548 Part 503—Statements of Gen- Eral Policy Or
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§§ 502.200–502.299 16 CFR Ch. I (1–1–12 Edition) or other records required by this sec- in the light of the Commission’s inter- tion shall be open to inspection by duly pretation of that term as set forth in authorized representatives of this Com- § 503.5 of this part as follows: mission and shall be retained for one (a) The Commission is of the opinion year. that the following commodities or classes of commodities are not ‘‘con- COMMON NAME AND INGREDIENT LISTING sumer commodities’’ within the mean- ing of the Act. §§ 502.200–502.299 [Reserved] Antifreeze. NONFUNCTIONAL-SLACK-FILL Artificial flowers and parts. Automotive accessories. §§ 502.300–502.399 [Reserved] Automotive chemical products. Automotive replacement parts. PART 503—STATEMENTS OF GEN- Bicycle tires and tubes. Books. ERAL POLICY OR INTERPRETA- Brushes (bristle, nylon, etc.). TION Brooms and mops. Cameras. Sec. Chinaware. 503.1 Interpretations. Christmas light sets. 503.2 Status of specific items under the Fair Cigarette lighters. Packaging and Labeling Act. Clothespins (wooden, plastic). 503.3 Name and place of business of manu- Compacts and mirrors. facturer, packer, or distributor. Diaries and calendars. 503.4 Net quantity of contents, numerical Flower seeds. count. Footwear. 503.5 Interpretation of the definition of Garden tools. ‘‘consumer commodity’’ as contained in Gift ties and tapes. section 10(a) of the Fair Packaging and Glasses and glassware. Labeling Act. Gloves (work type). 503.6 Packagers’ duty to withhold avail- Greeting cards. ability of packages imprinted with retail Hand tools. sale price representations. Handicraft and sewing thread. AUTHORITY: Secs. 4, 6, 10, 80 Stat. 1297, 1999, Hardware. 1300, 1301; 15 U.S.C. 1453, 1455, 1456. Household cooking utensils. Inks. § 503.1 Interpretations. Jewelry. Luggage. The regulations in parts 500, 501, and Magnetic recording tape. 502 of this chapter are necessarily gen- Metal pails. eral in application and requests for for- Motor oil (automobile). mal rulings, statements of policy or in- Mouse and rat traps. terpretations shall be addressed to the Musical instruments. Secretary of the Commission for con- Paintings and wall plaques. sideration. Statements of policy or in- Photo albums. terpretations binding on the Commis- Pictures. Plastic table cloths, plastic placement and sion will be published in the FEDERAL plastic shelf paper. REGISTER. However, technical ques- Rubber gloves (household). tions not involving policy consider- Safety flares. ation may be answered by the staff. Safety pins. School supplies. [36 FR 23058, Dec. 3, 1971] Sewing accessories. Silverware, stainless steelware and § 503.2 Status of specific items under pewterware. the Fair Packaging and Labeling Small arms ammunition. Act. Smoking pipes. Recent questions submitted to the Souvenirs. Commission concerning whether cer- Sporting goods. tain articles, products or commodities Toys. are included under the definition of the Typewriter ribbons. term consumer commodity, as contained Woodenware. in section 10(a) of the Fair Packaging (b) The Commission is of the opinion and Labeling Act, have been considered that the following commodities or 548 VerDate Mar<15>2010 14:34 Mar 20, 2012 Jkt 226052 PO 00000 Frm 00558 Fmt 8010 Sfmt 8010 Y:\SGML\226052.XXX 226052 wreier-aviles on DSK5TPTVN1PROD with CFR Federal Trade Commission § 503.4 classes of commodities are ‘‘consumer ponents, or changes the physical state commodities’’ within the meaning of as in the case of a liquid being changed the Act: to a gel or a semisolid being changed to a solid. Adhesives and sealants. Aluminum foil cooking utensils. (c) A person or firm who supplies a Aluminum wrap. formula and/or specifications to a con- Camera supplies. tract packager but who takes no part Candles. in the actual production of the con- Christmas decorations. sumer commodity is not the manufac- Cordage. turer of the consumer commodity for Disposable diapers. the purpose of § 500.5(a) of this chapter. Dry cell batteries. Light bulbs. This is true whether the person or firm Liquified petroleum gas for other than heat- who supplies the formula or specifica- ing and cooking. tions, or both, also supplies the raw Lubricants for home use. materials which are to be reacted, Photographic chemicals. mixed, or otherwise modified to Pressure sensitive tapes, excluding gift produce the consumer commodity. tapes. (d) A corporation which wholly owns Solder. Solvents and cleaning fluids for home use. a manufacturing subsidiary which re- Sponges and chamois. tains its separate corporate identity, is Waxes for home use. not the manufacturer of the consumer commodities manufactured by the [35 FR 6185, Apr. 16, 1970] wholly owned subsidiary, but must § 503.3 Name and place of business of qualify its name if it elects to use its manufacturer, packer, or dis- name on the label. Such qualification tributor. may be ‘‘Manufactured for To clarify the identity of a manufac- llllll’’, ‘‘Distributed by turer, packer, or distributor for the lllllll’’, or ‘‘Manufactured by purpose of § 500.5 of this chapter, the lllllll (XYZ, Inc., City, State, following represents the opinions of the Zip Code, a subsidiary of ABC, Inc.)’’. Commission. [34 FR 4956, Mar. 7, 1969, as amended at 34 FR (a) A manufacturer of a bulk product 11199, July 3, 1969] who supplies the product to a contract packager and permits his bulk product § 503.4 Net quantity of contents, nu- to be packaged by the contract pack- merical count. ager remains the manufacturer of the To clarify the requirement for dec- commodity, if the contract packager laration of net quantity in terms of does not perform any act other than count for the purpose of §§ 500.6 and package filling and labeling. 500.7 of this chapter, the following in- (b)(1) A manufacturer of a bulk prod- terpretation is rendered. uct who supplies the bulk to a contract (a) When a consumer commodity is packager but permits the packager to properly measured in terms of count modify the bulk commodity by the ad- only, or in terms of count and weight, dition of any substance which changes volume, area, or dimension, the regula- the identity of the bulk, ceases to be tions are interpreted not to require the the manufacturer of the consumer declaration of the net content as commodity. At that point, if the manu- ‘‘one’’, provided the statement of iden- facturer of the bulk elects to use his tity clearly expresses the fact that name on the label of the consumer only one unit is contained in the pack- commodity, his name should be quali- age. Thus the unit synthetic sponge, fied to show ‘‘Distributed by the unit light bulb, and the unit dry lllllll’’, or ‘‘Manufactured for cell battery do not require a net quan- lllllllll’’. tity statement of ‘‘one sponge,’’ ‘‘one (2) The identity of a bulk substance light bulb,’’ or ‘‘one dry cell battery.’’ received by a contract packager is However, there still exists the neces- changed if the packager, for example, sity to provide a net quantity state- adds a propellant as in the case of an ment to specify weight, volume, area, aerosol, or adds a solvent as in the case or dimensions when such are required. of a paint, or blends two or more com- For example, the synthetic sponge 549 VerDate Mar<15>2010 14:34 Mar 20, 2012 Jkt 226052 PO 00000 Frm 00559 Fmt 8010 Sfmt 8010 Y:\SGML\226052.XXX 226052 wreier-aviles on DSK5TPTVN1PROD with CFR.