[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10939]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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FEDERAL TRADE COMMISSION
16 CFR Part 301
Rules and Regulations Under the Fur Products Labeling Act
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (the ``Commission'') is
requesting public comments on its Rules and Regulations under the Fur
Products Labeling Act (the ``Fur Act''). The Commission is also
requesting comments about the overall costs and benefits of the Rules
and their overall regulatory and economic impact as a part of its
systematic review of all current Commission regulations and guides.
DATES: Written comments will be accepted until June 6, 1994.
ADDRESSES: Send comments to Secretary, Federal Trade Commission, room
H-159, Sixth & Pennsylvania Ave., NW., Washington, DC 20580.
Submissions should be marked ``Rules and Regulations under the Fur Act,
16 CFR part 301--Comment.''
FOR FURTHER INFORMATION CONTACT:
Bret S. Smart, Program Advisor, Los Angeles Regional Office, Federal
Trade Commission, 11000 Wilshire Blvd., suite 13209, Los Angeles, CA
90024, (310) 575-7890.
SUPPLEMENTARY INFORMATION: The Commission has determined, as part of
its oversight responsibilities, to review rules and guides
periodically. These reviews will seek information about the costs and
benefits of the Commission's rules and guides and their regulatory and
economic impact. The information obtained will assist the Commission in
identifying rules and guides that warrant modification or recision.
At this time, the Commission solicits written public comments
concerning the Commission's Rules and Regulations under the Fur
Products Labeling Act.
The Fur Act (15 U.S.C. 69) requires covered furs and fur products
to be labeled, invoiced, and advertised to show (1) the name(s) of the
animal that produced the fur(s); (2) that the fur is used fur or that
the fur product contains used fur, when such is the fact; (3) that the
fur product or fur is bleached, dyed, or otherwise artificially
colored, when such is the fact; and (4) the name of the country of
origin of any imported furs used in the fur product. Furthermore, the
Fur Act contains invoicing, advertisting, and recordkeeping provisions.
Pursuant to Section 8(b) of the Fur Act, ``[t]he Commmision is
authorized and directed to prescribe rules and regulations * * * as may
be necessary and proper for purposes of administration and enforcement
of this Act.'' (15 U.S.C. 69f(b).) These implementing rules and
regulations are set forth at 16 CFR part 301.
Currently, Rules 19 and 27 (16 CFR 301.19 and 301.27) include
provisions where measurements are expressed exclusively in inches or
fractions of inches. Under Executive Order 12770 of July 25, 1991 (56
FR 35801, July 29, 1991), and the Metric Conversion Act, as amended by
the Omnibus Trade and Competitiveness Act (15 U.S.C. 205b), all federal
agencies are required to use the SI metric system of measurement in all
procurements, grants, and other business-related actvities (which
includes rulemakings), except to the extent that such use is
impractical or is likely to cause significant inefficiencies or loss of
markets to United States firms. To comply with these requirements,
should the Commission elect to retain Rules 19 and 27 after conducting
this review, the wording of these provisions will be altered to include
the metric equivalents in parentheses beside the measurements in
inches.
Rule 19(i)(1) (16 CFR 301.19(i)(1)) would be revised to read: ``Any
person dressing, processing, or treating a fur pelt in such a manner
that it is required under paragraph (e) or (h) of this section to be
dsecribed as `color altered' or `color added' shall place a black
stripe at least one half inch (1.27 cm) in width across the leather
side of the skin immediately above the rump or place a stamp with a
solid black center in the form of either a two inch (5.08 cm) square or
a circle at least two inches (5.08 cm) in diameter on the leather side
of the pelt and shall use black ink for all other stamps or markings on
the leather side of the pelt.''
Rule 19(i)(2) (16 CFR 301.19(i)(2)) would be revised to read: ``Any
person dressing, processing or treating a fur pelt which after
processing is considered natural under paragraph (g) of this section
shall place a white stripe at least one-half inch (1.27 cm) in width
across the leather side of the skin immediately above the rump or place
a stamp with a solid white center in the form of either a 2-inch (5.08
cm) square or a circle at least 2 inches (5.08 cm) in diameter on the
leather side of the pelt and shall use white ink for all other stamps
or markings on the leather side of the pelt.''
Rule 19(i)(3) (16 CFR 301.19(i)(3)) would be revised to read: ``Any
person dressing, processing or treating a fur pelt in such a manner
that it is considered dyed under paragraph (d) of this section shall
place a yellow stripe at least one-half inch (1.27 cm) in width across
the leather side immediately above the rump or place a stamp with a
solid yellow center in the form of either a 2-inch (5.08 cm) square or
a circle at least 2 inches (5.08 cm) in diameter on the leather side of
the pelt and shall use yellow ink for all other stamps or markings on
the leather side of the pelt.''
Rule 19(1)(2) (16 CFR 301.19(1)(2)) would be revised to read: ``A
recommended method for preparation of samples would be: Carefully pluck
hair samples from 10 to 15 different representative sites on the pelt
or garment. This can best be accomplished by using a long nose
stainless steel pliers with a tip diameter of \1/16\ inch (1.59 mm).
The pliers should be inserted at the same angle as the guard hairs with
the tip opened to \1/4\ inch (6.35 mm). After contact with the hide,
the tip should be raised about \1/4\ inch (6.35 mm), closed tightly and
pulled quickly and firmly to remove the hair.''
The first sentence of Rule 27 (16 CFR 301.27) would be revised to
read: ``At all times during the marketing of a fur product the required
label shall have a minimum dimension of one and three-fourths (1\3/4\)
inches by two and three-fourths (2\3/4\) inches (4.5 cm x 7 cm).''
These are technical, non-substantive amendments to Rules 19 and 27
which merely provide metric equivalents to the measurements expressed
in inches; they do not create any new requirements. Thus, under the
Administrative Procedure Act (5 U.S.C. 553 et seq.), no formal
rulemaking proceeding is necessary to implement these revisions.
If the Commission elects to retain Rule 43 (16 CFR 301.43), ``Use
of deceptive trade or corporate names, trademarks or graphic
representations prohibited,'' after conducting this review, it intends
to update certain terms to reflect statutory and policy changes that
have occurred since Rule 43 was originally promulgated. The phrase
``capacity or tendency to mislead or deceive'' would be changed to
conform with the language regarding deception that is set forth in
Cliffdale Associates, Inc., 103 F.T.C. 110, 164-65 (1984) and
subsequent cases.
Accordingly, the Commission solicits public comments on the
following questions:
1. Is there a continuing need for the Rules and Regulations issued
under the Fur Act?
a. What benefits have the Rules provided to purchasers of the
products or services affected by the Rules?
b. Have the Rules imposed costs on purchasers?
2. What changes, if any, should be made to the Rules to increase
the benefits of the Rules to purchasers?
a. How would these changes affect the costs the Rules impose on
firms subject to their requirements?
3. What significant burdens or costs, including costs of
compliance, have the Rules imposed on firms subject to their
requirements?
a. Have the rules provided benefits to such firms?
4. What changes, if any, should be made to the Rules to reduce the
burdens or costs imposed on firms subject to their requirements?
a. How would these changes affect the benefits provided by the
Rules?
5. Do the Rules overlap or conflict with other federal, state, or
local laws or regulations?
6. Since the Rules were issued, what effects, if any, have changes
in relevant technology or economic conditions had on the Rules?
Authority: 15 U.S.C. 69 et seq.
List of Subjects in 16 CFR Part 301
Advertising, Invoicing, Labeling, Recordkeeping, Fur products.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 94-10939 Filed 5-5-94; 8:45 am]
BILLING CODE 6750-01-M