[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Proposed Rules]
[Pages 72132-72134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30050]
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FEDERAL TRADE COMMISSION
16 CFR Part 301
Regulations Under The Fur Products Labeling Act
AGENCY: Federal Trade Commission.
ACTION: Announcement of public hearing.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') will
hold a public hearing on December 6, 2011, as part of the
congressionally mandated review of its Fur Products Name Guide. The
hearing will allow interested parties to present views on whether the
Commission should amend the Fur Products Name Guide.
DATES: The hearing will be held on Tuesday, December 6, 2011, from 9
a.m. to 1 p.m. at the FTC's Satellite Building Conference Center,
located at 601 New Jersey Avenue NW., Washington, DC 20001.
REGISTRATION INFORMATION: The hearing is open to the public, and there
is no fee for attendance. If resources are available
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for broadcasting, this hearing will be available via a webcast (check
the FTC Web site, http://www.ftc.gov, for a webcast announcement). For
admittance to the Conference Center, all attendees will be required to
show a valid photo identification, such as a driver's license. The FTC
will accept pre-registration for this hearing. Pre-registration is not
necessary to attend, but is encouraged so that we may better plan this
event. To pre-register, please email your name and affiliation to
mwilshire@ftc.gov. When you pre-register, we will collect your name,
affiliation, and your email address. This information will be used to
estimate how many people will attend. We may use your email address to
contact you with information about the hearing.
Under the Freedom of Information Act or other laws, we may be
required to disclose to outside organizations the information you
provide. For additional information, including routine uses of your
information permitted by the Privacy Act, see the Commission's Privacy
Policy at http://www.ftc.gov/ftc/privacy.htm. The FTC Act and other
laws the Commission administers permit the collection of this contact
information to consider and use for the above purposes.
FOR FURTHER INFORMATION CONTACT: Matthew Wilshire, (202) 326-2976,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Background
The FTC will hold a public hearing on December 6, 2011, regarding
whether to amend its Fur Products Name Guide (``Name Guide''), 16 CFR
301.0. This hearing is part of a review of the Name Guide, which is
required by the Truth in Fur Labeling Act (``TFLA'').\1\ On March 14,
2011, the Commission published an Advance Notice of Proposed Rulemaking
(``ANPR'') initiating the review,\2\ seeking comment on the Name Guide
as well as all of the Commission's regulations (``Fur Rules'') under
the Fur Products Labeling Act (``Fur Act'').\3\
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\1\ Public Law 111-313.
\2\ Federal Trade Commission: Advance notice of proposed
rulemaking: request for comment, 76 FR 13550 (Mar. 14, 2011).
\3\ 15 U.S.C. 69-69j.
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To implement any change to the Name Guide, the Fur Act requires the
Commission to hold a public hearing.\4\ Although the Commission has not
determined whether to amend the Name Guide, it will hold a public
hearing to consider the significant issues raised by the comments it
received in response to the ANPR. Accordingly, the Commission issues
this Federal Register Notice to announce the upcoming hearing and
propose issues that attending parties should address.
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\4\ 15 U.S.C. 69e(b).
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This announcement first provides background on the Fur Act and
Rules, the Name Guide, and the ANPR and the comments received in
response. It then suggests issues for discussion at the hearing.
A. Fur Act and Rules
The Fur Act prohibits misbranding and false advertising of fur
products, and requires labeling of most fur products.\5\ Pursuant to
the Act, the Commission promulgated the Fur Rules to establish
disclosure requirements that assist consumers in making informed
purchasing decisions.\6\ Specifically, the Fur Act and Rules require
fur manufacturers, dealers, and retailers to place labels on products
made entirely or partly of fur disclosing: (1) The animal's name as
listed in the Name Guide; (2) the presence in the fur product of any
used, bleached, dyed, or otherwise artificially colored fur; (3) the
presence in the fur product of any paws, tails, bellies, or waste fur;
(4) the name or Registered Identification Number of the manufacturer or
other party responsible for the garment; and (5) the garment's country
of origin.\7\ In addition, manufacturers must include an item number or
mark on the label for identification purposes.\8\
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\5\ 15 U.S.C. 69 et seq.
\6\ 16 CFR part 301.
\7\ 15 U.S.C. 69b(2); 16 CFR 301.2(a).
\8\ 16 CFR 301.40.
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B. The Name Guide
The Fur Act requires the Commission to maintain ``a register
setting forth the names of hair, fleece, and fur-bearing animals.'' \9\
The Act further requires these names to ``be the true English names for
the animals in question, or in the absence of a true English name for
an animal, the name by which such animal can be properly identified in
the United States.'' \10\ The Name Guide provides English names for
fur-producing animals, listed by genus-species. For example, the Name
Guide requires covered entities to label vulpes fulva as fox.\11\
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\9\ 15 U.S.C. 69e(a).
\10\ Id.
\11\ 16 CFR 301.0.
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The Commission first published the Name Guide in 1952. The Name
Guide can only be amended under the Fur Act ``after holding public
hearings.'' \12\ The Commission has done so twice, most recently in
1967.
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\12\ 15 U.S.C. 69e(b).
