[Federal Register Volume 61, Number 248 (Tuesday, December 24, 1996)]
[Rules and Regulations]
[Pages 67708-67710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32259]
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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: Final rule.
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SUMMARY: This document amends the Rules and Regulations under the Fur
Products Labeling Act (Fur Rules) by adding the International System of
Units (SI metric system) equivalents beside the inch/pound unit
measurements in Secs. 301.19 and 301.27. These metrication amendments
are required by Executive Order 12770 of July 25, 1991, and the Metric
Conversion Act, as amended by the Omnibus Trade and Competitiveness
Act. Section 301.43 is amended to replace the phrase ``capacity or
tendency to mislead or deceive'' with language conforming with that set
forth in recent Commission cases. Section 301.12(e)(2) is amended to
eliminate obsolete country names. Section 301.19(k) is amended to
change the reference to the Bureau of Textiles and Furs, which no
longer exists, to the Bureau of Consumer Protection. Finally,
Sec. 301.1(a)(2) is republished to correct a typographical error in the
CFR.
EFFECTIVE DATE: December 24, 1996.
ADDRESSES: Requests for copies of this final rule should sent to the
Public Reference Branch, Room 130, Federal Trade Commission,
Washington, DC 20580.
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) 235-4040.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Fur Products Labeling Act (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(s) that produced the fur(s); (2)
that the fur product contains or is composed of used fur, when such is
the fact; (3) that the fur product contains or is composed of bleached,
dyed, or otherwise artificially colored fur, when such is the fact; (4)
that the fur product is composed in whole or in substantial part of
paws, tails, bellies, or waste fur, when such is the fact; (5) the name
under which the manufacturer or other responsible company does
business, or in lieu there of, the RN issued to the company by the
Commission; and (6) the name of the country of origin of any imported
furs used in the fur product. Pursuant to Section 8(b) of the Fur Act,
``[t]he Commission 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.
As part of the Commission's systematic review of all current
Commission rules, regulations, and guides, the Commission published a
Federal Register notice on May 6, 1994, 59 FR 23645, seeking public
comment about the regulatory and economic costs and benefits of the Fur
Rules. The notice also stated that the Commission proposed to amend
Secs. 301.19 and 301.27 to include the metric equivalents beside the
inch/pound unit measurements already included in those Sections.
Finally the notice stated that, should the Commission retain
Sec. 301.43, it would be amended to reflect language conforming with
that set forth in Cliffdale Associates, Inc., 103 F.T.C. 110, 164-65
(1984) and subsequent cases.
II. Amendments to the Fur Rules
In a separate notice of proposed rulemaking, the Commission
summarizes the results of its regulatory review of the Fur Rules, and
seeks comment on whether it should make additional substantive
amendments to the rules. In this final rule, the Commission announces
adoption of the amendments set out in the May 6, 1994, request for
comment.
Currently, Secs. 301.19 and 301.27 include measurements expressed
exclusively in inch/pound units. 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
[[Page 67709]]
procurements, grants, and other business-related activities (which
include 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.
The proposed amendments to Secs. 301.19 and 301.27 were set out in
the regulatory review notice. Three of the seven comments submitted in
response to the regulatory review expressed general support for the
proposed metrication amendments; \1\ the remaining comments did not
address the metrication amendments at all. The proposed amendment to
Sec. 301.43 was also set out in the regulatory review notice; none of
the seven comments addressed this proposed amendment.
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\1\ Fieldcrest Cannon, Inc. (3) p. 6, American Textile
Manufacturers Institute (4) p. 6, and Milliken & Company (7) p. 6.
The number in parentheses denotes the number assigned by the Office
of the Secretary to the comment in the public record of comments
received in the regulatory review of the Fur Rules. The regulatory
reviews of the Textile Rules, the Wool Rules, and the Fur Rules were
undertaken simultaneously. In each case, these three Fur Rules
comments are identical copies of submissions that were made under
both the Textile Rules and the Wool Rules. The three comments
express general support for adding metric equivalents to the inch/
pound measurements in all three of the Commission's implementing
Rules.
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The metrication amendments to Secs. 301.19 and 301.27 are technical
and non-substantive; they merely provide metric equivalents to the
existing measurements expressed in inch/pound units and do not create
any new requirements. The amendment to Sec. 301.43 does not alter its
substance; it merely replaces the phrase ``or has the capacity or
tendency to mislead or deceive'' with language conforming with that set
forth in Cliffdale Associates, Inc., 103 F.T.C. 110, 164-65 (1984) and
subsequent cases.
