Page:United States Statutes at Large Volume 49 Part 1.djvu/1027

 982 14T H CONGRESS. SESS. I. CH. 814 . AUGUST 29, 1935. (c) Commercial bribery : To induce through any of the following means, any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or fo reign commerc e, if such in duceme nt is made in the c ourse of interstate or foreign commerce, or if such person engages in the practice of using such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of su ch ind ucement is to preve nt, de ter, h inder, or res trict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce : (1) By commercial bribery ; or (2) by offering or giving any bonus, premium, or compensation to any officer, or employee, or representative of the trade buyer (d) Consignment sales : To sell, offer for sale, or contract to sell to a ny trade buyer engaged in the sale of distil led spirits, wi ne, or malt beverages, or for any such trade buyer to purchase, offer to purchase, or contract to purchase, any such products on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a bona fide sale, or where any part of such transaction involves, directly or indirectly, the acquisition by such person from the trade buyer or his agreement to acquire from the trade buyer other distilled spirits, wine, or malt beverages-if such sale, purchase, offer, or contract is made in the course of interstate or fore ign commerce, o r if such perso n or trade buy er engages in s uch prac tice to such an extent as subs tantially to r estrain or prev ent transactions in interstate or foreign commerce in any such products, or if the direct effect of such sale, purchase, offer, or contract is to prevent, deter, hinder, or restrict other persons from selling or offer- ing for sale any such products to such trade buyer in interstate or foreign commerce : Provided, That this su bsection shall not apply to transactions involving solely the bona fide return of merchandise for ordinary and usual commercial reasons arising after the merchan- dise has been sold ; or Labeling. Shipmen tor delive ry (e) Labeling .-To sell or ship or deliver for sale or shipment, of pr odu cts not co n- or otherwise introduce in interstate or foreign commerce, or to forming to labeling regulations. receive therein, or to remove from customs custody for consump- Post, p. 1152. tion, any distil led sp irits, wine, or mal t beve rages in bott les, u nless such products are bottled, packaged, and labeled in conformity with Standar ds for reg n- lotions such regulations, to be prescribed by the Administrator, with respect . to packa ging, marking, branding, and labeling and si ze and fill of To prohibit decep- container (1) as will prohibit deception of the consumer with respect tion of c onsumer. t o such products or the quantity thereof and as will prohibit, irre- spective of falsity, such statements relating to age, manufacturing processes, analyses, guarantees, and scientific or irrelevant matters To provide consumer as the Administrator finds to be likely to mislead the consumer ; (2) w ith inf orm atio n re- sp ecting product. as will provide the consumer with adequate information as to the identity and quality of the products, the alcoholic content thereof (except that statements of, or statements likely to be considered as statemen ts of, alcoholi c content of m alt beverages a re hereby pro- hibited unless required by State law and except that, in case of wines, statements of alcoholic content shall be required only for wines containing more than 14 per centum of alcohol by volume), the net contents of the package, and the manufacturer or bottler or To inform consumer importer of the product ; (3) as will require an accurate statement, respecting use of neu- tral spirits. i n the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production thereof, informing the consumer Inducing exclusive purchasing arrange- ments with retai lers . Th ro ugh commercial bribery. Offe ring bonus to employee of buyer. Consignment sales. Proh ibited pract ices. Proviso. Wh en provision in- applicable.
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