15 U.S.C. § 68f — Exclusion of misbranded wool products

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 Page 105 TITLE 15—COMMERCE AND TRADE § 68j years prior to such importation, shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of this sub- chapter and all invoices of such wool products required under the Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), shall set forth, in addition to the matter therein specified, the information with respect to said wool products required under the provisions of this subchapter, which information shall be in the invoices prior to their certification under said Act of June 17, 1930. 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 said Act of June 17, 1930, in- sofar as it relates to said information, shall be an unfair method of competition, and an unfair and deceptive act, or practice, in commerce under the Federal Trade Commission Act; and any person who falsifies, or fails to set forth, said information in said invoices, or who fal- sifies or perjures said consignee’s declaration in- sofar as it relates to said information, may thenceforth be prohibited by the Commission from importing, or participating in the importa- tion of, any wool products into the United States except upon filing bond with the Sec- retary of the Treasury in a sum double the value of said wool products and any duty thereon, con- ditioned upon compliance with the provisions of this subchapter. A verified statement from the manufacturer or producer of such wool products showing their fiber content as required under the provisions of this subchapter may be required under regula- tions prescribed by the Secretary of the Treas- ury. (Oct. 14, 1940, ch. 871, § 8, 54 Stat. 1132.) Editorial Notes REFERENCES IN TEXT Provisions covering invoices of wool products re- quired under the Act of June 17, 1930 (c. 497, title IV, 46 Stat. 719), referred to in text, are set out as section 1481 et seq. of Title 19, Customs Duties. Provisions covering certification of invoices under the Act of June 17, 1930, referred to in text, are set out as section 1482 of Title 19. Provisions covering the consignee’s declaration under the Act of June 17, 1930, referred to in text, are set out in section 1485 of Title 19. 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. § 68g. Guaranty (a) Avoidance of liability; requirements No person shall be guilty under section 68a 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 wool product guaranteed was manufactured and/or from whom it was re- ceived, that said wool product is not misbranded under the provisions of this subchapter. Said guaranty shall be either (1) a separate guaranty specifically designating the wool prod- uct guaranteed, in which case it may be on the invoice or other paper relating to said wool product; or (2) a continuing guaranty filed with the Commission applicable to all wool products handled by a guarantor in such form as the Com- mission by rules and regulations may prescribe. (b) Furnishing false guaranty Any person who furnishes a false guaranty, ex- cept a person relying upon a guaranty 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 wool product guaranteed was manufactured and/or from whom it was received, with reason to be- lieve the wool product falsely guaranteed may be introduced, sold, transported, or distributed in commerce, is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act. (Oct. 14, 1940, ch. 871, § 9, 54 Stat. 1132.) 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. § 68h. Criminal penalty Any person who willfully violates sections 68a, 68c, 68f, or 68g(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: Provided, That nothing herein shall limit other provisions of this subchapter. Whenever the Commission has reason to be- lieve any person is guilty of a misdemeanor under this section, it shall certify all pertinent facts to the Attorney General, whose duty it shall be to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. (Oct. 14, 1940, ch. 871, § 10, 54 Stat. 1133.) 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. § 68i. Application of other laws The provision of this subchapter shall be held to be in addition to, and not in substitution for or limitation of, the provisions of any other Act of the United States. (Oct. 14, 1940, ch. 871, § 11, 54 Stat. 1133.) § 68j. Exceptions from subchapter None of the provisions of this subchapter shall be construed to apply to the manufacture, deliv-