15 U.S.C. § 69f — Enforcement of subchapter

Page 109 TITLE 15—COMMERCE AND TRADE § 69f classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Customs Duties. Title IV of the Tariff Act of 1930 is classified generally to subtitle III (§ 1401 et seq.) of chapter 4 of Title 19. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. The Federal Trade Commission Act, referred to in subsec. (b), is defined in section 69 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. § 69e. Name guide for fur products (a) Fur Products Name Guide The Commission shall, with the assistance and cooperation of the Department of Agriculture and the Department of the Interior, within six months after August 8, 1951, issue, after holding public hearings, a register setting forth the names of hair, fleece, and fur-bearing animals, which shall be known as the Fur Products Name Guide. The names used shall be the true English names for the animals in question, or in the ab- sence of a true English name for an animal, the name by which such animal can be properly identified in the United States. (b) Additions and deletions; public hearing The Commission may, from time to time, with the assistance and cooperation of the Depart- ment of Agriculture and Department of the Inte- rior, after holding public hearings, add to or de- lete from such register the name of any hair, fleece, or fur-bearing animal. (c) Prevention of confusion or deception If the name of an animal (as set forth in the Fur Products Name Guide) connotes a geo- graphical origin or significance other than the true country or place of origin of such animal, the Commission may require whenever such name is used in setting forth the information re- quired by this subchapter, such qualifying state- ments as it may deem necessary to prevent con- fusion or deception. (Aug. 8, 1951, ch. 298, § 7, 65 Stat. 179.) 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. § 69f. Enforcement of subchapter (a) Enforcement by Federal Trade Commission (1) Except as otherwise specifically provided in this subchapter, sections 69a, 69d, and 69h(b) of this title shall be enforced by the Federal Trade Commission under rules, regulations, and proce- dure provided for in the Federal Trade Commis- sion Act [15 U.S.C. 41 et seq.]. (2) The Commission is authorized and directed to prevent any person from violating the provi- sions of sections 69a, 69d, and 69h(b) of this title 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 Commission Act [15 U.S.C. 41 et seq.] were incorporated into and made a part of this subchapter; and any such person vio- lating any provision of section 69a, 69d, or 69h(b) of this title shall be subject to the penalties and entitled to the privileges and immunities pro- vided in said Federal Trade Commission Act as though the applicable terms and provisions of the said Act were incorporated into and made a part of this subchapter. (b) Rules and regulations for disclosure of infor- mation The Commission is authorized and directed to prescribe rules and regulations governing the manner and form of disclosing information re- quired by this subchapter, and such further rules and regulations as may be necessary and proper for purposes of administration and enforcement of this subchapter. (c) Inspection, analysis, tests for fur products; cooperation with other governmental agen- cies The Commission is authorized (1) to cause in- spections, analyses, tests, and examinations to be made of any fur product or fur subject to this subchapter; and (2) to cooperate, on matters re- lated to the purposes of this subchapter, with any department or agency of the Government; with any State, Territory, or possession, or with the District of Columbia; or with any depart- ment, agency, or political subdivision thereof; or with any person. (d) Maintenance of records by manufacturer or dealer (1) Every manufacturer or dealer in fur prod- ucts or furs shall maintain proper records show- ing the information required by this subchapter with respect to all fur products or furs handled by him, and shall preserve such records for at least three years. (2) The neglect or refusal to maintain and pre- serve such records is unlawful, and any such manufacturer or dealer who neglects or refuses to maintain and preserve such records shall for- feit 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 ac- tion. (Aug. 8, 1951, ch. 298, § 8, 65 Stat. 179.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (a), is defined in section 69 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. Page 110 TITLE 15—COMMERCE AND TRADE § 69g 1 So in original. Probably should be ‘‘violating,’’. § 69g. Condemnation and injunction proceedings (a) Grounds for condemnation; disposition of merchandise (1) Any fur product or fur shall be liable to be proceeded 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 fur product or fur is being manufactured or held for shipment, or shipped, or held for sale or exchange after shipment, in commerce, in violation of the pro- visions of this subchapter, and if after notice from the Commission the provisions of this sub- chapter with respect to such fur product or fur 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. (2) If such fur products or furs 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 fur or fur products will not be disposed of until properly marked, advertised, and invoiced as required under the provisions of this subchapter; or by such charitable disposi- tion as the court may deem proper. If such furs or fur products are disposed of by sale, the pro- ceeds, less legal costs and charges, shall be paid into the Treasury of the United States as mis- cellaneous receipts. (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 volating,1 or is about to vio- late, section 69a, 69d, or 69h(b) of this title; and (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 [15 U.S.C. 41 et seq.] 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 Commis- sion has become final within the meaning of said 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. (Aug. 8, 1951, ch. 298, § 9, 65 Stat. 180.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b)(2), is defined in section 69 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. § 69h. Guaranty (a) Avoidance of liability; requirements No person shall be guilty under section 69a of this title if he establishes a guaranty received in good faith signed by and containing the name and address of the person residing in the United States by whom the fur product or fur guaran- teed was manufactured or from whom it was re- ceived, that said fur product is not misbranded or that said fur product or fur is not falsely ad- vertised or invoiced under the provisions of this subchapter. Such guaranty shall be either (1) a separate guaranty specifically designating the fur product or fur guaranteed, in which case it may be on the invoice or other paper relating to such fur product or fur; or (2) a continuing guar- anty filed with the Commission applicable to any fur product or fur handled by a guarantor, in such form as the Commission by rules and regulations may prescribe. (b) Furnishing false guaranty It shall be unlawful for any person to furnish, with respect to any fur product or fur, a false guaranty (except a person relying upon a guar- anty to the same effect received in good faith signed by and containing the name and address of the person residing in the United States by whom the fur product or fur guaranteed was manufactured or from whom it was received) with reason to believe the fur product or fur falsely guaranteed may be introduced, sold, transported, or distributed in commerce, and any person who violates the provisions of this subsection is guilty of an unfair method of com- petition, and an unfair or deceptive act or prac- tice, in commerce within the meaning of the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. (Aug. 8, 1951, ch. 298, § 10, 65 Stat. 181.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (b), is defined in section 69 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. § 69i. Criminal penalty (a) Any person who willfully violates section 69a, 69d, or 69h(b) of this title shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000, or be imprisoned not more than one year, or both, in the discretion of the court.