15 U.S.C. § 69d — Fur products imported into United States

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 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.