Waste Paper Dealers And Packers
16 CFR Part 81 · Trade practice rules · in the Code of Federal Regulations 1938-1973 (11 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 These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.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, 1973 CFR · Earliest edition: 1938 CFR
Text (1973 edition, OCR)
Chapter I—Federal Trade Commission thing of value to agents, employees, or representatives of customers or prospec- tive customers or to agents, employees, or representatives of competitors’ customers or prospective customers, without the knowledge of their employers or princi- pais, as an inducement to influence their employers or principals to purchase or contract to purchase industry products from the maker of such gift or offer, or to influence such employers or principals to refrain from dealing or contracting to deal with competitors is an unfair trade practice. Group IT § 76.101 False billing. The presentation or use of fictitious pills of lading or other evidence of billing, for the purpose of securing advances of money or other valuable consideration, is condemned by the industry. § 76.102 Credit for overweight. Failure of dealers or brokers to give credit for overweight, where credit for overweights has been passed by the con- sumer, is hereby condemned. § 76.103 Repudiation of contracts. Contracts, either written or cral, are business obligations which should be performed in letter and spirit. The re- pudiation of contracts by sellers on a ris- ing market, cr by buyers on a declining market, is equally reprehensible, and is condemned by the industry. § 76.104 False invoicing. Withholding from or inserting in the invoice statements which inake the in-~ voice a false record, wholly or in part, of the transaction represented on the face thereof, is condemned by the industry. § 76.105 Arbitration. The industry approves the practice of handling disputes in a fair and reason- able manner, coupled with a spirit of moderation and gcod will, and every ef- fort should be made by the disputants themselves to arrive at an agreement. If unable to do so they should agree, if possible, upon arbitration under some one of the prevailing codes. § 76.106 Cost accounting. It is the judgment of the industry that each member should install a proper and accurate method for determining his cost. § 81.2 COMMITTEE ON TRADE PRACTICES § 76.201 Industry committee. The provisions of § 16.1 of this sub- chapter shall be applicable to an industry committee established under this part. [21 F-R. 1174, Feb. 21, 1956] PART 81—WASTE PAPER DEALERS AND PACKERS Group I Sec. 81.1 81.2 81.3 81.4 81.5 Substitution. Defamation of competitors. Commercial bribery. Inducing breach of contract. Sales below cost. Group IT Misleading price quotations. Submission of false claims. False billing. Negligence in concluding agreements. Repudiation of contracts. Willful breach of contract. Credit for overweight. Violation of discount agreement. Cost accounting. Arbitration. COMMITTEE ON TRADE PRACTICES 81.201 Industry committee. AvUTHORITY: The provisions of this Part 81 issued under secs. 6(g), 5, 38 Stat. 722, '719; 15 U.S.C. 46(g), 45, unless otherwise noted. Source: The provisions of this Part 81 contained in trade practice rules, Waste Paper Dealers and Packers, FTC, Sept. 3, 1982, unless otherwise noted. Group I § 81.1 Substitution. Willful delivery of an inferior product against a contract for a particular grade of waste paper by means of false pack~- ing that can not be readily discovered, the.effect of which is to deceive the pur- chaser, or the substitution of an inferior grade of material against a contract calling. for a particular grade without the permission of the purchaser and ul- timate consumer with the intent and effect of deceiving the purchaser and ul- timate consumer, is an unfair trade practice. § 81.2 Defamation of competitors. The defamation of competitors by falsely 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 or quality of 81.101 81.102 81.103 81.104 81.105 81.106 81.107 81.108 81.109 81.110 479 § 81.3 their goods, with the tendency and ca- pacity to mislead or deceive purchasers or prospective purchasers, and the tend- ency to injuriously affect the business of such competitors, is an unfair trade practice. § 81.3. Commercial bribery. Directly or indirectly to. give or permit to be given or offer to give money or any- thing of value to agents, employees, or representatives of customers or prospec- tive customers or to agents, employees, or representatives of competitors’ cus- tomers or prospective customers, without the knowledge of their employers or principals, as an inducement to influ- ence their employers or principals to purchase or contract to purchase indus- try products from the maker of such gift or offer, or to influence such employers or principals to refrain from dealing or contracting to deal with competitors, is an unfair trade practice. § 81.4 Inducing breach of contract. Willfully inducing or attempting to in- duce the breach of an existing contract, or the interference or attempted inter- ference with the performance of any contractual duty for the purpose and effect of injuring or destroying the pa- tronage, property, or business of a com- petitor is an unfair trade practice. § 81.5 Sales below cost. The selling of goods below cost with the intent and with the effect of injur- ing a competitor, and where the effect may be to substantially lessen competi- tion or tend to create a monopoly or to unreasonably restrain trade, is an unfair trade practice. Group II § 81.101 Misleading price quotations. The issuance of fictitious, inflated, de- fiated or misleading price quotations or offers for the purchase or sale of waste paper with no purpose to accept pro- posals received or to make sales at the prices quoted but solely to attract pur- chasers to his place of business is con- demned by the industry. § 81.102 Submission of false claims. The submission of false claims to