15 U.S.C. § 69b — Misbranded fur products

Page 107 TITLE 15—COMMERCE AND TRADE § 69b portation or distribution in commerce, of any fur product which is misbranded or falsely or de- ceptively advertised or invoiced, within the meaning of this subchapter or the rules and reg- ulations prescribed under section 69f(b) of this title, is unlawful and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (b) Manufacture for sale, sale, advertising, offer- ing for sale, transportation or distribution The manufacture for sale, sale, advertising, of- fering for sale, transportation or distribution, of any fur product which is made in whole or in part of fur which has been shipped and received in commerce, and which is misbranded or falsely or deceptively advertised or invoiced, within the meaning of this subchapter or the rules and reg- ulations prescribed under section 69f(b) of this title, is unlawful and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (c) Introduction into commerce, sale, advertising or offering for sale in commerce or transpor- tation or distribution The introduction into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of any fur which is falsely or deceptively adver- tised or falsely or deceptively invoiced, within the meaning of this subchapter or the rules and regulations prescribed under section 69f(b) of this title, is unlawful and shall be an unfair method of competition, and an unfair and decep- tive act or practice, in commerce under the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.]. (d) Removal or mutilation of label Except as provided in subsection (e) of this section, it shall be unlawful to remove or muti- late, or cause or participate in the removal or mutilation of, prior to the time any fur product is sold and delivered to the ultimate consumer, any label required by this subchapter to be af- fixed to such fur product, and any person vio- lating this subsection is guilty of an unfair method of competition, and an unfair or decep- tive act or practice, in commerce under the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.]. (e) Substitution of labels; records Any person introducing, selling, advertising, or offering for sale, in commerce, or processing for commerce, a fur product, or any person sell- ing, advertising, offering for sale or processing a fur product which has been shipped and received in commerce, may substitute for the label af- fixed to such product pursuant to section 69b of this title, a label conforming to the require- ments of such section, and such label may show in lieu of the name or other identification shown pursuant to section 69b(2)(E) of this title on the label so removed, the name or other identifica- tion of the person making the substitution. Any person substituting a label shall keep such records as will show the information set forth on the label that he removed and the name or names of the person or persons from whom such fur product was received, and shall preserve such records for at least three years. Neglect or refusal to maintain and preserve such records is unlawful, and any person who shall fail to main- tain and preserve such records shall forfeit to the United States the sum of $100 for each day of such failure which shall accrue to the United States and be recoverable by a civil action. Any person substituting a label who shall fail to keep and preserve such records, or who shall by such substitution misbrand a fur product, shall be guilty of an unfair method of competition, and an unfair or deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (f) Application of section to common carrier or freight forwarder Subsections (a), (b), and (c) of this section shall not apply to any common carrier, contract carrier or freight forwarder in respect of a fur product or fur shipped, transported, or delivered for shipment in commerce in the ordinary course of business. (g) Exemption for particular sales No provision of this subchapter shall apply to a fur product— (1) the fur of which was obtained from an animal through trapping or hunting; and (2) when sold in a face to face transaction at a place such as a residence, craft fair, or other location used on a temporary or short term basis, by the person who trapped or hunted the animal, where the revenue from the sale of ap- parel or fur products is not the primary source of income of such person. (Aug. 8, 1951, ch. 298, § 3, 65 Stat. 176; Pub. L. 111–313, § 3, Dec. 18, 2010, 124 Stat. 3326.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is defined in section 69 of this title. AMENDMENTS 2010—Subsec. (g). Pub. L. 111–313 added subsec. (g). § 69b. Misbranded fur products For the purposes of this subchapter, a fur product shall be considered to be misbranded— (1) if it is falsely or deceptively labeled or otherwise falsely or deceptively identified, or if the label contains any form of misrepresen- tation or deception, directly or by implica- tion, with respect to such fur product; (2) if there is not affixed to the fur product a label showing in words and figures plainly legible— (A) the name or names (as set forth in the Fur Products Name Guide) of the animal or animals that produced the fur, and such qualifying statement as may be required pursuant to section 69e(c) of this title; (B) that the fur product contains or is composed of used fur, when such is the fact; (C) that the fur product contains or is composed of bleached, dyed, or otherwise ar- tificially colored fur, when such is the fact; (D) that the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; Page 108 TITLE 15—COMMERCE AND TRADE § 69c (E) the name, or other identification issued and registered by the Commission, of one or more of the persons who manufacture such fur product for introduction into com- merce, introduce it into commerce, sell it in commerce, advertise or offer it for sale in commerce, or transport or distribute it in commerce; (F) the name of the country of origin of any imported furs used in the fur product; (3) if the label required by paragraph (2)(A) of this section sets forth the name or names of any animal or animals other than the name or names provided for in such paragraph. (Aug. 8, 1951, ch. 298, § 4, 65 Stat. 177.