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C. ANPR and Comments on the Name Guide
On December 18, 2010, the President signed TFLA. The law directed
the Commission to begin a review of the Name Guide and provide the
opportunity to comment on the Name Guide within 90 days. Accordingly,
the Commission initiated a review of the Name Guide by publishing the
ANPR on March 14, 2011. The ANPR sought comment on the Name Guide
generally and on whether the Commission should alter the Name Guide's
fur names in particular. As part of the Commission's comprehensive
regulatory review program, the ANPR also sought comment on the Fur
Rules.\13\
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\13\ For further discussion of the program, see www.ftc.gov/opa/2011/07/regreview.shtm.
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The Commission received 15 comments in response to the ANPR,\14\
seven of which discussed the Name Guide.\15\ One of the seven urged the
Commission to add ``sheepskin'' as an allowed name.\16\ The other six
focused on the Name Guide's name for nyctereutes procyonoidos.\17\
Currently, the Name Guide requires that fur industry members label this
species ``Asiatic Raccoon.'' The Humane Society of the United States
(``HSUS'') objected and asked the Commission to replace it with
``Raccoon Dog.'' HSUS first asserted that the ``true English name'' of
an animal should be the name ``most widely accepted by the scientific
community.'' \18\ To gauge scientific consensus, HSUS suggested that
the Commission use the names specified by the Integrated Taxonomic
Information System (``ITIS''), ``a partnership of federal governmental
agencies formed to
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satisfy the need for scientifically credible taxonomic information.''
\19\ HSUS noted that ITIS lists the common name of nyctereutes
procyonoidos as ``Raccoon Dog,'' and presented evidence that the
scientific community refers to the species by that name.\20\ Finally,
HSUS asserted that the name ``Asiatic Raccoon'' may confuse consumers
because the animal is also found in Europe.\21\
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\14\ The comments are available at http://www.ftc.gov/os/comments/furlabeling.
\15\ The Commission will respond to comments regarding Fur Rules
other than the Name Guide at a later date.
\16\ See Deckers Outdoor Corporation Comment at 8-9.
\17\ Two of these comments also discussed issues unrelated to
nyctereutes procyonoidos. First, the Fur Information Council of
America noted what it described as ``factual and typographical
errors'' in the Name Guide and requested that the Commission remove
names of certain prohibited species, such as dog and cat. See Fur
Information Council of America Comment at 7-8. Second, the Humane
Society of the United States objected to the Name Guide's use of one
common name for multiple animals and suggested updating several
names that ``are no longer the accepted common name, appear to have
never been the accepted common name, or even appear to be trade
names, and would not properly inform the consumer.'' Humane Society
of the United States Comment at 9.
\18\ HSUS comment at 7 (emphasis in original).
\19\ Id.
\20\ Id. at 8-9.
\21\ Id. at 9.
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In contrast, the Fur Information Council of America (``Fur
Council'') and the National Retail Federation (``NRF'') supported
retaining ``Asiatic Raccoon.'' The Fur Council asserted that the name
``Raccoon Dog'' would mislead consumers because nyctereutes
procyonoidos is no more closely related to domestic dogs than foxes,
wolves, or coyotes.\22\ In addition, the Fur Council stated that
``[w]ere the Commission to require the use of the term `raccoon dog,'
there would no longer be a market for Asiatic/Finnraccoon fur, and
garments with this type of fur would be eliminated.'' \23\ NRF
concurred with the Fur Council's view that nyctereutes procyonoidos is
``not a true-dog or dog-like canine,'' and suggested retaining
``Asiatic Raccoon'' or changing it to ``Tanuki'' or ``Magnut.'' \24\
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\22\ Fur Council Comment at 5.
\23\ Id. at 6.
\24\ NRF Comment at 4.
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Finally, the Fur Council and Finnish Fur Sales, supported by the
Finnish Ministry for Foreign Affairs and Ministry of Agriculture and
Forestry, suggested allowing the name ``Finnraccoon'' for nyctereutes
procyonoidos raised in Finland. These commenters noted that calling
such furs ``Asiatic Raccoon'' could mislead consumers because
``finraccoons'' are not from Asia and are raised under different
conditions than those that generally exist in Asia.\25\
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\25\ See, e.g., Fur Council Comment at 3-4; Finnish Fur Sales
comment at 1-2.
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II. Issues for Discussion at the Hearing
The Commission invites attendees to share views on any aspect of
the Name Guide at the hearing. The Commission specifically requests
views on: (1) The appropriateness of using the ITIS system to determine
an animal's true English name; (2) whether using the name ``Asiatic
Raccoon'' to describe nyctereutes procyonoidos fur products accurately
informs consumers about the source, quality, and characteristics of
those products; (3) what, if any, alternative name, including
``Tanuki'' or ``Magnut,'' should the Name Guide require for nyctereutes
procyonoidos; (4) whether the Name Guide should allow ``Finnraccoon''
for nyctereutes procyonoidos raised in Finland; and (5) whether the
Commission should modify, add, or delete other names.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-30050 Filed 11-21-11; 8:45 am]
BILLING CODE 6750-01-P