Ripe Olive Industry

16 CFR Part 148 · Trade practice rules · in the Code of Federal Regulations 1943-1976 (12 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1976 CFR · Earliest edition: 1943 CFR

Text (1976 edition, OCR)

§ 148.1
PART 148—RIPE OLIVE INDUSTRY
Group I

Sec.

148.1 Definition.

1482 Olives unfit for canning or packing.

1483 Misrepresentation of industry prod-
ucts.

148.4 Deceptive depictions.

148.5 Deceptive concealment.

148.6 Substitution of products.

148.7 Defamation of competitors or dispar-
agement of their products.

148.8 Commercial bribery.

148.9 Inducing breach of contract.

148.10 Enticing away employees of competi-
tors.

148.11 Discrimination.

148.12 Aiding or abetting use of unfair

trade practitces.
Group II

148.101 Repudiation of contracts.
148.102 Fake or fictitious bids.

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

Source: 5 F.R, 2226, June 14, 1960, unless
otherwise noted.

GrovuPl

8148.1 Definition.

For the purpose of this part and in.its
application the following definition shall
apply:

“Olives unfit for canning or packing—
Olives shall be deemed unfit for can-
ning or packing which are unclean,
immature, moldly, overripe, infested
with fungus, rot, or other defects, or
which are in any manner unwholesome.
(Sec. 1, 38 Stat. 730; 15 U.S.C. 12)

§ 148.2 Olives unfit for canning or
packaging.

It is an unfair trade practice to
sell, offer for sale, advertise, describe,
or otherwise represent, directly or indi-
rectly, olives of unfit quality for canning
or packing as described m § 148.1, as and
for olives of canning or packing quality.

§ 148.3 Misrepresentation of industry
products.

The practice of selling, advertising,
describmg or otherwise representing,
ripe olives, or ripe olive products, in
a manner which is calculated to mis-
lead or deceive, or has the capacity
and tendency or effect of misleading or
deceiving the purchasing or consuming
public with respect to the character, na-
ture, content, brand, grade, variety,

Title 16——Commercial Practices

quality, quantity, origin, substance, ma-
terial, size, preparation, packing, distri-
bution, or manufacture of such products,
or in any other material respect, is an
unfair trade practice.

§ 148.4 Deceptive depictions.

It is an unfair trade practice to use in
relation to industry products any photo-
graph, cut, engraving, insignia, vignette,
design, illustration, or pictorial or other
depiction or device (in catalogs, sales
literature, advertisements, or other rep-
resentations) which has the capacity
and tendency or effect of misleading or
deceiving the purchasing or consuming
public respecting the character, nature,
content, brand, grade, variety, quality,
quantity, origin, substance, material,
size, preparation, packing, distribution,
or manufacture of any such products of
the industry; or which is false, mislead-
ing, or deceptive in any other respect.

§ 148.5 Deceptive concealment.

In the interest of protecting purchas-
ers and preserving fair competition in
the industry, full and nondeceptive dis-
closure should be made by members of
the industry in their advertising, sales
literature, and other selling representa-
tions of the quality, quantity, and size of
the olives packed in cans or other opaque
containers and offered for sale. Con-
cealment of such information or the
nondisclosure thereof, where practiced
by the seller with the capacity and tend-
ency or effect of thereby misleading
or deceiving the purchasing or consum-
ing public, is an unfair trade practice.

§ 148.6 Substimtion of products.

The practice of shipping or delivering
products which do not conform to sam-
ples submitted, to specifications upon
which the sale is consummated, or to
representations made prior to securing
the order, without the consent of the
purchasers to such substitutlons, or with
the capacity and tendency or effect of
misleading or deceiving the purchasing
or consuming public, is an unfair trade
practice.

§ 148.7 Defamation of competitors or
disparagement of their products.

‘The defamation of competitors by
faisely imputing to them dishonorable
conduct, inability to perform contracts,
questionable credit standing, or by other
false representations, or the false dis-
paragement of the grade, quality, or

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Chapter I—Federal

manufacture of the products of com-
petitors, or of their business methods,
selling prices, values, credit terms,
policies, or services, is an unfair trade
practice.

