, sound, entire edible
portion of fresh fruit, cold-packed
fruit, canned fruit, or a mixture of two
or all of these, with sugar or with
sugar and water, with or without spice
or vinegar, or with such harmless or-
ganic acids as may be necessary to
compensate for natural acid deficiency
of the particular fruit used, but ex-
cluding acids or acid salts generally
recognized as chemical preservatives,

marking or

marking or

‘This part does not, in any respect, sup-
plant or relieve anyone of the necessity of
complying with the legal requirements of
the pure food laws or other provisions of
law. They are established under the Federal
Trade Commission Act for the purpose of
more effectively stamping out unfair com-
petitive practices in the interest of the
public, and to assist in general law enforce-
ment to this end.

Title 16—Commercial Practices

and in the preparation of which fruit
product there is used not less than
forty-five (45) pounds of actual fruit
to each fifty-five (55) pounds of sugar.
In the case of fruits deficient in
pectin, or whose composition or tex-
ture prevent the preparation of pre-
serve or jam as defined herein of the
desired consistency, nothing herein
shall prevent the addition of small
quantities of pectin or pectinous mate-
rial: Provided, however, That if such
pectin or pectinous material is added,
the ratio of not less than forty-five
(45) pounds of fruit to each fifty-five
(55) pounds of sugar be maintained,
and the finished product containing
such added pectin shall contain not
less than sixty-eight (68) percent
water-soluble solids derived from the
fruit and sugar used in its manufac-
ture, as determined by refractometer
at twenty degrees (20°) centigrade
without correction for the insoluble
solids present.

(b) Jelly, fruit jelly, is understood to
mean the clean, sound semisolid, gelat-
inous fruit product possessing definite
characteristic flavor of the fruit or
fruits named on the label, made by
concentrating to a suitable consistency
the strained juice, or the water ex-
tract, from fresh fruit, from cold-
packed fruit, from canned fruit, or
from a mixture of two or all of these,
with sugar. In the case of fruits whose
composition prevents the preparation
of jelly of the proper texture, nothing
herein contained shall prevent the use
of the small quantity of pectin or pec-
tinous material necessary to produce
the proper consistency; and in the use
of fruits having a natural acid defi-
ciency, nothing herein shall prevent
the use of such harmless organic acids
as may be necessary to compensate for
natural acid deficiency of the particu-
lar fruit used, but excluding acids or
acid salts generally recognized as
chemical preservatives: Provided, how-
ever, That such jelly containing such
added pectin or pectinous material or
such added acidulants shall contain
not less than sixty-five (65) percent
water-soluble solids derived from the
fruit and sugar used in its manufac-
ture, as determined by refractometer
at twenty degrees (20°) centigrade, and
its comnposition shall correspond to a

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Chapter I—Federal Trade Cammissian

ratio of not less than fifty (50) pounds
of actual pure fruit juice, exclusive of
added water, to each fifty (50) pounds
of sugar in the original batch.

(c) Apple butter is understood to
mean the clean, sound product inade
by cooking or concentrating with
sugar or apple juice, or both, the prop-

. erly prepared, clean, sound, edible por-
tion of apples (either fresh, cold-
packed, canned, or evaporated) to a
homogeneous semisoiid consistency
with or without vinegar, salt and spice,
or with such harmless organic acids as
may be necessary to compensate for
natural acid deficiency of the fruit
used, but excluding acids or acid salts
generally recognized as chemical pre-
servatives; and which apple butter
contains not less than forty-three (43)
percent water-soluble solids as deter-
mined by refractometer at twenty de-
grees (20°) centigrade without correc-
tion for the insoluble solids present,
and be prepared with not more than
twenty (20) pounds of sugar to each
fifty (50) pounds of such edibie por-
tion of fresh apples, or of their equiv-
alent in cold-packed, canned, or evapo-
rated apples, exclusive of the cores,
seeds and skins.

(d) Corn syrup preserve, corn syrup
jam, corn syrup jelly and corn syrup
apple buttcr are understood to be fruit
products conforming respectively to
those specified in paragraphs (a), (b)
and (c) of this section but in the man-
ufacture of which corn syrup has been
substituted wholly for sugar. Corn
syrup and sugar preserves, corn syrup
and sugar jam, corn syrup and sugar
jelly, and corn syrup and sugar apple
butter are understood to be fruit prod-
ucts conforming respectively to those
specified in paragraphs (a), (b) and (c)
of this section, but in the manufacture
of which a combination of corn syrup
with a substantial amount of sugar
has been substituted for all sugar. Ad-
vertising, representing, branding or la-
beling of any such products as pre-
serve, jam, jelly or appie butter with-
out fully disclosing that the product is
such corn syrup or corn syrup and
sugar preserve, jam, jelly, or apple
butter, as the case may be, with the
capacity and tendency or effect of mis-
leading or deceiving purchasers, pro-
spective purchasers or the consuming
public, is an unfair trade practice

§ 114.2

within the ineaning of this section.

(e) Honey preserve, honey jam,
honey jelly, honey apple butter, are
understood to mean fruit products
conforming respectively to those speci-
fied in paragraphs (a), (b), and (c) of
this section but in the manufacture of
which honey has been substituted
wholly for sugar. Advertising, repre-
senting, branding or iabeling of any
such honey product without fully dis-
closing that the same is honey pre-
serve, honey jam, honey jelly or honey
apple butter, as the case may be, or
without setting forth the word
“honey” as prominently or conspicu-
ously as any other word used as de-
scriptive of the product, with the ca-
pacity and tendency or effect of mis-
leading or deceiving purchasers, pro-
spective purchasers or the consuming
public, is an unfair trade practice
within the meaning of this section. .

