[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Rules and Regulations]
[Pages 82269-82270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33026]


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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: The Federal Trade Commission (FTC or Commission) amends the 
Rules and Regulations under the Fur Products Labeling Act (Fur Rules) 
pursuant to the Dog and Cat Protection Act of 2000. That Act prohibits 
importing, exporting, manufacturing, selling, advertising, 
transporting, or distributing any dog or cat fur product. The Dog and 
Cat Protection Act also amends the Fur Act to exclude dog and cat fur 
products from items the Commission may exempt

[[Page 82270]]

from Fur Act requirements because they contain only a small amount of 
fur. The amendments announced herein conform the Fur Rules to the 
amended Fur Act by making clear that the exemption from the Fur Act 
does not apply to dog and cat fur products. Because the amendments are 
technical in nature and merely incorporate the statutory change, the 
Commission finds that notice and comment are not required. See 5 U.S.C. 
553(b). For this reason, the requirements of the Regulatory Flexibility 
Act also do not apply. See 5 U.S.C. 603, 604.

EFFECTIVE DATE: The amended Rules are effective January 29, 2001.

ADDRESSES: Requests for copies of the amended Rules should be sent to 
the Consumer Response Center, Room 202, Federal Trade Commission, 600 
Pennsylvania Avenue, NW, Washington, DC 20580. The notice announcing 
the amendments is available on the Internet at the Commission's 
website: http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Carol Jennings, Attorney, (202) 326-
3010, [email protected], or Stephen Ecklund, Senior Investigator, (202) 
326-2841, [email protected], Division of Enforcement, Bureau of Consumer 
Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The Fur Products Labeling Act (Fur Act), 15 
U.S.C. 69, and Commission rules pursuant to the Act, 16 CFR Part 301, 
require that sellers of covered fur products mark each product to show: 
(1) The name of the animal that produced the fur; (2) that the fur 
product contains or is composed of used fur, if such is the fact; (3) 
that the fur product contains or is composed of artificially colored 
fur, if such is the fact; (4) that the fur product is composed in whole 
or in substantial part of paws, tails, bellies, or waste fur, if such 
is the fact; (5) the name under which the manufacturer or other 
responsible company does business, or in lieu thereof, the RN issued to 
the company by the Commission; and (6) the country of origin of 
imported furs. The statute and rules also include advertising and 
recordkeeping requirements. The Fur Act authorizes the Commission to 
exempt products containing a relatively small amount or value of fur. 
Accordingly, section 301.39(a) of the Fur Rules exempts from rule 
requirements fur products for which either the cost to the manufacturer 
of the fur contained in the product or the manufacturer's selling price 
of the product does not exceed $150.\1\
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    \1\ In 1998, the exemption amount was raised from $20 (set in 
1969) to the current level of $150. 63 FR 7508, 7514 (Feb. 13, 
1998).
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    The Dog and Cat Protection Act of 2000, Pub. L. 106-476, prohibits 
importing, exporting, manufacturing, selling, advertising, 
transporting, or distributing any dog or cat fur product. Violations 
may result in the imposition of civil penalties ranging from $3,000 to 
$10,000 for each separate violation; forfeiture of the illegal 
products; and debarment from importing, exporting, manufacturing, 
transporting, distributing, or selling any fur product in the U.S.
    In addition, the Dog and Cat Protection Act amends the Fur Act, 16 
U.S.C. 69(d), to exclude dog and cat fur products from those items the 
Commission is authorized to exempt from the labeling and other 
requirements of the Fur Act and implementing regulations. The 
amendments to the Fur Rules announced herein implement this amendment 
to the Fur Act.

List of Subjects in 16 CFR Part 301

    Furs, Labeling, Trade Practices.

    For the reasons set forth 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 et seq.


    2. Section 301.1(a) is amended by adding paragraphs (6), (7), and 
(8) to read as follows:


Sec. 301.1  Terms defined.

    (a) * * *
    (6) The term cat fur means the pelt or skin of any animal of the 
species Felis catus.
    (7) The term dog fur means the pelt or skin of any animal of the 
species Canis familiaris.
    (8) The term dog or cat fur product means any item of merchandise 
which consists, or is composed in whole or in part, of any dog fur, cat 
fur, or both.

    3. In Sec. 301.39, the second sentence of paragraph (a) is revised 
to read as follows:


Sec. 301.39  Exempted fur products.

    (a) * * * The exemption provided for herein shall not be 
applicable: (1) to any dog or cat fur product; (2) if any false, 
deceptive, or misleading representations as to the fur contained in the 
fur product are made; or (3) if any representations as to the fur are 
made in labeling, invoicing, or advertising without disclosing: (i) in 
the case of labels, the information required to be disclosed under 
section 4(2)(A), (C), and (D) of the Act; (ii) in the case of 
advertising, the information required to be disclosed under section 
5(a)(1), (3), and (4) of the Act; and (iii) in the case of invoicing, 
the information required to be disclosed under section 5(b)(1)(A), (C), 
and (D) of the Act.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 00-33026 Filed 12-27-00; 8:45 am]
BILLING CODE 6750-01-M