The changes to Secs. 301.12(e)(1), 301.19(k), and 301.1(a)(2) are
technical and non-substantive. The Commission finds that notice-and-
comment rulemaking procedures are unnecessary for these minor changes
because they will have no impact on industry or the public. Section
301.12(e)(1) lists in its examples of country of origin disclosures two
country names that are now obsolete. These obsolete names are
eliminated in the revised section. Section 301.19(k) makes reference to
the FTC's ``Bureau of Textiles and Furs,'' which no longer exists.
Those functions are now part of the Bureau of Consumer Protection.
Section 301.19(k) is revised to reflect this change. Section
301.1(a)(2) contained a typographical error in the CFR publication;
this is corrected here.
List of Subjects in 16 CFR Part 301
Furs, Labeling, Trade practices.
For the reasons set out above, the Commission amends 16 CFR Part
301 as follows:
PART 301--RULES AND REGULATIONS UNDER THE FUR PRODUCTS LABELING ACT
1. The authority citation for part 301 continues to read as
follows:
Authority: 15 U.S.C. 69.
2. Section 301.1(a)(2) is revised to read as follows:
Sec. 301.1 Terms defined.
(a) * * *
(2) The terms rule, rules, regulations, and rules and regulations,
mean the rules and regulations prescribed by the Commission pursuant to
section 8(b) of the act.
* * * * *
3. Section 301.12(e)(1) is revised to read as follows:
Sec. 301.12 Country of origin of imported furs.
* * * * *
(e) (1) The English name of the country of origin shall be used.
Abbreviations which unmistakably indicate the name of a country, such
as ``Gt. Britain'' for ``Great Britain,'' are acceptable. Abbreviations
such as ``N.Z.'' for ``New Zealand'' are not acceptable.
* * * * *
4. In Sec. 301.19, paragraphs (i)(1), (i)(2), (i)(3), (k) and
(l)(2) are revised to read as follows:
Sec. 301.19 Pointing, dyeing, bleaching or otherwise artificially
coloring.
* * * * *
(i) (1) 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 described 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.
(2) 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 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 white ink for
all other stamps or markings on the leather side of the pelt.
(3) 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 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 yellow ink for all other stamps
or markings on the leather side of the pelt.
* * * * *
(k) Any person who possesses fur pelts of a type which are always
considered as dyed under paragraph (d) of this section after processing
or any person who processes fur pelts which are always natural at the
time of sale to the ultimate consumer, which pelts for a valid reason
cannot be marked or stamped as provided in this section, may file an
affidavit with the Federal Trade Commission's Bureau of Consumer
Protection setting forth such facts as will show that the pelts are
always dyed or natural as the case may be and that the stamping of such
pelts cannot be reasonably accomplished. If the Bureau of Consumer
Protection is satisfied that the public interest will be protected by
the filing of the affidavit, it may accept such affidavit and advise
the affiant that marking of the fur pelts themselves as provided in
this section will be unnecessary until further notice. Any person
filing such an affidavit shall promptly notify the Commission of any
change in circumstances with respect to its operations.
(l) * * *
(2) 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.
* * * * *
5. Section 301.27 is revised to read as follows:
[[Page 67710]]
Sec. 301.27 Label and method of affixing.
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). Such
label shall be of a material of sufficient durability and shall be
conspicuously affixed to the product in a secure manner and with
sufficient permanency to remain thereon throughout the sale, resale,
distribution and handling incident thereto, and shall remain on or be
firmly affixed to the respective product when sold and delivered to the
purchaser and purchaser-consumer thereof.
6. Section 301.43 is revised to read as follows:
Sec. 301.43 Use of deceptive trade or corporate names, trademarks or
graphic representations prohibited.
No person shall use in labeling, invoicing or advertising any fur
or fur product a trade name, corporate name, trademark or other trade
designation or graphic representation which misrepresents directly or
by implication to purchasers, prospective purchasers or the consuming
public:
(a) The character of the product including method of construction;
(b) The name of the animal producing the fur;
(c) The method or manner of distribution; or
(d) The geographical or zoological origin of the fur.
By the direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 96-32259 Filed 12-23-96; 8:45 am]
BILLING CODE 6750-01-M