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Tuesday, July 18, 1950
TITLE 7 AGRICULTURE

FEDERAL REGISTER

TITLE 1& COMMERCIAL
PRACTICES

Chapter VII Production and Mar keting Administration Agricultural Adjustment, Department of Agri culture
Chapter IFederal Trade Commission
P art 728W heat
P art 3 D igest of Cease and D esist Orders
NATIONAL ACREAGE ALLOTMENT FOR 1951
CROP

WESTERN BATT AND BEDDING CO., INC., ET AL.

Sec.
728.103 Basis and purpose.
728.104 1951 national acreage allotment for wheat.
Authority: 728.103 and 728.104 Issued under sec. 375, 52 Stat. 66; 7 U. S. C. 1375;
apply or interpret secs. 301, 332, 333, 52 Stat.
38, 53, as amended; 7 U. S. C. and Sup. 1301, 1332, 1333.

728.103 Basis and purpose. Sections 728.103 and 728.104 are based on sections 301, 332, and 333 of the Agricultural Ad justment Act of 1938, as amended, and its purpose is to announce the national acreage allotment for the 1951 crop of wheat. The act provides that the na tional acreage allotment shall be that acreage which the Secretary determines will, on the basis of the national average yield for wheat, produce an amount thereof adequate, together with the esti mated carry-over at the beginning of the marketing year for such crop and imports, to make available a supply for such marketing year equal to a normal years domestic consumption and exports plus 30 per centum thereof. The find ings and determinations made by the Secretary in 728.104 have been made on the basis of the latest available sta tistics of the Federal Government and after due consideration within the limits permitted by the Agricultural Adjust ment Act of 1938, as amended, of data, views, and recommendations received pursuant to public notice 15 F. R. 2686
given in accordance with the Adminis trative Procedure Act.
728.104 1951 national acreage allot ment for wheat, a The estimated carry-over of wheat for the marketing year beginning July 1,1951, is 374 million bushels;
b A normal years domestic con sumption and exports of wheat are 1,172
million bushels;
c Imports of wheat during the mar keting year beginning July 1, 1951, are estimated to be negligible;
d The "national average yield of wheat is 15.8 bushels per acre;
.e The national acreage allotment for the 1951 crop of wheat is 72,784,810 acres.
Issued at Washington, D. C., this 14th day of July 1950.
seal
D illard B. L asseter,
Acting Secretary of Agriculture.
F. R. Doc. 50-6239; FUed, July 14, 1950;
3:04 p. m.

Docket 5682

SubpartMisbranding or mislabeling;
3.1190 Composition; Wool Products Labeling Act. 3.1325 Source or origin;
Wool Products Labeling Act. Subpart Neglecting, unfairly or deceptively, to make material disclosure : 3.1845 Com position; Wool Products Labeling Act;
3,1900 Source or origin; Wool Products Labeling Act. In connection with the introduction or manufacture for intro duction into commerce, or the sale, trans portation, or distribution in commerce, of woolen batts or other wool products, as defined in and subject to the Wool Products Labeling Act of 1939, which products contain, purport to contain, or in any way are represented as containing wool, reprocessed wool, or reused wool, as those terms are defined in said act, misbranding such woolen batts or other products, by failing to affix securely to or place on such products a stamp, tag, label, or other means of identifica tion showing in a clear and conspicuous manner, a the percentage of the total fiber weight of such wool product, ex clusive of ornamentation not exceeding 5 per centum of said total fiber weight, of 1 wool, 2 reprocessed wool, 3 re used wool, 4 each fiber other than wool where said percentage by weight of such fiber is 5 per centum or more, and 5
the aggregate of all other fibers; b the maximum percentage of the total weight of such wool product of any nonfibrous loading, filling, or adulterating matter;
and c the name or the registered iden tification number of the manufacturer of such wool product, or of one or more persons engaged in introducing such wool product into commerce,-or in the sale, transportation, or distribution thereof in commerce, as commerce is defined in the Federal Trade Commis sion Act and in the Wool Products Label ing Act of 1939; prohibited, subject to the qualification, however, that the fore going provisions concerning misbranding shall not be construed to prohibit acts permitted by paragraphs a and b of section 3 of the Wool Products Labeling Act of 1939; and subject to the further provision that nothing contained in the order shall be construed as limiting any applicable provisions of said act or the rules and regulations promulgated there under.
Sec. 6, 38 Stat. 722; 15 U. S. C. 46. Interpret or apply sec. 5, 38 Stat. 719, aa amended; 15
U. S. C. 45 Cease and desist order, Western Batt and Bedding Company, Inc., et al.f docket 5682, May 24, 1950

In the Matter of Western Batt and Bedding Company, Inc., a Corporation, and Lee Brown, Individually and as an Officer of the Western Batt and Bed ding Company, Inc.
This proceeding having been heard by the Federal Trade Commission upon the
4543
complaint of the Commission, and the answer of respondents, in which joint answer respondents admit all the mate rial allegations of fact set forth in said complaint and waive all intervening pro cedure, including the filing of recom mended decision by the trial examiner and further hearing as to said facts, and the Commission having made its find ings as to the facts and its conclusion that respondents have violated the pro visions of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939:
It is ordered, That respondents West ern Batt and Bedding Company, Inc., a corporation, its officers, agents, repre sentatives, and employees, and Lee Brown, individually, and his agents, representatives, and employees, directly or through any corporate or other de vice, in connection with the introduc tion or manufacture for introduction into commerce, or the sale, transporta tion, or distribution in commerce, as commerce is defined in the aforesaid acts, of woolen batts or other wool prod ucts, as such products are defined in and subject to the Wool Products Labeling Act of 1939, which products contain, purport to contain, or in any way are represented as containing wool, re processed wool, or reused wool, as those terms are defined in said act, do forthwith cease and desist from mis branding such woolen batts, or other products, by failing to affix securely to or place on such products a stamp, tag, label, or other means of identification showing in a clear and conspicuous man ner:
a The percentage of the total fiber weight of such wool product, exclusive of ornamentation not exceeding 5 percentum of said total fiber weight, of 1
wool, 2 reprocessed wool, 3 reused wool, 4 each fiber other than wool where said percentage by weight of such fiber is 5 percentum or more, and 5
the aggregate of all other fibers.
b The maximum percentage of the total weight of such wool product of any nonfibrous loading, filling, or adulterat ing matter.
c The name or the registered identi fication number of the manufacturer of such wool product, or of one or more persons engaged in introducing such wool product into commerce, or in the sale, transportation, or distribution thereof in commerce, as commerce is defined in the Federal Trade Commission Act and in the Wool Products Labeling Act of 1939.
Provided, That the foregoing provisions concerning misbranding shall not be construed to prohibit acts permitted by paragraphs a and b of section 3 of the Wool Products Labeling Act of 1939 ;
And provided, further, That nothing contained in this order shall be con strued as limiting any applicable provi sions of said act or the rules and regula tions promulgated thereunder.
It is further ordered, That the re spondents shall, within sixty 60 days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the man-