"Person." "Wool." "Reprocessed wool." "Reused wool." "Wool product." [Approved Oct. 14, 1940] [PUBLIC NO. 850-76TH CONGRESS] [CHAPTER 871-3D SESSION] [S. 162] AN ACT To protect producers, manufacturers, distributors, and consumers from the unrevealed presence of substitutes and mixtures in spun, woven, knitted, felted, or otherwise manufactured wool products and for other purposes [Sec. 1.] TITLE. (54 Stat. 1128.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Wool Products Labeling Act of 1939." Sec. 2. DEFINITIONS. (54 Stat. 1128; 15 U. S. C. A., sec. 58.) SEC. 2. As used in this Act (a) The term "person" means an individual, partnership, corporation, association, or any other form of business enterprise, plural or singular, as the case demands. (b) The term "wool" means the fiber from the fleece of the sheep or lamp or hair of the Angora or Cashmere goat (and may include the so-called specialty fibers from the hair of the camel, alpaca, llama, and vicuna) which has never been reclaimed from any woven or felted wool product. (c) The term "reprocessed wool means the resulting fiber when wool has been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state. (d) The term "reused wool" means the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in any way by the ultimate consumer, subsequently has been made into a fibrous state. [1129] (e) The term "wool product" means any product, or any portion of a product, which contains, pur 1 Rules and Regulations under the Act may be had upon application to the Commission. ports to contain, or in any way is represented as containing wool, reprocessed wool, or reused wool. (f) The term "Commission" means the Federal Trade "Commission." Commission. "Federal (g) The term "Federal Trade Commission Act" means the Act of Congress entitled "An Act to create a Federal sion Act." Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914, as amended, and the Federal Trade Commission Act approved March 21, 1938. (h) The term "commerce" means commerce among the "Commerce." several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation. (2) The term "Territory" includes the insular possessions of the United States and also any Territory of the United States. Sec. 3. MISBRANDING DECLARED UNLAWFUL. This section shall not apply (a) To any common carrier or contract carrier in respect to a wool product shipped or delivered for shipment in commerce in the ordinary course of its business; or "Territory." Misbranding an of competition deceptive act or unfair method and unfair or practice. Exceptions: contract car Common and riers ; Exporters complying with foreign laws. Misbranded when (1) Falsely stamped, etc.; (2) Not stamped with (A) Percentage of wool, etc., and other fiber, excepting deviations due to unavoidable variations in manufacture; etc. (B) Maximum percentage of loading; and (C) Name of manufacturer; (3) Percentage of wool content is not plainly legible; (4) Total fiber weight of wool (b) To any person manufacturing, delivering for shipment, shipping, selling, or offering for sale, for exportation from the United States to any foreign country a wool product branded in accordance with the specifications of the purchaser and in accordance with the laws of such country. Sec. 4. MISBRANDED WOOL PRODUCTS. (54 SEC. 4 (a) A wool product shall be misbranded— (1) If it is falsely or deceptively stamped, tagged, labeled, or otherwise identified. (2) If a stamp, tag, label, or other means of identification, or substitute therefor under section 5, is not on or affixed to the wool product and does not show (A) the percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding 5 per centum of said total fiber weight, of (1) wool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool if said percentage by weight of such fiber is 5 per centum or more; and (5) the aggregate of all other fibers: Provided, That deviation of the fiber contents of the wool product from percentages stated on the stamp, tag, label, or other means of identification, shall not be misbranding under this section if the person charged [1130]. with misbranding proves such deviation resulted from unavoidable variations in manufacture and despite the exercise of due care to make accurate the statements on such stamp, tag, label, or other means of identification. (B) the maximum percentage of the total weight of the wool product, of any nonfibrous loading, filling, or adulterating matter. (C) the name of the manufacturer of the wool product and/or the name of one or more persons subject to section 3 with respect to such wool product. (3) In the case of a wool product containing a fiber other than wool, if the percentages by weight of the wool contents thereof are not shown in words and figures plainly legible. (4) In the case of a wool product represented as wool, product is not if the percentages by weight of the wool content thereof 100% wool. are not shown in words and figures plainly legible, or if the total fiber weight of such wool product is not 100 per centum wool exclusive of ornamentation not exceeding 5 per centum of such total fiber weight. ble on label. Non-conform (b) In addition to information required in this section, the stamp, tag, label, or other means of identification, or substitute therefor under section 5, may contain other information not violating the provisions of this on permissi Act or the rules and regulations of the Commission. (c) If any person subject to section 3 with respect to a wool product finds or has reasonable cause to believe its stamp, tag, label, or other means of identification, or substitute therefor under section 5, does not contain the information required by this Act, he may replace same with a substitute containing the information so required. ing labels replaceable with required information. substitutes containing excluded (d) This section shall not be construed as requiring designation on garments or articles of apparel of fiber Linings, etc., content of any linings, paddings, stiffening, trimmings, or facings, except those concerning which express or implied representations of fiber content are customarily made, nor as requiring designation of fiber content of products which have an insignificant or inconsequential textile content: Provided, That if any such article or product purports to contain or in any manner is represented as containing wool, this section shall be applicable thereto and the information required shall be separately set forth and segregated. The Commission, after giving due notice and opportunity to be heard to interested persons, may determine and publicly announce the classes of such articles concerning which express or implied representations of fiber content are customarily made, and those products which have an insignificant or inconsequential textile content. Sec. 5. AFFIXING OF STAMP, TAG, LABEL, OR OTHER IDENTIFICATION. (54 Stat. 1130; 15 U.S. C. A., sec. 68c.) SEC. 5. Any person manufacturing for introduction, or first introducing into commerce a wool product shall affix thereto the stamp, tag, label, or other means of identification required by this Act, and the same, or substitutes therefor containing identical information with respect to content of the wool product or any other Except when containing represented as wool. Commission to classes for labeling. Stamp, etc., to affixed to wool be and remain product until sold to consumer: Except that manufacturer's name may be replaced. Removal or mutilation of stamp, etc., is unfair method of competition, etc. Commission the enforcing agency products contained therein in an amount of 5 per centum. or more by weight and other information required under section 4, shall be and remain affixed to such wool product, whether it remains in its original state or is contained in garments or other articles made in whole or in part therefrom, until sold to the consumer: Provided, That the name of the manufacturer of the wool product need not appear on the substitute stamp, tag, or label if the name of the person who affixes the substitute appears thereon. Any person who shall cause or participate in the removal or mutilation of any stamp, tag, label, or other means of identification affixed to a wool product with intent to violate the provisions of [1131] this Act, 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. Sec. 6. ENFORCEMENT OF THE ACT. (54 Stat. 1131; 15 U. S. C. A., sec. 68d.) SEC. 6. (a) Except as otherwise specifically provided herein, this Act shall be enforced by the Federal 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 provisions of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable Under all appli- terms and provisions of the Federal Trade Commission cable provi sions of the Commission Commission to make necessary rules and regulations Act were incorporated into and made a part of this Act; and any such person violating the provisions of this Act shall be subject to the penalties and entitled to the privileges and immunities provided in said Federal Trade Commission Act, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though the applicable terms and provisions of the said Federal Trade Commission Act were incorporated into and made a part of this Act. The Commission is authorized and directed to make rules and regulations for the manner and form of disclosing information required by this Act, and for segregation of such information for different portions of a wool product as may be necessary to avoid deception or confusion, and to make such further rules and regulations |