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Tuesday, June 28, 1955

FEDERAL REGISTER

4533

Sec.
of the recommendation and information binations thereof, or parts or accessories 142.0 Definitions.
submitted by the Lemon Administrative therefor. According to available infor groupz Committee, established under the said mation, retail sales of industry products amended marketing agreement and or aggregate nearly two and one-half bil 142.1 Misbranding, misrepresentation, and deceptive seUing methods.
der, and upon other available informa lion dollars per annum.
The rules constitute a revision and 142.2 All-wave, world-wave, "w orld tion, it is hereby found that the limita wide wave, standard broadcast, tion of the quantity of such lemons extension of those promulgated for the etc.
which may be handled, as hereinafter Radio Receiving Set Manufacturing In 142.3 Specific types of advertisements or dustry on July 22, 1939.
Numerous provided, will tend to effectuate the representations among those pro changes embodying clarification of the declared policy of the act.
hibited.
2 It is hereby further found that it applicable requirements of laws admin 142.4 Sponsorship.
istered by the Commission have been 142.5
Alteration o f identifying names or is impracticable and contrary to the pub marks.
lic interest to give preliminary notice and made.
Primary objectives of the rules are the 142.6 Misrepresentation of cabinet com engage in public rule-making procedure, position.
and postpone the effective date of this maintenance of free and fair competition 142.7 Deceptive use or change of cabinets.
amendment until 30 days after publica in the industry and the elimination and 142.8 Alteration or removal of serial num
tion thereof in the F ed er al R e g is t e r 60 prevention of unfair methods of compe bers.
Stat. 237; 5 U. S. C. 1001 et seq. because tition, unfair acts or practices, and other 142.9 Deception as to size of picture.
the time intervening between the date trade abuses. They are to be applied to 142.10 Deception as to the convertibility of a television receiving set to services when information upon which this such end and to the exclusion of any acts other than those for which it was amendment is based became available or practices which suppress competition originally manufactured.
and the time when this amendment must or otherwise restrain trade.
142.11
Misuse of terms discontinued Proceedings to revise the trade prac become effective in order to effectuate model, floor sample, demon tice rules as previously promulgated for the declared policy of the Agricultural strator, etc.
Marketing Agreement Act of 1937, as the industry were instituted pursuant to 142.12 Deception as to being new.
industry applications.
Drafts of sug 142.13 Deception as to identity of m anufac amended, is insufficient, and this amend turer when products are repaired, ment relieves restriction on the handling gested rules prepared by several industry trade associations were discussed in a reconditioned, or rebuilt by other of lemons grown in the State of Cali than the original manufacturer.
trade practice conference in Washing fornia or in the State of Arizona.
142.14 Misuse of terms factory rebuilt and Order, as amended. The provisions in ton, D. C., on June 21, 1951. A second rebuilt.
paragraph b 1 ii of 953.701 session of the conference was held in 142.15 Deceptive pricing.
Lemon Regulation 594; 20 F. R. 4280 Washington on September 26, 27, and 28 142.16 Misrepresentation as to the effective ness of television antennas.
are hereby amended to read as follows: in 1951, and a draft of suggested rules prepared by the Commissions staff was 142.17 Guaranties, warranties, etc.
ii District 2: 700 carloads.
used as a basis for discussion. Addi 142.18 Use of the word free.
tional problems raised by new technical 142.19 False invoicing.
Sec. 5, 49 Stat. 753, as amended; 7 U. S. C.
developments in the industry were pre 142.20 Im itation of trademarks, trade 608c names, etc.
sented, and in accordance with the Dated: June 23, 1955.
sales coercing purchase of expressed wishes of industry members a 142.21 T ie-in one product as a prerequisite to seal S. R . S m it h , third session of the conference was held the purchase of other products.
Director, F ruit and Vegetable in Washington on June 18, 1952, where 142.22 U n fair threats of infringement suits.
Division, Agricultural M ar an all-industry committees draft of 142.23 Prohibited forms of trade restraints keting Service.
un law fu l price fixing, etc.
twenty-nine suggested rules was dis cussed. Thereafter, proposed rules were 142.24 Consignment distribution.
F. R. Doc. 55-5143; Filed, June 27, 1955;
142.25
Use of lottery.
published by the Commission and made 8:53 a. m .
of competitors or false available to all industry members and to 142.26 Defamation disparagement of their products.
all other interested or affected parties 142.27 Enticing away employees of com upon public notice whereby they were TITLE 16 COMMERCIAL
petitors.
afforded opportunity to present their 142.28 Procurement of competitors con PRACTICES
fidential information.
views, including such pertinent informa Commercial bribery.
Chapter I Federal Trade Coitutiission tion, suggestions, amendments, or objec 142.29
tions as they desired to offer, and to be 142.30 Exclusive deals.
142.31 Push money.
Subchapter B Trade Practice Conference Rules heard in the premises. Pursuant to such 142.32 Prohibited discrimination.
notice, public hearings were held in File No. 21-431
A u t h o r it y : 142.0 to 142.32, issued Washington on October 8 and December P art 142 R adio a n d T e l e v i s io n 7, 1953, and all matters there presented, under sec. 6, 38 Stat. 721; 15 U. S. C. 46. In
I ndustry or apply sec. 5, 38 Stat. 719, or otherwise received in the proceeding, terpret amended; 15 U. S. C. 45.
Due proceedings having been held were duly considered.
142.0 Definitions. As used in the under the trade practice conference pro Thereafter, and upon full considera cedure in pursuance of the Act of Con tion of the entire matter, final action was rules in this part, the terms industry gress approved September 26, 1914, as taken by the Commission whereby it ap member and industry products shall amended Federal Trade Commission proved the Group I rules as hereinafter have the following meanings, respec A c t, and other provisions of law admin set fo rth .. .
tively:
Industry member: Any person, firm, Rules 6, 9, and 12 become operative istered by the Commission;
I t is now ordered, That the Group I six 6 months from the date of promul corporation, or organization engaged in trade practice rules as hereinafter set gation, All of the other rules become the manufacture, sale, or distribution of forth, which have been approved by the operative thirty 30 days from date of industry products as hereinafter defined.
Industry products: Radio receiving Commission in this proceeding, be pro promulgation.
The rules. These rules promulgated sets, television receiving sets, combina mulgated as of June 28, 1955.
Statement by the Commission. R e by the Commission are designed to foster tion radio and television receiving sets, vised and extended trade practice rules and promote the maintenance of fair or parts or accessories therefor.
for the Radio and Television Industry, competitive conditions in the interest of GROUP i formerly known as the Radio Receiving protecting industry, trade, and the pub Set Manufacturing Industry, are pro lic. It is to this end, and to the exclusion General statement. The unfair trade mulgated by the Federal Trade Commis of any act or practice which fixes or con practices embraced in the Group I rules trols prices through combination or sion as hereinafter set forth.
in this part are considered to be unfair The industry is composed of persons, agreement, or which unreasonably re methods of competition, unfair or de strains traite or suppresses competition, firms, corporations, and organizations ceptive acts or practices, or other il engaged in the manufacture, sale, or dis or otherwise unlawfully injures, destroys, legal practices, prohibited under laws tribution in commerce of radio receiving or prevents competition, that the rules a dm in istered by the Federal Trade Comsets television receiving sets, or comare to be applied.