under and in pursuant of the terms of this Act as may be necessary and proper for administration and enforce ment. The Commission is also authorized to cause inspections, analyses, tests, and examinations to be made of any wool products subject to this Act; and to cooperate 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. (b) Every manufacturer of wool products shall maintain proper records showing the fiber content as required by this Act 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 preserve such records is unlawful, and any such manufacturer who neglects or refuses to maintain 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. Sec. 7. CONDEMNATION AND INJUNCTION PROCEEDINGS. (54 Stat. 1131; 15 U. S. C. A., sec. 68e.) SEC. 7. (a) Any wool products 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 wool products are 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 Act, and if after notice from the Commission the provisions of this Act 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; [1132] 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 properly stamped, tagged, labeled, or otherwise Injunction Imports to be properly labeled. Invoices to comply herewith prior to certification under Act of June 17, 1930. Falsification of invoices is unfair method of competition, etc. identified under the provisions of this Act; 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) Whenever the Commission has reason to believe that (1) Any person is violating, or is about to violate, sections 3, 5, 8, or 9 of this Act, and that (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 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 Commisison 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. Sec. 8. EXCLUSION OF MISBRANDED WOOL PRODUCTS. (54 Stat. 1132; 15 U. S. C. A., sec. 68f.) SEC. 8. All wool products imported into the United States, except those made more than twenty years prior to such importation, shall be stamped, tagged, labeled, or otherwise identified in accordance with the provisions of this Act, 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 Act, 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 falsification or perjury of the consignee's declaration provided for in said Act of June 17, 1930, in so far as it relates to said information, shall be an unfair method of competition, and an ing, etc. 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 Person falsifyinvoices, or who falsifies or perjures said consignee's declaration in so far as it relates to said information, may thenceforth be prohibited by the Commission from importing, or participating in the importation of, any wool products into the United States except upon filing bond with the Secretary of the Treasury in a sum double the value of said wool products and any duty thereon, conditioned upon compliance with the provisions of this Act. A verified statement from the manufacturer or producer of such wool products showing their fiber content as required under the provisions of this Act may be required under regulations prescribed by the Secretary of the Treasury. Sec. 9. GUARANTY. (54 Stat. 1132; 15 U. S. C. A., sec. 68g.) SEC. 9. (a) No person shall be guilty under section 3 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, [1133] from whom it was received, that said wool product is not misbranded under the provisions of this Act. Violators to file double value of plus duty. bond in sum wool imports, may require manufacturer's Sec. of Treas. statement of fiber content. Manufacturer's guaranty of proper brand of other from liability Guaranty may (1) Separate, on specific product; or (2) Continuing, Said guaranty shall be either (1) a separate guaranty be specifically designating the wool product guaranteed, in which case it may be on the invoice or other paper relating to said wool product; or (2) a continuing guar- on all products. anty filed with the Commission applicable to all wool products handled by a guarantor in such form as the Commission by rules and regulations may prescribe. (b) Any person who furnishes 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 wool product guaranteed was manufactured and/or from whom it was received, with reason to believe the wool product falsely guaranteed may be introduced, sold, transported, or distributed in commerce, is guilty of an unfair method of competition, and an un Furnishing false guaranty is unfair petition, etc. method of com Penalties: Certification of facts concerning guilt to Atty. Gen. No limitation on other Acts. Effective 9 mos. after passage. Invalidity of part not to affect remainder. Carpets, upholsteries, etc., excepted. fair and deceptive act or practice, in commerce within the Sec. 10. CRIMINAL PENALTY. (54 Stat. 1133; 15 SEC. 10. Any person who willfully violates sections 3, 5, 8, or 9 (b) of this Act 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 Act. 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. Sec. 11. APPLICATION OF EXISTING LAWS. (54 SEC. 11. The provisions of this Act 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. Sec. 12. EFFECTIVE DATE. (54 Stat. 1133.) SEC. 12. This Act shall take effect nine months after the date of its pasage. Sec. 13. SEPARABILITY CLAUSE. (54 Stat. 1133.) SEC. 13. If any provision of this Act, or the application thereof to any person, partnership, corporation, or circumstance is held invalid, the remainder of the Act and the application of such provision to any other person, partnership, corporation, or circumstance shall not be affected thereby. Sec. 14. EXCEPTIONS. (54 Stat. 1133; 15 U. S. C. A., sec. 68j.) SEC. 14. None of the provisions of this Act shall be construed to apply to the manufacture, delivery for shipment, shipment, sale, or offering for sale any carpets, rugs, mats, or upholsteries, nor to any person manufacturing, delivering for shipment, shipping, selling, or offering for sale any carpets, rugs, mats, or upholsteries. Approved, October 14, 1940. Sec. 1. CONTRACTS, COMBINATIONS, ETC., IN PENALTY. (50 Stat. 693; 15 U. S. C. A., sec. 1.) SECTION 1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal: Provided, That nothing herein contained shall render illegal, contracts or agreements prescribing minimum prices for the resale of a commodity which bears, or the label or container of which bears, the trade mark, brand, or name of the producer or distributor of such commodity and which is in free and open competition with commodities of the same general class produced or distributed by others, when contracts or agreements of that description are lawful as applied to intrastate transactions, under any statute, law, or public policy now or hereafter in effect in any State, Territory, or the District of Columbia in which such resale is to be made, or to which the commodity is to be transported for such resale, and the making of such contracts or agreements shall not be an unfair method of competition under section 5, as amended and supplemented, of the act entiled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes." approved September 26, 1914: Provided further, That the preceding proviso shall not make lawful any contract or agreement, providing for the establishment or maintenance of minimum resale prices on any commodity herein involved, between manufacturers, or between producers, or between wholesalers, or between brokers, or between factors, or between retailers, or between persons, firms, or corporations in competition with each other. Every person who shall make any contract or engage in any combination or conspiracy hereby decleared to be [694] illegal shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished. by fine not exceeding $5,000, or by imprisonment not 1 Published as amended by Miller-Tydings Act (Pub., No. 314, 75th Cong., H. R. 7472, approved Aug. 17, 1937). |