(f) When advertising, representing,
branding or labeling any preserve, jam
or jelly containing substantial
amounts of two or more fruits, al-
though made in conformity with the
applicable requirements of paragraphs
marked (a), (b), (d) or (e) of this sec-
tion, the kinds of fruit so contained in
such products should be prominently
and conspicuously disclosed and
named on the label in the order of
their predominance by weight. Adver-
tising, representing, branding or label-
ing of any preserve, jam or jelly as
containing two or more fruits when
each such fruit is not present in sub-
stantial and characterising amounts,
with the capacity and tendency or
effect of misleading or deceiving pur-
chasers, prospective purchasers or the
consuming public, is an unfair trade
practice within the meaning of this
section.

(g) The word sugar as used in this
section means sucrose or dextrose, or a
combination thereof.

§ 114.2 Disclosure in respect to imitations.

The practice of advertising, labeling,
branding, selling or offering for sale
an imitation preserve, jam, jelly, or
apple butter, without clearly and
prominently disclosing therein that
the product is such imitation, with the
tendency and capacity or effect of mis-
leading or deceiving purchasers, pro-
spective purchasers or the consuming

415


§ 114.3

public, is an unfair trade practice. For
purposes of this section:

(a) Products which contain a smaller
proportion of fruit than specified in
the applicable requirements set forth
in § 114.1 (a), (b), (c), (d) and (e), or
which otherwise fail to conform with
the applicable minimum requirements
set forth m such paragraphs, respec-
tively, and which simulate or imitate
preserves, jams, jellies or apple butter
as described in such paragraphs, and
which are used or sold for the same
purpose, except fruit pie filling, fruit
sauce, fruit butter other than apple
butter, mint, wine and calvesfoot jel-
lies, described, represented, labeled
and sold as such, and preserved citrus
fruit products, is understood to be imi-
tation preserve, imitation jam, imita-
tion jelly or imitation apple butter, re-
spectively; and to avoid deception and
confusion of the purchasing public
they should be described, represented,
labeled and sold as such respective
imitation products.

§ 114.3 False invoicing.

Withholding from or inserting in the
invoice statements which make the in-
voice a false record, wholly or in part,
of the transaction represented on the
face thereof, with the purpose or
effect of misleading or deceiving pur-
chasers, prospective purchasers or the
consuming public, is an unfair trade
practice.

PART 117—SCHOOL SUPPLY AND
EQUIPMENT IHDUSTRY

Sec.
117.0 Definitions;
products.

the industry and its

Grour lI

117.1 Misrepresentation and misbranding
in general. :
117.2 Misrepresentation as to character of

‘business.

117.3. Misrepresenting products as con-
forming to standard or specification.

117.4 Deceptive pricing.

117.5 Guarantees, warranties, etc.

117.6 Substitution of products.

117.7 Deceptive use of trade or corporate
names, trade-marks, etc.

117.8 Passing off through imitation or sim-
ulation of trade-marks, trade names, etc.

117.9 Deceptive invoicing.

Title 16—Cammercial Practices

Sec.

117.10 Defamation of competitors or inter-
fering with or disparaging their prod-
ucts.

117.11 Inducing breach of contract.

117.12 Enticing away employees of com-
petitors.

117.13 Commercial bribery.

117.14 Procurement of competitors’ confi-
dential information.

117.15 Tie-in sales; coercing purchase of
one product as a prerequisite to the pur-
chase of other products.

117.16 Unfair threats of infringement
suits.

117.17 Prohibited sales below cost.

117.18 Exclusive deals.

117.19 Prohibited forms of trade restraints
(unlawful price fixing, etc.).

117.20 Consignment distribution.

117.21 Use of the word “free.”

117.22 Prohibited discrimination.

117.23 Aiding or abetting use of unfair
trade practices.

AUTHORITY: Secs. 6, 5, 38 Stat. 721, 719; 15

U.S.C. 46, 45, unless otherwise noted.

Source: 22 FR 2935, Apr. 26, 1957, unless
otherwise noted.

§ 117.0 Definitions; the industry and its
products.

(a) Products of this industry consist
of equipment and supplies for schools,
colleges, universities, and other educa-
tional institutions or organizations.
Such products include, but are not
limited to, pencils, paper, crayons,
chalk, chalkboards, book covers, desks,
chairs, addressmg and duplicatmg ma-
chines, flags and banners, maps, labo-
ratory and vocational equipment and
supplies, building mamtenance and
sanitary equipment and supplies, and
outdoor and indoor playground equip-
ment. Text books are not included.

(b) Members of the industry are per-
sons, firms, corporations, and organi-
zations engaged in the manufacture,
sale, or distribution of such equipment
and supplies.

Group I

§117.1. Misrepresentation and misbrand-
ing in general.

It is an unfair trade practice to make
or publish, or cause to be made or pub-
lished, by way of advertising, labeling
or otherwise, any statement or repre-
sentation which, directly or by impli-
cation, has the capacity and tendency
or effect of misleading or deceiving

416