[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Proposed Rules]
[Pages 72132-72134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30050]


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FEDERAL TRADE COMMISSION

16 CFR Part 301


Regulations Under The Fur Products Labeling Act

AGENCY: Federal Trade Commission.

ACTION: Announcement of public hearing.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') will 
hold a public hearing on December 6, 2011, as part of the 
congressionally mandated review of its Fur Products Name Guide. The 
hearing will allow interested parties to present views on whether the 
Commission should amend the Fur Products Name Guide.

DATES: The hearing will be held on Tuesday, December 6, 2011, from 9 
a.m. to 1 p.m. at the FTC's Satellite Building Conference Center, 
located at 601 New Jersey Avenue NW., Washington, DC 20001.

REGISTRATION INFORMATION:  The hearing is open to the public, and there 
is no fee for attendance. If resources are available

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for broadcasting, this hearing will be available via a webcast (check 
the FTC Web site, http://www.ftc.gov, for a webcast announcement). For 
admittance to the Conference Center, all attendees will be required to 
show a valid photo identification, such as a driver's license. The FTC 
will accept pre-registration for this hearing. Pre-registration is not 
necessary to attend, but is encouraged so that we may better plan this 
event. To pre-register, please email your name and affiliation to 
[email protected]. When you pre-register, we will collect your name, 
affiliation, and your email address. This information will be used to 
estimate how many people will attend. We may use your email address to 
contact you with information about the hearing.
    Under the Freedom of Information Act or other laws, we may be 
required to disclose to outside organizations the information you 
provide. For additional information, including routine uses of your 
information permitted by the Privacy Act, see the Commission's Privacy 
Policy at http://www.ftc.gov/ftc/privacy.htm. The FTC Act and other 
laws the Commission administers permit the collection of this contact 
information to consider and use for the above purposes.

FOR FURTHER INFORMATION CONTACT: Matthew Wilshire, (202) 326-2976, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The FTC will hold a public hearing on December 6, 2011, regarding 
whether to amend its Fur Products Name Guide (``Name Guide''), 16 CFR 
301.0. This hearing is part of a review of the Name Guide, which is 
required by the Truth in Fur Labeling Act (``TFLA'').\1\ On March 14, 
2011, the Commission published an Advance Notice of Proposed Rulemaking 
(``ANPR'') initiating the review,\2\ seeking comment on the Name Guide 
as well as all of the Commission's regulations (``Fur Rules'') under 
the Fur Products Labeling Act (``Fur Act'').\3\
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    \1\ Public Law 111-313.
    \2\ Federal Trade Commission: Advance notice of proposed 
rulemaking: request for comment, 76 FR 13550 (Mar. 14, 2011).
    \3\ 15 U.S.C. 69-69j.
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    To implement any change to the Name Guide, the Fur Act requires the 
Commission to hold a public hearing.\4\ Although the Commission has not 
determined whether to amend the Name Guide, it will hold a public 
hearing to consider the significant issues raised by the comments it 
received in response to the ANPR. Accordingly, the Commission issues 
this Federal Register Notice to announce the upcoming hearing and 
propose issues that attending parties should address.
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    \4\ 15 U.S.C. 69e(b).
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    This announcement first provides background on the Fur Act and 
Rules, the Name Guide, and the ANPR and the comments received in 
response. It then suggests issues for discussion at the hearing.

A. Fur Act and Rules

    The Fur Act prohibits misbranding and false advertising of fur 
products, and requires labeling of most fur products.\5\ Pursuant to 
the Act, the Commission promulgated the Fur Rules to establish 
disclosure requirements that assist consumers in making informed 
purchasing decisions.\6\ Specifically, the Fur Act and Rules require 
fur manufacturers, dealers, and retailers to place labels on products 
made entirely or partly of fur disclosing: (1) The animal's name as 
listed in the Name Guide; (2) the presence in the fur product of any 
used, bleached, dyed, or otherwise artificially colored fur; (3) the 
presence in the fur product of any paws, tails, bellies, or waste fur; 
(4) the name or Registered Identification Number of the manufacturer or 
other party responsible for the garment; and (5) the garment's country 
of origin.\7\ In addition, manufacturers must include an item number or 
mark on the label for identification purposes.\8\
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    \5\ 15 U.S.C. 69 et seq.
    \6\ 16 CFR part 301.
    \7\ 15 U.S.C. 69b(2); 16 CFR 301.2(a).
    \8\ 16 CFR 301.40.
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B. The Name Guide

    The Fur Act requires the Commission to maintain ``a register 
setting forth the names of hair, fleece, and fur-bearing animals.'' \9\ 
The Act further requires these names to ``be the true English names for 
the animals in question, or in the absence of a true English name for 
an animal, the name by which such animal can be properly identified in 
the United States.'' \10\ The Name Guide provides English names for 
fur-producing animals, listed by genus-species. For example, the Name 
Guide requires covered entities to label vulpes fulva as fox.\11\
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    \9\ 15 U.S.C. 69e(a).
    \10\ Id.
    \11\ 16 CFR 301.0.
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    The Commission first published the Name Guide in 1952. The Name 
Guide can only be amended under the Fur Act ``after holding public 
hearings.'' \12\ The Commission has done so twice, most recently in 
1967.
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    \12\ 15 U.S.C. 69e(b).
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C. ANPR and Comments on the Name Guide

