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3670

FEDERAL REGISTER,
Saturday , August 19, 1939

TITLE 16 COMMERCIAL PRACTICES proposed for the industry was made available upon public notice issued by FEDERAL TRADE COMMISSION
the Commission to all interested or af fected parties, whereby they were af United States of America Before forded opportunity to present their views, Federal Trade Commission Including such pertinent information, A t a regular session of the Federal suggestions or objections as they desired Trade Commission held at its office in to submit, and to be heard in the prem the City of Washington,. D. C., on the ises. Accordingly, public hearing pur P u b lis h e d b y th e D iv isio n o f th e Federal R egister, T h e N a tio n a l Archives, p u rs u a n t to 11th day of August, A. D. 1939.
suant to such notice was held in Wash Commissioners: Robert E. Freer, th e au th o rity con tained in th e Federal ington on July 27, 1939, and all matters R egister Act, approved J u ly 26, 1935 49 Chairman; Garland S. Ferguson, Charles submitted in the proceeding were duly Stat. L . 500, u n d e r re gu la tio n s prescribed H.
March, Ewin L.
Davis, William A.
b y th e Adm in istrative C om m ittee, w ith th e received and considered.
Ayres.
ap p ro val o f th e P residen t.
Thereafter, and upon consideration of T h e A d m in istra tive C om m ittee consists of F ile No. 21-339
the entire proceeding, final action was th e A rch ivist o r A c tin g Archivist, a n officer o f th e D ep a rtm e n t o f Justice designated b y I n t h e M a t t e r o f T r a d e P r a c t i c e R u l e s taken by the Commission whereby it ap th e A ttorn ey G en eral, a n d th e P u b lic P rin te r proved and received, respectively, the f o r t h e M a r k in g D e v ic e s I n d u s t r y or A c tin g P u b lic Prin ter. .
rules appearing herein under Group I
T h e d aily issue o f th e F ederal R egister Promulgation and Group II.
w ill b e fu rn ish e d b y m a il to subscribers, free o f postage, fo r $1 p er m o n th or $10 per year;
Due proceedings having been h eld1
THE RULES
sin gle copies 10 cents each; p ay able in a d
vance. R em it b y m on ey order p ay able to under the trade practice conference pro These rules promulgated by the Com S u p e rin te n d e n t o f D ocum en ts, G ove rn m e n t cedure in pursuance of the Act of Con P rin tin g Office, W a sh in g to n , D . C .

gress approved September 26, 1914, as mission are designed to foster and pro C orrespondence con cern ing th e p u b lic a
mote fair competitive conditions in the tio n of th e F ederal R egister sh o u ld b e a d amended Federal Trade Commission interest of the industry and the public.
dressed to th e D irector, D ivisio n o f th e A ct, and other provisions of law ad They are not to be used, directly or in F ed eral Register, T h e N a t io n a l Archives, ministered by the Commission;
W ash in g to n , D . C.
I t is now ordered, That the trade prac directly, as part of or in connection with tice rules of Group I and Group H, as any combination or agreement to fix hereinafter set forth,2 which have been prices, or for the suppression of competi and other pertinent provisions of said approved and received, respectively, by tion, or otherwise to unreasonably re Act and the rules and regulations issued the Commission in this proceeding, be strain trade.
Group I
thereunder by the Secretary of Agricul promulgated as of August 19, 1939.
ture.
The unfair trade practices which are Statement by the Commission embraced in the Group I rules are con seal M . L . W il s o n , Trade Practice Rules for the Marking sidered to be unfair methods of competi Acting Secretary of Agriculture.
Devices Industry, as hereinafter set tion, unfair or deceptive acts or practices, F . R . Doc. 39-3042; Filed, A u g u s t 17, 1939; forth, are promulgated by the Federal or other illegal practices, prohibited, 2:31 p. m .
Trade Commission under its trade prac within the purview of the Federal Gov tice conference procedure.
ernment, by acts of Congress, as con These rules provide for the elimina strued in the decisions of the Federal tion and prevention of various unfair Trade Commission or the courts; and ap N o t i c e U n d e r P a c k e r s a n d S t o c k y a r d s methods of competition, unfair or decep propriate proceedings in the public in tive acts or practices, and other trade terest will be taken by the Commission Act1
abuses, and are directed toward promot to prevent the use, by any person, A u g u s t 17, 1939.
ing and maintaining fair competitive partnership, corporation or other organ To J o h n B a c h m a n and H. C. P e t e r s o n , conditions and protection of purchasers ization, of such unlawful practices in or and the public interest. They consist of directly affecting interstate commerce.
Partners, 97.1 R u l e 1. Misbranding. The Doing business as Chappell Sales PaL a revision and extension of the rules which had heretofore been issued by the false or deceptive marking or branding of vilion, Chappell, Nebr.
Commission for this industry on Sep products of the industry with respect to Notice is hereby given that after in tember 1, 1933, and take the place of the grade, quality, quantity, use, size, ma quiry, as provided by Section 302 b of such previously issued rules.
terial, content, substance, origin, prep the Packers and Stockyards Act, 1921 7
aration, manufacture or distribution of Members of this industry are engaged U.S.C. Sec. 202 b , it has been ascer such products, or in any other material tained by me that the stockyard known in the manufacture, sale and distribu as the Chappell Sales Pavilion at Chap tion of rubber and metallic stamps and respect, is an unfair trade practice.
97.2 R u l e 2. Misrepresentation of dies, numbering and dating machines, pell, State of Nebraska, is subject to the stencils and stencil cutting machines, industry products. It is an unfair trade provisions of said Act.
The attention of stockyard owners, seals and seal presses, and stamped practice to make or publish, or cause to plates, tags, labels, signs, checks, badges be made or published, directly or indi market agencies, dealers, and other per sons concerned is directed to Sections 303 and numerous other similar articles and rectly, any false, misleading or deceptive and 306 7 U.S.C. Secs. 203 and 207 and products. According to available esti statement or representation, by way of other pertinent provisions of said Act mates, the industry, numbering about a advertisement or otherwise, concerning and the rules and regulations issued thousand concerns, transacts an aggre the grade, quality, quantity, use, size, ma thereunder by the Secretary of Agricul gate annual volume of business amount terial, content, substance, origin, prep ing to approximately $15,000,000.
aration, manufacture or distribution of ture.
The proceeding for the establishment any product of the industry, or in any seal M . L . W i l s o n ,of trade practice rules was instituted other material respect.
Acting Secretary of Agriculture.
97.3 R u l e 3. Misrepresentation as upon application of the industry. In the course thereof a draft of the rules as to Character of Business. For any per F . R. Doc. 39-3045; Filed, A u g u s t 18, 1939;
son, firm or corporation to hold himself 9:23 a. m .
X4 F .R . 2951 D I.
or itself out to the public as a manufac 2 These ru le s supersede the ru le s previously turer or wholesaler when such is not the p rom u lgated fo r th is in d u stry on Septem ber 1 M odifies list posted stockyards 9 C F R
fact, or in any other manner to mis1, 1933.
204.1