§ 148.8 Commercial bribery.

It is an unfair trade practice for
@ member of the industry, directly
or indirectly, to give, or offer to give,
or permit or cause to be given, money
or anything of value to agents, em-
ployees, or representatives of customers
or prospective customers, or to agents,
employees, or representatives of com-
petitors’ customers or prospective cus-
tomers, without the knowledge of their
employers or principals, as an in-
ducement to influence their employers or
principals to purchase or contract to
purchase products manufactured or sold
by such industry member or the maker
of such gift or offer, or to Influence such
employers or principals to refrain from
dealing m the products of competitors or
from dealing or contracting to deal with
competitors.

§ 148.9 Inducing breach of contract.

Inducing or attempting to induce the
breach of existing lawful contracts be-
tween competitors and their customers
or their suppliers by any false or decep-
tive means whatsoever, or interfering
with or obstructing tle performance of
any such contractual duties or services
by any such means, with the purpose and
effect of unduly hampering, injuring, or
prejudicing competitors in their busi-
nesses, is an unfair trade practice.

§ 148.10 Enticing away employees of
competitors.

Willfully enticmg away the eimn-
ployees of competitors with the pur-
pose and effect of unduly hainpering, in-
juring, or prejudicing competitors in
their businesses is an unfair trade prac-
tice.

§ 148.11 Discrimination.

(a) Prohibited discriminatory prices,
or rebates, refunds, discounts, credits.
ete, which effect unlawful price
discrimination. It is an unfair trade
practice for any member of the
industry engaged in commerce, in
the course of such commerce, to grant or
allow, secretly or openly, directly or in-
directly, any rebate, refund, discount,
credit, or other form of price differential,
where such rebate, refund, discount,
credit, or other form of price differential

Trade Commission § 148.11
effects a discrimination in price between
different purchasers of goods of like
grade and quality, where either or any
of the purchases involved therein are
in commerce, and where the effect
thereof may be substantially to lessen
competition or tend to create a monopoly
in any line of commerce, or to injure,
destroy, or prevent competition with any
person who either grants or knowingly
receives the benefit of such discrimina-
tion or with customers of either of them:
Provided however, (1) That the goods
involved in any such transaction are sold
for use, consumption, or resale within
any place under the jurisdiction of the
United States;

(2) That nothing contained in this
section shall prevent differentials which
make only due allowance for differences
in the cost:of manufacture, sale, or de-
livery resulting from the differing meth-
ods or quantities in which such commod-
ities are to such purchasers sold or
delivered;

(3) That nothing contained in this
section shall prevent persons engaged in
selling goods, wares, or merchandise in
commerce from selecting their own cus-
tomers in bona fide transactions and not
in restraint of trade;

(4) That nothing contained in this
section shall prevent price changes from
time to time where made in response to
changing conditions affecting either (i)
the market for the goods concerned, or
Gi) the marketability of the goods, such
as, but not limited to, actual or imminent
deterioration of perishable goods, obso-
lescense of seasonal goods, distress sales
under court process, or sales in good faith
in discontinuance of business in the
goods concerned.

(b) Prohibited brokerage and commis-
sions. It is an unfair trade practice for
any member of the industry engaged in
commerce, in the course of such com-
merce, to pay or grant, or to receive or
accept, anything of value as a commis-
sion, brokerage, or other compensation,
or any allowance or discount in lieu
thereof, except for services rendered in
connection with the sale or purchase of
goods, wares, or merchandise, either to
the other party to such transaction or to
an agent, representative, or other inter-
mediary therein where such intermedi-
ary is acting in fact for or in behalf, or is
subject to the direct or indirect control,
of any party to such transaction other
than the person by whom such compen-
sation is so granted or paid.

