§ 69. Definitions
§ 69a. Violations of Federal Trade Commission Act
§ 69b. Misbranded fur products
§ 69c . False advertising and invoicing
§ 69d. Fur products imported into United States
§ 69e. Name guide for fur products
§ 69f. Enforcement of subchapter
§ 69g. Condemnation and injunction proceedings
§ 69h. Guaranty
§ 69i. Criminal penalty
§ 69j. Application of other laws
As used in this subchapter--
(a) The term “person” means an individual, partnership, corporation, association, business trust, or any organized group of any of the foregoing.
(b) The term “fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state, but shall not include such skins as are to be converted into leather or which in processing shall have the hair, fleece, or fur fiber completely removed.
(c) The term “used fur” means fur in any form which has been worn or used by an ultimate consumer.
(d) The term “fur product” means any article of wearing apparel made in whole or in part of fur or used fur.
(e) The term “waste fur” means the ears, throats, or scrap pieces which have been severed from the animal pelt, and shall include mats or plates made therefrom.
(f) The term “invoice” means a written account, memorandum, list, or catalog, which is issued in connection with any commercial dealing in fur products or furs, and describes the particulars of any fur products or furs, transported or delivered to a purchaser, consignee, factor, bailee, correspondent, or agent, or any other person who is engaged in dealing commercially in fur products or furs.
(g) The term “Commission” means the Federal Trade Commission.
(h) The term “Federal Trade Commission Act” means the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 26, 1914, as amended [15 U.S.C.A. § 41 et seq.].
(i) The term “Fur Products Name Guide” means the register issued by the Commission pursuant to section 69e of this title.
(j) The term “commerce” means commerce between any State, Territory, or possession of the United States, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession or the District of Columbia.
(k) The term “United States” means the several States, the District of Columbia, and the Territories and possessions of the United States.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 2, 65 Stat. 175; Nov. 9, 2000, Pub.L. 106-476, Title I, § 1443(b), 114 Stat. 2167; Dec. 18, 2010, Pub.L. 111-313, § 2(a), 124 Stat. 3326.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
2000 Acts. House Report No. 106-789, see 2000 U.S. Code Cong. and Adm. News, p. 2018.
References in Text
The Federal Trade Commission Act, referred to in text, is Act Sept. 26, 1914, c. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (section 41 et seq.) of this chapter. For complete classification of this Act to the Code, see section 58 of this title and Tables.
Amendments
2010 Amendments. Subsec. (d). Pub.L. 111-313, § 2(a), struck out “; except that such term shall not include such articles (other than any dog or cat fur product to which section 1308 of Title 19 applies) as the Commission shall exempt by reason of the relatively small quantity or value of the fur or used fur contained therein” following “or used fur”.
2000 Amendments. Subsec. (d). Pub.L. 106-476, § 1443(b), inserted “(other than any dog or cat fur product to which section 1308 of Title 19 applies)” following “shall not include such articles”.
Effective and Applicability Provisions
2010 Acts. Pub.L. 111-313, § 2(b), Dec. 18, 2010, 124 Stat. 3326, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 90 days after the date of the enactment of this Act [Dec. 18, 2010].”
2000 Acts. Amendments made by Pub.L. 106-476, Title I, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after Nov. 9, 2000, except as otherwise provided, see section 1471 of Pub.L. 106-476, set out as a note under section 58c of Title 19.
Amendments by section 1443 of Pub.L. 106-476 effective Nov. 9, 2000, see section 1443(c) of Pub.L. 106-476, set out as a note under section 1308 of Title 19.
1951 Acts. Section 14 of Act Aug. 8, 1951, provided that: “This Act [this subchapter], except section 7 [section 69e of this title], shall take effect one year after the date of its enactment [Aug. 8, 1951].”
§ 69a. Violations of Federal Trade Commission Act
(a) Introduction or manufacture for introduction into commerce, sale, advertising or offering for sale in commerce
The introduction, or manufacture for introduction, into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of any fur product which is misbranded or falsely or deceptively advertised or 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 deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C.A. § 41 et seq.].
(b) Manufacture for sale, sale, advertising, offering for sale, transportation or distribution
The manufacture for sale, sale, advertising, offering 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 regulations 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.A. § 41 et seq.].
