Page:United States Statutes at Large Volume 81.djvu/605

 81

PUBLIC LAW 90-189-DEC. 14, 1967

STAT.]

571

"(c) The Commission is authorized and directed to prescribe such rules and regulations, including provisions for maintenance of records relating to fabrics, related materials, and products, as may be necessary and proper for administration and enforcement of this Act. The violation of such rules and regulations shall be unlawful and shall be an unfair method of competition and an unfair and deceptive act or practice, in commerce, under the Federal Trade Commission Act." (b) Subsection (d) of section 5 of the Act is amended by substituting "product," for "article of wearing apparel or" and by inserting "or related material" immediately after "fabric" in paragraph (1) thereof; and by striking out ", Territory, or possession or with the District of Columbia*' and inserting in lieu thereof "or territory or with the District of Columbia or the Commonwealth of Puerto Rico" in paragraph (2) thereof. SEC. 5. (a) Subsection (a) of section 6 of the Flammable Fabrics.

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Records.

^s sm. j^i?. 57 Stat. 113. is use 1194.

injunction and condemnation pro-

Act IS amended by inserting ", or a rule or regulation prescribed ceedings. under section 5(c)," immediately after "section 3 "; and by striking ^5 USC 1195. out "or in United States court of any Territory for the district or Territory in which such person resides or transacts business" and inserting in lieu thereof the following: "for the district in which such person resides or transacts business, or, if such person resides or transacts business in Guam or the Virgin Islands, then in the District Court of Guam or in the District Court of the Virgin Islands (as the case may be)". (b) Subsections (b), (c), and (d) of section 6 of the Flammable Fabrics Act are amended to read as follows: "(b) "Whenever the Commission has reason to believe that any product has been manufactured or introduced into commerce or any fabric or related material has been introduced in commerce in violation of section 3 of this Act, it may institute proceedings by process of libel ^"''^' P- ^^^• for the seizure and confiscation of such product, fabric, or related material in any district court of the United States within the jurisdiction of which such product, fabric, or related material is found. Proceedings in cases instituted under the authority of this section shall conform as nearly as may be to proceedings in rem in admiralty, except that on demand of either party and in the discretion of the court, any issue of fact shall be tried by jury. Whenever such proceedings involving identical products, fabrics, or related materials are pending in two or more jurisdictions, they may be consolidated for trial by order of any such court upon application seasonably made by any party in interest upon notice to all other parties in interest. Any court granting an order of consolidation shall cause prompt notification thereof to be given to other courts having jurisdiction in the cases covered thereby and the clerks of such other courts shall transmit all pertinent records and papers to the court designated for the trial of such consolidated proceedings. "(c) In any such action the court, upon application seasonably made before trial, shall by order allow any party in interest, his attorney or agent, to obtain a representative sample of the product, fabric, or related material seized. " (d) If such products, fabrics, or related materials are condemned by the court they shall be disposed of by destruction, by delivery to the owner or claimant thereof upon payment of court costs and fees and storage and other proj^er expenses and upon execution of good and sufficient bond to the effect that such products, fabrics, or related materials will not be disposed of until properly and adequately treated

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