Rules and Regulations Under the Fur Products Labeling Act

FEDERAL TRADE COMMISSION

16 CFR Part 301

Rules and Regulations Under the Fur Products Labeling Act

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (the ``Commission'') is

requesting public comments on its Rules and Regulations under the Fur

Products Labeling Act (the ``Fur Act''). The Commission is also

requesting comments about the overall costs and benefits of the Rules

and their overall regulatory and economic impact as a part of its

systematic review of all current Commission regulations and guides.

DATES: Written comments will be accepted until June 6, 1994.

ADDRESSES: Send comments to Secretary, Federal Trade Commission, room

H-159, Sixth & Pennsylvania Ave., NW., Washington, DC 20580.

Submissions should be marked ``Rules and Regulations under the Fur Act,

16 CFR part 301--Comment.''

FOR FURTHER INFORMATION CONTACT:

Bret S. Smart, Program Advisor, Los Angeles Regional Office, Federal

Trade Commission, 11000 Wilshire Blvd., suite 13209, Los Angeles, CA

90024, (310) 575-7890.

SUPPLEMENTARY INFORMATION: The Commission has determined, as part of

its oversight responsibilities, to review rules and guides

periodically. These reviews will seek information about the costs and

benefits of the Commission's rules and guides and their regulatory and

economic impact. The information obtained will assist the Commission in

identifying rules and guides that warrant modification or recision.

At this time, the Commission solicits written public comments

concerning the Commission's Rules and Regulations under the Fur

Products Labeling Act.

The Fur Act (15 U.S.C. 69) requires covered furs and fur products

to be labeled, invoiced, and advertised to show (1) the name(s) of the

animal that produced the fur(s); (2) that the fur is used fur or that

the fur product contains used fur, when such is the fact; (3) that the

fur product or fur is bleached, dyed, or otherwise artificially

colored, when such is the fact; and (4) the name of the country of

origin of any imported furs used in the fur product. Furthermore, the

Fur Act contains invoicing, advertisting, and recordkeeping provisions.

Pursuant to Section 8(b) of the Fur Act, ``[t]he Commmision is

authorized and directed to prescribe rules and regulations * * * as may

be necessary and proper for purposes of administration and enforcement

of this Act.'' (15 U.S.C. 69f(b).) These implementing rules and

regulations are set forth at 16 CFR part 301.

Currently, Rules 19 and 27 (16 CFR 301.19 and 301.27) include

provisions where measurements are expressed exclusively in inches or

fractions of inches. Under Executive Order 12770 of July 25, 1991 (56

FR 35801, July 29, 1991), and the Metric Conversion Act, as amended by

the Omnibus Trade and Competitiveness Act (15 U.S.C. 205b), all federal

agencies are required to use the SI metric system of measurement in all

procurements, grants, and other business-related actvities (which

includes rulemakings), except to the extent that such use is

impractical or is likely to cause significant inefficiencies or loss of

markets to United States firms. To comply with these requirements,

should the Commission elect to retain Rules 19 and 27 after conducting

this review, the wording of these provisions will be altered to include

the metric equivalents in parentheses beside the measurements in

inches.

Rule 19(i)(1) (16 CFR 301.19(i)(1)) would be revised to read: ``Any

person dressing, processing, or treating a fur pelt in such a manner

that it is required under paragraph (e) or (h) of this section to be

dsecribed as `color altered' or `color added' shall place a black

stripe at least one half inch (1.27 cm) in width across the leather

side of the skin immediately above the rump or place a stamp with a

solid black center in the form of either a two inch (5.08 cm) square or

a circle at least two inches (5.08 cm) in diameter on the leather side

of the pelt and shall use black ink for all other stamps or markings on

the leather side of the pelt.''