(c) Introduction into commerce, sale, advertising or offering for sale in commerce or transportation 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 advertised 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 deceptive act or practice, in commerce under the Federal Trade Commission Act [15 U.S.C.A. § 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 mutilate, 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 affixed to such fur product, and any person violating this subsection is 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.A. § 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 selling, advertising, offering for sale or processing a fur product which has been shipped and received in commerce, may substitute for the label affixed to such product pursuant to section 69b of this title, a label conforming to the requirements 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 identification 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 maintain 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.A. § 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) 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 apparel or fur products is not the primary source of income of such person.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 3, 65 Stat. 176; Dec. 18, 2010, Pub.L. 111-313, § 3, 124 Stat. 3326.)
§ 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 misrepresentation or deception, directly or by implication, 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 artificially 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, or other identification issued and registered by the Commission, of one or more of the persons who manufacture such fur product for introduction into commerce, 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.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 4, 65 Stat. 177.)
§ 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 directly 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 colored 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 animal or animals other than the name or names specified in paragraph (1) of this subsection, or contains any form of misrepresentation or deception, directly or by implication, with respect 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 artificially 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 product or fur.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 5, 65 Stat. 178.)
§ 69d. Fur products imported into United States
(a) Necessity of proper labelling; additional information
Fur products imported into the United States shall be labeled so as not to be misbranded within 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.A. § 1401 et seq.], shall set forth, in addition to the matters therein specified, information 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.A. § 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 falsification or perjury of the consignee's declaration provided for in the Tariff Act of 1930, as amended [19 U.S.C.A. § 1202 et seq.], insofar 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 [15 U.S.C.A. § 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 importation of, any fur products or furs into the United States except upon filing bond with the Secretary 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.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 6, 65 Stat. 178.)
§ 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 absence 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 Department of Agriculture and Department of the Interior, after holding public hearings, add to or delete 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 geographical 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 required by this subchapter, such qualifying statements as it may deem necessary to prevent confusion or deception.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 7, 65 Stat. 179.)
§ 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 procedure provided for in the Federal Trade Commission Act [15 U.S.C.A. § 41 et seq.].
(2) The Commission is authorized and directed to prevent any person from violating the provisions 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.A. § 41 et seq.] were incorporated into and made a part of this subchapter; and any such person violating 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 provided 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 information
The Commission is authorized and directed to prescribe rules and regulations governing the manner and form of disclosing information required 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 agencies
The Commission is authorized (1) to cause inspections, analyses, tests, and examinations to be made of any fur product or fur subject to this subchapter; and (2) to cooperate, on matters related 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 department, agency, or political subdivision thereof; or with any person.
(d) Maintenance of records by manufacturer or dealer
(1) Every manufacturer or dealer in fur products or furs shall maintain proper records showing 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 preserve such records is unlawful, and any such manufacturer or dealer who neglects or refuses to maintain 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.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 8, 65 Stat. 179.)
§ 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 provisions of this subchapter, and if after notice from the Commission the provisions of this subchapter 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 disposition as the court may deem proper. If such furs or fur products are disposed of by sale, the proceeds, less legal costs and charges, shall be paid into the Treasury of the United States as miscellaneous receipts.
(b) Grounds for temporary injunction or restraining order; issuance without bond
Whenever the Commission has reason to believe that--
(1) any person is volating, [FN1] or is about to violate, section 69a, 69d, or 69h(b) of this title; and
(2) it would be to the public interest to enjoin such violation until complaint is issued by the Commission under the Federal Trade Commission Act [15 U.S.C.A. § 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 Commission 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 transacts business, to enjoin such violation, and upon proper showing a temporary injunction or restraining order shall be granted without bond.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 9, 65 Stat. 180.)
[FN1] So in original. Probably should be “violating,”.
(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 guaranteed was manufactured or from whom it was received, that said fur product is not misbranded or that said fur product or fur is not falsely advertised 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 guaranty 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 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 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 competition, and an unfair or deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act [15 U.S.C.A. § 41 et seq.].
CREDIT(S)
(Aug. 8, 1951, c. 298, § 10, 65 Stat. 181.)
(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.
(b) Whenever the Commission has reason to believe 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.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 11, 65 Stat. 181.)
§ 69j. Application of other laws
The provisions 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 Congress.
CREDIT(S)
(Aug. 8, 1951, c. 298, § 12, 65 Stat. 181.)