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58-063—76——_42


§ 148.12

(ce) Prohibited advertising or promo-
tional allowances, etc. It is an unfair
trade practice for any member of the
industry engaged in commerce to pay
or contract for the payment of advertis-
ing or promotional allowances or any
other thing of value to or for the benefit
of a customer of such member in the
course of such commerce as compensa-
tion or in consideration for any services
or facilities furnished by or through such
customer in connection with the process-
ing, handling, sale, or offering for sale
of any products or commodities manu-
factured, sold, or offered for sale by such
member, unless such payment or consid-
eration is available on proportionally
equal terms to all other customers com-
peting in the distribution of such prod-
ucts or commodities.

(d) Prohibited discriminatory services
or facilities. It is an unfair trade prac-
tice for any member of the industry en-
gaged in commerce to discriminate in
favor of one purchaser against another
purchaser or purchasers of a commodity
bought for resale, with or without proc-
essing, by contracting to furnish or
furnishing, or by contributing to the fur-
nishing of, any services or facilities con-
nected with the processing, handling,
sale, or offering for sale of such com-
modity so purchased upon terms not ac-
corded to ail purchasers on propor-
tionally equal terms.

(e) Inducing or receiving an illegal
discrimination in price. It is an unfair
trade practice for any member of the
industry engaged in commerce in the
course of such commerce, knowingly to
induce or receive a discrimination in
price which is prohibited by the fore-
going provisions of this section.

(f) Purchases by schools, colleges, unt-
versities, public libraries, churches, hos-
pitals, and charitable institutions not
operated for profit. The foregoing pro-
visions of this section relate to practices
within the purview of the Robinson-
Patman Antidiscrimination Act, which
act and the application thereunder of
this section are subject to the limita-
tions expressed in the amendment to
such Robinson-Patman Antidiscrimina-
tion Act, which amendment was ap-
proved May 26, 1938, and reads as fol-
lows:

Be tt enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That noth-
ing In the Act approved June 19, 1986 (Pub-
lle, Numbered 692, Seventy-fourth Congress,

Title 16—Commercial Practices

second session), known as the Robinson-
Patman Antidiscrimination Act, shall apply
to purchases of their supplies for their own
use by schools, colleges, universities, public
libraries, churches, hospitals, and charitable
institutions not operated for profit.

(Sec, 2, 838 Stat. 780, as amended, secs. 2, 3, 4,
49 Stat. 1527, 1528, ch. 283, 52 Stat. 446; 15
U.S.C. 18, 18a, 18b, 18¢, 21a)

§ 148.12 Aiding or abetting use of un-

fair trade practices,

It is an unfair trade practice for any
person, firm, or corporation to ald, abet,
coerce, or induce another, directly or
indirectly, to use or promote the use of
any unfair trade practice specified in
this part.

Group II

§ 148.101 Repudiation of contracts.

Lawful contracts are business obliga-
tions which should be performed in letter
and in spirit. The repudiation of con-
tracts by sellers on a rising market or
by buyers on a declining market is con-
demned by the industry.

§ 148.102 Fake or fictitious bids.

The industry condemns fake or ficti-
tious bids made for the purpose of de-
ceiving competitors and securing undue
advantage. If plans and specifications
are changed and new bids called for after
the original bids have been submitted
and opened, the same fairness should
obtain as with the original bids.

PART 149—RESISTANCE WELDER
MANUFACTURING INDUSTRY

Group I

Sec.

149.1 Misrepresentation of industry prod-
ucts.

149.2 Misbranding.

149.3 False invoicing.

149.4 Deception as to rebuilt or second-
hand, products.

149.6 Misrepresentation as to character of
business. .

149.6 Imitation of trade-marks, trade
names, etc.

149.7. Inducing breach of contract.

149.8 Substitution of products.

149.9 Defamation of competitors or dis-
paragement of their products.

149.10 Procurement of competitors’ confi-
dential information by unfair
means and wrongful use thereof.

149.11 Commercial bribery.

149.12 Enticing away employees of com-
petitors.

149.18 Consignment distribution.

149.14 Discrimination.

149.15 Aiding or abetting use of unfair

trade practices.

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