Page:United States Statutes at Large Volume 72 Part 1.djvu/1765

 72 S T A T. ]

PUBLIC LAW 8 5 - 8 9 7 - S E P T. 2, 1968

received in good faith signed by and containing the name and address of the person residing in the United States by whom the product guaranteed was manufactured or from whom it was received, is unlawful, and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce, within the meaning of the Federal Trade Commission Act.

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CRIMINAL PENALTY

SEC. 11. (a) Any person who willfully does an act which by section 3, 6, 6, 9, or 10 (b) is declared to be unlawful shall be guilty of a misdemeanor and upon conviction shall be fined not more than $5,000 or be imprisoned not more than one year, or both, in the discretion of the court: Provided, That nothing in this section shall limit any other provision of this Act. (b) Whenever the Commission has reason to believe that any person is guilty of a misdemeanor under this section, it may certify all pertinent facts to the Attorney General. If, on the basis of the facts certified, the Attorney General concurs in such belief, it shall be his duty to cause appropriate proceedings to be brought for the enforcement of the provisions of this section against such person. EXEMPTIONS

SEC. 12. (a) None of the provisions of this Act shall be construed to apply to— (1) upholstery stuffing, except as provided in section 4(h); (2) outer coverings of furniture, mattresses, and box springs; (3) linings or interlinings incorporated primarily for structural purposes and not for warmth; (4) filling or padding incorporated primarily for structural purposes and not for warmth; (5) stiffenings, trimmings, facings, or interfacings; (6) backings of, and paddings or cushions to be used under, floor coverings; (7) sewing and handicraft threads; (8) bandages, surgical dressings, and other textile fiber products, the labeling of which is subject to the requirements of the Federal Food, Drug and Cosmetic Act of 1938, as amended; (9) waste materials not intended for use in a textile fiber product; (10) textile fiber products incorporated in shoes or overshoes or similar outer footwear; (11) textile fiber products incorporated in head wear, handbags, luggage, brushes, lampshades, or toys, catamenial devices, adhesive tapes and adhesive sheets, cleaning cloths impregnated with chemicals, or diapers. The exemption provided for any article by paragraph (3) or (4) of this subsection shall not be applicable if any representation as to fiber content of such article is made in any advertisement, label, or other means of identification covered by section 4 of this Act. (b) The Commission may exclude from the provisions of this Act other textile fiber products (1) which have an insignificant or inconsequential textile fiber content, or (2) with respect to which the disclosure of textile fiber content is not necessary for the protection of the ultimate consumer. SEPARABILITY CLAUSE

SEC. 13. If any provision of this Act, or the application thereof to any person, as that term is herein defined, is held invalid, the re-

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