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commis- sion, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. § 69c. False advertising and invoicing (a) For the purposes of this subchapter, a fur product or fur shall be considered to be falsely or deceptively advertised if any advertisement, representation, public announcement, or notice which is intended to aid, promote, or assist di- rectly or indirectly in the sale or offering for sale of such fur product or fur— (1) does not show the name or names (as set forth in the Fur Products Name Guide) of the animal or animals that produced the fur, and such qualifying statement as may be required pursuant to section 69e(c) of this title; (2) does not show that the fur is used fur or that the fur product contains used fur, when such is the fact; (3) does not show that the fur product or fur is bleached, dyed, or otherwise artificially col- ored fur when such is the fact; (4) does not show 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) contains the name or names of any ani- mal or animals other than the name or names specified in paragraph (1) of this subsection, or contains any form of misrepresentation or de- ception, directly or by implication, with re- spect to such fur product or fur; (6) does not show the name of the country of origin of any imported furs or those contained in a fur product. (b) For the purposes of this subchapter, a fur product or fur shall be considered to be falsely or deceptively invoiced— (1) if such fur product or fur is not invoiced to show— (A) the name or names (as set forth in the Fur Products Name Guide) of the animal or animals that produced the fur, and such qualifying statement as may be required pursuant to section 69e(c) of this title; (B) that the fur product contains or is composed of used fur, when such is the fact; (C) that the fur product contains or is composed of bleached, dyed, or otherwise ar- tificially colored fur, when such is the fact; (D) that the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (E) the name and address of the person issuing such invoice; (F) the name of the country of origin of any imported furs or those contained in a fur product; (2) if such invoice contains the name or names of any animal or animals other than the name or names specified in paragraph (1)(A) of this subsection, or contains any form of misrepresentation or deception, directly or by implication, with respect to such fur prod- uct or fur. (Aug. 8, 1951, ch. 298, § 5, 65 Stat. 178.) § 69d. Fur products imported into United States (a) Necessity of proper labelling; additional in- formation Fur products imported into the United States shall be labeled so as not to be misbranded with- in the meaning of section 69b of this title; and all invoices of fur products and furs required under title IV of the Tariff Act of 1930, as amended [19 U.S.C. 1401 et seq.], shall set forth, in addition to the matters therein specified, in- formation conforming with the requirements of section 69c(b) of this title, which information shall be included in the invoices prior to their certification under the Tariff Act of 1930, as amended [19 U.S.C. 1202 et seq.]. (b) Violations of Federal Trade Commission Act The falsification of, or failure to set forth, said information in said invoices, or the fal- sification or perjury of the consignee’s declara- tion provided for in the Tariff Act of 1930, as amended [19 U.S.C. 1202 et seq.], insofar as it re- lates to said information, shall be an unfair method of competition, and an unfair and decep- tive act or practice, in commerce under the Fed- eral Trade Commission Act [15 U.S.C. 41 et seq.]; and any person who falsifies, or fails to set forth, said information in said invoices, or who falsifies or perjures said consignee’s declaration insofar as it relates to said information, may thenceforth be prohibited by the Commission from importing, or participating in the importa- tion of, any fur products or furs into the United States except upon filing bond with the Sec- retary of the Treasury in a sum double the value of said fur products and furs, and any duty thereon, conditioned upon compliance with the provisions of this section. (c) Verified statement of compliance A verified statement from the manufacturer, producer of, or dealer in, imported fur products and furs showing information required under the provisions of this subchapter may be required under regulations prescribed by the Secretary of the Treasury. (Aug. 8, 1951, ch. 298, § 6, 65 Stat. 178.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsecs. (a) and (b), is act June 17, 1930, ch. 497, 46 Stat. 590, which is