a supplier when same are not founded on actual mill reports or are not substan- tiated by authentic debit bills is con- demned by the industry. : ‘Title 16—Commercial Practices § 81.103 False billing. The issuance of fictitious bills of lad- ing or other documents of title, or the willful inclusion of erroneous weights or other information therein, for the pur- pose of securing advances of money or full payment when ithe contract provides otherwise, is condemned by the industry. § 81.104 Negligence in agreements. The practice of neglecting or failing to return signed contracts or confirma- tion of verbal or telephone agreements. of purchase and sale with the end in view of later relying on the absence of any signed contract or memorandum as ground for repudiation of the agreement is condemned by the industry. § 81.105 Repudiation of contracts. Contracts, either written or oral, are business obligations which should be performed in letter and spirit. The repudiation of contracts by sellers on & rising market, or by buyers on a declin- ing market, is equally reprehensible, and is condemned by the industry. § 81.106 Willful breach of contract. The intentional failure to fill orders or perform contracts except for act of God or other lawful cause, or the intentional withholding by the purchaser of shipping instructions with the intent of avoiding the contract is condemned by the indus- try. § 81.107 Credit for overweight. The failure of dealers or brokers to give credit for overweights, where credit for overweights has been given by the con- sumer, is condemned by the industry. ‘§ 81.108 ment. Violation by either party, buyer or seller, of the agreement between them as to the discount for cash is condemned by the industry. § 81.109 Cost accounting. It is the judgment of this industry that. an accurate knowledge of costs is indis- pensible to intelligent and fair competi- tion and the adoption of accurate methods of cost finding and estimating is. recommended by the industry. § 81.110 Arbitration. The industry approves the practice of handling disputes in a fair and reason- concluding Violation of discount agree- 480 Chapter I—Federal Trade Commission able manner, coupled with a spirit of moderation and good wil], and every effort should be made by the disputants themselves to arrive at an agreement. If unable to do so they should agree, if pos- sible, upon arbitration under some one of the prevailing codes. COMMITTEE ON TRADE PRACTICES § 81.201 Industry committee. The provisions of § 16.1 of this sub- -chapter shall be applicable to an industry committee established under this part. [21 F.R. 1174, Feb, 21, 1956] PART 84—WARM AIR FURNACE INDUSTRY Group I Sec. 84.1 Inducing breach of contract. 84.2 Commercial bribery. 84.3 False marking or branding. 84.5 Sales below cost. 84.6 Defamation of competitors. 84.7 Misrepresentatian in general. 84.8 False representations, 84.9 Imitation of trade-marks, trade names, etc. 84.11 Fictitious prices. Grovp II 84.101 False invoicing. 384.102 Special quantity prices. 84.103 Publication of price lists and terms of sale. 84.104 Incomplete coverage of warranties, etc, AutTHority: The provisions of this Part 84 issued under secs. 6(g), 5, 38 Stat. 722, 719; 15 U.S.C. 46, 45, unless otherwise noted. Source: The provisions of this Part 84 ‘contained in trade practice rules, Warm Air ‘Furnace Industry, FTC, Nov. 18, 1932, unless otherwise noted. Group I § 84.1 Inducing breach of contract. Maliciously inducing or attempting to induce the breach of existing contracts between competitors and their customers by any false or deceptive means whatso- ever, or interfering with or obstructing the performance of any such contractual ‘duties or services by any such means, with the purpose and effect of unduly hampering, injuring, or embarrassing competitors in their businesses, is an un- ‘fair trade practice. § 84.2 Commercial bribery. Directly or indirectly to give or permit to be given or offer to give money or any- § 84.8 thing of value to agents, employees, or representatives of customers or prospec- tive customers or to agents, employees, or representatives of competitors’ custom- ers or prospective customers, without the knowledge of their employers or princi- pals, as an inducement to influence their employers or principals to purchase or contract to purchase industry products from the maker of such gift or offer, or to influence such employers or principals to refrain from dealing or contracting to deal with competitors, is an unfair trade practice. § 84.3 False marking or branding. The false marking or branding of products of the industry with the effect of misleading or deceiving purchasers with respect to the quantity, quality, grade, size, heating capacity, or sub- stance of the goods purchased is an un- fair trade practice. § 84.5 Sales below cost. The selling of goods below cost with the intent and with the effect of injuring @ competitor and where the effect nay be to substantially lessen competition or tend to create a monopoly or to unrea- sonably restrain trade is an unfair trade practice. § 84.6 Defamation of competitors. The defamation of competitors by falsely 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 or quality of their goods, with the tendency and ca- pacity to mislead or deceive purchasers or prospective purchasers, is an unfair trade practice. § 84.7 Misrepresentation in general. The making or causing or permitting to be made or published any false, untrue, or deceptive statement by way of adver- tisement or otherwise concerning the grade, quality, quantity, substance, char- acter, nature, origin, heating capacity, size, or preparation of any product of the industry having the tendency and capac- ity to mislead or deceive purchasers or prospective purchasers is an unfair trade practice. § 84.8 False representations. False representations in the sale or of- fering for sale of any product of the industry with the effect of deceiving purchasers or prospective purchasers as 481