15 U.S.C. § 68c — Stamp, tag, label, or other identification

Page 103 TITLE 15—COMMERCE AND TRADE § 68c 1 So in original. Probably should be ‘‘wool’’. 2 See Codification note. (f) Location of label, etc. For purposes of this subchapter, any wool product shall be misbranded if a stamp, tag, label, or other identification conforming to the requirements of this section is not on or affixed to the inside center of the neck midway between the shoulder seams or, if such product does not contain a neck, in the most conspicuous place on the inner side of such product, unless it is on or affixed on the outer side of such product or in the case of hosiery items, on the outer side of such product or package. (Oct. 14, 1940, ch. 871, § 4, 54 Stat. 1129; Pub. L. 96–242, § 2, May 5, 1980, 94 Stat. 344; Pub. L. 98–417, title III, §§ 304, 305, Sept. 24, 1984, 98 Stat. 1604; Pub. L. 109–428, § 2(a), Dec. 20, 2006, 120 Stat. 2913.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(5), (6). Pub. L. 109–428 added pars. (5) and (6). 1984—Subsec. (a)(2)(D). Pub. L. 98–417, § 304, added sub- par. (D). Subsecs. (e), (f). Pub. L. 98–417, § 305, added subsecs. (e) and (f). 1980—Subsec. (a)(2)(A). Pub. L. 96–242 substituted ‘‘re- cycled wool’’ for ‘‘reprocessed wool’’ as cl. (2), struck out cl. (3) ‘‘reused wool’’, and redesignated existing cls. (4) and (5) as (3) and (4), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–428, § 2(b), Dec. 20, 2006, 120 Stat. 2915, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply to wool products manufactured on or after January 1, 2007.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–417, title III, § 307, Sept. 24, 1984, 98 Stat. 1605, provided that: ‘‘The amendments made by this title [amending this section and sections 68c and 70b of this title] shall be effective ninety days after the date of enactment of this Act [Sept. 24, 1984].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–242 effective with respect to wool products manufactured on or after the date sixty days after May 5, 1980, see section 3 of Pub. L. 96–242, set out as a note under section 68 of this title. 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. § 68c. Stamp, tag, label, or other identification (a) Affixing; retention until sale Any person manufacturing for introduction, or first introducing into commerce a wool product shall affix thereto the stamp, tag, label, or other means of identification required by this sub- chapter, and the same, or substitutes therefor containing identical information with respect to content of the wool product or any other prod- ucts contained therein in an amount of 5 per centum or more by weight and other informa- tion required under section 68b of this title, shall be and remain affixed to such wool prod- uct, whether it remains in its original state or is contained in garments or other articles made in whole or in part therefrom, until sold to the consumer: Provided, That the name of the manu- facturer of the wool product need not appear on the substitute stamp, tag, or label if the name of the person who affixes the substitute appears thereon. (b) Removal or mutilation Any person who shall cause or participate in the removal or mutilation of any stamp, tag, label, or other means of identification affixed to a wood 1 product with intent to violate the pro- visions of this subchapter, is guilty of an unfair method of competition, and an unfair and decep- tive act or practice, in commerce within the meaning of the Federal Trade Commission Act. (c) Packages of wool products For the purposes of subsections (a) and (b) of this section, any package of wool products in- tended for sale to the ultimate consumer shall also be considered a wool product and shall have affixed to it a stamp, tag, label, or other means of identification bearing the information re- quired by section 68b of this title, with respect to the wool products contained therein, unless such package of wool products is transparent to the extent that it allows for the clear reading of the stamp, tag, label, or other means of identi- fication affixed to the wool product, or in the case of hosiery items this section shall not be construed as requiring the affixing of a stamp, tag, label, or other means of identification to each hosiery product contained in a package if (1) such hosiery products are intended for sale to the ultimate consumer in such package, (2) such package has affixed to it a stamp, tag, label, or other means of identification bearing, with re- spect to the hosiery products contained therein, the information required by section 68b of this title,2 and (3) the information on the stamp, tag, label, or other means of identification affixed to such package is equally applicable with respect to each hosiery product contained therein. (Oct. 14, 1940, ch. 871, § 5, 54 Stat. 1130; Pub. L. 98–417, title III, § 306, Sept. 24, 1984, 98 Stat. 1605.) Editorial Notes CODIFICATION Section 68b of this title, the second time it appears in subsec. (c), was in the original ‘‘subsection (4)’’ and was translated as reading ‘‘section 4’’ as the probable intent of Congress. AMENDMENTS 1984—Pub. L. 98–417 designated existing first and sec- ond pars. as subsecs. (a) and (b), respectively, and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–417 effective 90 days after Sept. 24, 1984, see section 307 of Pub. L. 98–417, set out as a note under section 68b of this title. Page 104 TITLE 15—COMMERCE AND TRADE § 68d § 68d. Enforcement of subchapter (a) Authority of Commission Except as otherwise specifically provided here- in, this subchapter shall be enforced by the Fed- eral Trade Commission under rules, regulations, and procedure provided for in the Federal Trade Commission Act. The Commission is authorized and directed to prevent any person from violating the provi- sions of this subchapter in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Com- mission Act were incorporated into and made a part of this subchapter; and any such person vio- lating the provisions of this subchapter shall be subject to the penalties and entitled to the privileges and immunities provided in said Fed- eral Trade Commission Act in the same manner, by the same means, and with the same jurisdic- tion, powers, and duties as though the applicable terms and provisions of the Federal Trade Com- mission Act were incorporated into and made a part of this subchapter. The Commission is authorized and directed to make rules and regulations for the manner and form of disclosing information required by this subchapter, and for segregation of such informa- tion for different portions of a wool product as may be necessary to avoid deception or confu- sion, and to make such further rules and regula- tions under and in pursuance of the terms of this subchapter as may be necessary and proper for administration and enforcement. The Commission is also authorized to cause inspections, analyses, tests, and examinations to be made of any wool products subject to this subchapter; and to cooperate with any depart- ment or agency of the Government, with any State, Territory, or possession, or with the Dis- trict of Columbia; or with any department, agency, or political subdivision thereof; or with any person. (b) Maintenance of records by wool manufactur- ers Every manufacturer of wool products shall maintain proper records showing the fiber con- tent as required by this subchapter of all wool products made by him, and shall preserve such records for at least three years. The neglect or refusal to maintain and so pre- serve such records is unlawful, and any such manufacturer who neglects or refuses to main- tain and so 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 in a civil action. (Oct. 14, 1940, ch. 871, § 6, 54 Stat. 1131.) 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. § 68e. Condemnation and injunction proceedings (a) Grounds for condemnation; disposition of merchandise Any wool products shall be liable to be pro- ceeded against in the district court of the United States for the district in which found, and to be seized for confiscation by process of libel for condemnation, if the Commission has reasonable cause to believe such wool products are being manufactured or held for shipment, or shipped, or held for sale or exchange after ship- ment, in commerce in violation of the provisions of this subchapter, and if after notice from the Commission the provisions of this subchapter with respect to said products are not shown to be complied with. Proceedings in such libel cases shall conform as nearly as may be to suits in rem in admiralty, and may be brought by the Commission. If such wool products are condemned by the court, they shall be disposed of, in the discretion of the court, by destruction; by sale; by delivery to the owner or claimant thereof upon payment of legal costs and charges and upon execution of good and sufficient bond to the effect that such wool products will not be disposed of until prop- erly stamped, tagged, labeled, or otherwise iden- tified under the provisions of this subchapter; or by such charitable disposition as the court may deem proper. If such wool products are disposed of by sale, the proceeds, less legal costs and charges, shall be paid into the Treasury of the United States. (b) Grounds for temporary injunction or re- straining order; issuance without bond Whenever the Commission has reason to be- lieve that— (1) Any person is violating, or is about to violate, sections 68a, 68c, 68f, or 68g of this title, and that (2) It would be to the public interest to en- join such violation until complaint is issued by the Commission under the Federal Trade Commission Act and such complaint dismissed by the Commission or set aside by the court on review, or until order to cease and desist made thereon by the Commission has become final within the meaning of the Federal Trade Commission Act, the Commission may bring suit in the district court of the United States or in the United States court of any Territory, for the district or Territory in which such person resides or trans- acts business, to enjoin such violation, and upon proper showing a temporary injunction or re- straining order shall be granted without bond. (Oct. 14, 1940, ch. 871, § 7, 54 Stat. 1131.) 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. § 68f. Exclusion of misbranded wool products All wool products imported into the United States, except those made more than twenty