Rule 19(i)(2) (16 CFR 301.19(i)(2)) would be revised to read: ``Any

person dressing, processing or treating a fur pelt which after

processing is considered natural under paragraph (g) of this section

shall place a white stripe at least one-half inch (1.27 cm) in width

across the leather side of the skin immediately above the rump or place

a stamp with a solid white center in the form of either a 2-inch (5.08

cm) square or a circle at least 2 inches (5.08 cm) in diameter on the

leather side of the pelt and shall use white ink for all other stamps

or markings on the leather side of the pelt.''

Rule 19(i)(3) (16 CFR 301.19(i)(3)) would be revised to read: ``Any

person dressing, processing or treating a fur pelt in such a manner

that it is considered dyed under paragraph (d) of this section shall

place a yellow stripe at least one-half inch (1.27 cm) in width across

the leather side immediately above the rump or place a stamp with a

solid yellow center in the form of either a 2-inch (5.08 cm) square or

a circle at least 2 inches (5.08 cm) in diameter on the leather side of

the pelt and shall use yellow ink for all other stamps or markings on

the leather side of the pelt.''

Rule 19(1)(2) (16 CFR 301.19(1)(2)) would be revised to read: ``A

recommended method for preparation of samples would be: Carefully pluck

hair samples from 10 to 15 different representative sites on the pelt

or garment. This can best be accomplished by using a long nose

stainless steel pliers with a tip diameter of \1/16\ inch (1.59 mm).

The pliers should be inserted at the same angle as the guard hairs with

the tip opened to \1/4\ inch (6.35 mm). After contact with the hide,

the tip should be raised about \1/4\ inch (6.35 mm), closed tightly and

pulled quickly and firmly to remove the hair.''

The first sentence of Rule 27 (16 CFR 301.27) would be revised to

read: ``At all times during the marketing of a fur product the required

label shall have a minimum dimension of one and three-fourths (1\3/4\)

inches by two and three-fourths (2\3/4\) inches (4.5 cm x 7 cm).''

These are technical, non-substantive amendments to Rules 19 and 27

which merely provide metric equivalents to the measurements expressed

in inches; they do not create any new requirements. Thus, under the

Administrative Procedure Act (5 U.S.C. 553 et seq.), no formal

rulemaking proceeding is necessary to implement these revisions.

If the Commission elects to retain Rule 43 (16 CFR 301.43), ``Use

of deceptive trade or corporate names, trademarks or graphic

representations prohibited,'' after conducting this review, it intends

to update certain terms to reflect statutory and policy changes that

have occurred since Rule 43 was originally promulgated. The phrase

``capacity or tendency to mislead or deceive'' would be changed to

conform with the language regarding deception that is set forth in

Cliffdale Associates, Inc., 103 F.T.C. 110, 164-65 (1984) and

subsequent cases.

Accordingly, the Commission solicits public comments on the

following questions:

1. Is there a continuing need for the Rules and Regulations issued

under the Fur Act?

a. What benefits have the Rules provided to purchasers of the

products or services affected by the Rules?

b. Have the Rules imposed costs on purchasers?

2. What changes, if any, should be made to the Rules to increase

the benefits of the Rules to purchasers?

a. How would these changes affect the costs the Rules impose on

firms subject to their requirements?

3. What significant burdens or costs, including costs of

compliance, have the Rules imposed on firms subject to their

requirements?

a. Have the rules provided benefits to such firms?

4. What changes, if any, should be made to the Rules to reduce the

burdens or costs imposed on firms subject to their requirements?

a. How would these changes affect the benefits provided by the

Rules?

5. Do the Rules overlap or conflict with other federal, state, or

local laws or regulations?

6. Since the Rules were issued, what effects, if any, have changes

in relevant technology or economic conditions had on the Rules?

Authority: 15 U.S.C. 69 et seq.

List of Subjects in 16 CFR Part 301

Advertising, Invoicing, Labeling, Recordkeeping, Fur products.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 94-10939 Filed 5-5-94; 8:45 am]

BILLING CODE 6750-01-M