    On December 18, 2010, the President signed TFLA. The law directed 
the Commission to begin a review of the Name Guide and provide the 
opportunity to comment on the Name Guide within 90 days. Accordingly, 
the Commission initiated a review of the Name Guide by publishing the 
ANPR on March 14, 2011. The ANPR sought comment on the Name Guide 
generally and on whether the Commission should alter the Name Guide's 
fur names in particular. As part of the Commission's comprehensive 
regulatory review program, the ANPR also sought comment on the Fur 
Rules.\13\
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    \13\ For further discussion of the program, see www.ftc.gov/opa/2011/07/regreview.shtm.
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    The Commission received 15 comments in response to the ANPR,\14\ 
seven of which discussed the Name Guide.\15\ One of the seven urged the 
Commission to add ``sheepskin'' as an allowed name.\16\ The other six 
focused on the Name Guide's name for nyctereutes procyonoidos.\17\ 
Currently, the Name Guide requires that fur industry members label this 
species ``Asiatic Raccoon.'' The Humane Society of the United States 
(``HSUS'') objected and asked the Commission to replace it with 
``Raccoon Dog.'' HSUS first asserted that the ``true English name'' of 
an animal should be the name ``most widely accepted by the scientific 
community.'' \18\ To gauge scientific consensus, HSUS suggested that 
the Commission use the names specified by the Integrated Taxonomic 
Information System (``ITIS''), ``a partnership of federal governmental 
agencies formed to

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satisfy the need for scientifically credible taxonomic information.'' 
\19\ HSUS noted that ITIS lists the common name of nyctereutes 
procyonoidos as ``Raccoon Dog,'' and presented evidence that the 
scientific community refers to the species by that name.\20\ Finally, 
HSUS asserted that the name ``Asiatic Raccoon'' may confuse consumers 
because the animal is also found in Europe.\21\
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    \14\ The comments are available at http://www.ftc.gov/os/comments/furlabeling.
    \15\ The Commission will respond to comments regarding Fur Rules 
other than the Name Guide at a later date.
    \16\ See Deckers Outdoor Corporation Comment at 8-9.
    \17\ Two of these comments also discussed issues unrelated to 
nyctereutes procyonoidos. First, the Fur Information Council of 
America noted what it described as ``factual and typographical 
errors'' in the Name Guide and requested that the Commission remove 
names of certain prohibited species, such as dog and cat. See Fur 
Information Council of America Comment at 7-8. Second, the Humane 
Society of the United States objected to the Name Guide's use of one 
common name for multiple animals and suggested updating several 
names that ``are no longer the accepted common name, appear to have 
never been the accepted common name, or even appear to be trade 
names, and would not properly inform the consumer.'' Humane Society 
of the United States Comment at 9.
    \18\ HSUS comment at 7 (emphasis in original).
    \19\ Id.
    \20\ Id. at 8-9.
    \21\ Id. at 9.
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    In contrast, the Fur Information Council of America (``Fur 
Council'') and the National Retail Federation (``NRF'') supported 
retaining ``Asiatic Raccoon.'' The Fur Council asserted that the name 
``Raccoon Dog'' would mislead consumers because nyctereutes 
procyonoidos is no more closely related to domestic dogs than foxes, 
wolves, or coyotes.\22\ In addition, the Fur Council stated that 
``[w]ere the Commission to require the use of the term `raccoon dog,' 
there would no longer be a market for Asiatic/Finnraccoon fur, and 
garments with this type of fur would be eliminated.'' \23\ NRF 
concurred with the Fur Council's view that nyctereutes procyonoidos is 
``not a true-dog or dog-like canine,'' and suggested retaining 
``Asiatic Raccoon'' or changing it to ``Tanuki'' or ``Magnut.'' \24\
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    \22\ Fur Council Comment at 5.
    \23\ Id. at 6.
    \24\ NRF Comment at 4.
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    Finally, the Fur Council and Finnish Fur Sales, supported by the 
Finnish Ministry for Foreign Affairs and Ministry of Agriculture and 
Forestry, suggested allowing the name ``Finnraccoon'' for nyctereutes 
procyonoidos raised in Finland. These commenters noted that calling 
such furs ``Asiatic Raccoon'' could mislead consumers because 
``finraccoons'' are not from Asia and are raised under different 
conditions than those that generally exist in Asia.\25\
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    \25\ See, e.g., Fur Council Comment at 3-4; Finnish Fur Sales 
comment at 1-2.
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II. Issues for Discussion at the Hearing

    The Commission invites attendees to share views on any aspect of 
the Name Guide at the hearing. The Commission specifically requests 
views on: (1) The appropriateness of using the ITIS system to determine 
an animal's true English name; (2) whether using the name ``Asiatic 
Raccoon'' to describe nyctereutes procyonoidos fur products accurately 
informs consumers about the source, quality, and characteristics of 
those products; (3) what, if any, alternative name, including 
``Tanuki'' or ``Magnut,'' should the Name Guide require for nyctereutes 
procyonoidos; (4) whether the Name Guide should allow ``Finnraccoon'' 
for nyctereutes procyonoidos raised in Finland; and (5) whether the 
Commission should modify, add, or delete other names.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-30050 Filed 11-21-11; 8:45 am]
BILLING CODE 6750-01-P