large pieces of solid meat and is free from dark meat, bones, skin, extraneous tissue, and debris.

(2) The term "standard white meat tuna" as used in this section shall be deemed to be the descriptive term for like large pieces of wholesome solid albacore (Germo alalunga), packed in the same manner and free from dark meat, bones, skin, extraneous tissue, and debris.

(c) Grated or shredded tuna. (1) The term "grated tuna" or "shredded tuna” as used in this section shall be deemed to be the descriptive term for small uniform pieces of wholesome cooked tuna meat produced in this form by a mechanical process. The pieces shall be free from dark meat, bones, skin, extraneous tissue, and debris, and tuna meat used for this type of pack shall be of a kind and quality at least equal ot that employed in packing "standard tuna" as described in paragraph (b) (1) of this section.

(2) The term "grated white meat tuna" or "shredded white meat tuna” as used in this section shall be deemed to be the descriptive term for like small uniform pieces of wholesome cooked albacore (Germo alalunga), prepared and packed in the same manner, and free from dark meat, bones, skin, extraneous tissue, and debris. The tuna meat used shall be of a kind and quality at least equal to that employed in packing "standard white meat tuna" as described in paragraph (b) (2) of this section.

(d) Tuna flakes. (1) The term "tuna flakes" or "flakes" as used in this section shall be deemed to be the descriptive term for small pieces of wholesome cooked tuna meat from the whole tuna, or from parts of tuna, not utilized in the packing of fancy or standard grades of tuna but free from dark meat, bones, skin, extraneous tissue, and debris.

(2) The term "white meat flakes" as used in this section shall be deemed to be the descriptive term for like small pieces of wholesome cooked albacore (Germo alalunga), packed in the same manner and free from dark meat, bones, skin, extraneous tissue, and debris.

(e) Fishes classed as tuna. The following species shall be deemed to be "tuna":

(1) Germo alalunga (Albacore). (2) Neothunnus macropterus (Yellowfin).

(3) Thunnus thynnus (Bluefin). (4) Katsuwonus pelamis (Striped Tuna, Skipjack, or Aku).

(5) Thunnus orientalis (Oriental Tuna).

§ 146.2 Deceptive designations.

It is an unfair trade practice to sell, offer for sale, advertise, describe, or otherwise represent, directly or indirectly, any industry product as "fancy tuna," "fancy white meat tuna," "standard tuna," "standard white meat tuna," "grated tuna," "shredded tuna," "grated white meat tuna," "shredded white meat tuna," "tuna flakes," "flakes," "white meat flakes," or by similar designation, when such product does not conform to the definitions set out in § 146.1.

§ 146.3 Deceptive concealment of species and quality.

In advertising, describing, representing, offering for sale or selling canned tuna or canned tuna products, it is an unfair trade practice to deceptively conceal or fail or refuse to disclose the species of tuna used in the product and the grade or quality thereof, or to conceal or fail or refuse to disclose any other material fact respecting the product, where such concealment or nondisclosure is practiced with the capacity and tendency or effect of thereby misleading or deceiving the purchasing or consuming public.

§ 146.4 Misuse of terms "extra fancy," "extra select," etc.

It is an unfair trade practice to sell, offer for sale, advertise, describe, or otherwise represent any canned tuna or canned tuna product as "extra fancy," "extra select," "extra select fancy," "extra fancy fillet," "extra quality," "de luxe fancy, "de luxe," "select," "choice," or by similar designation or other representation, with the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public into the belief that such canned tuna or canned tuna product is of a quality superior to either the fancy grade or the standard grade of tuna, or to some other grade, kind, or character of tuna, when such is not true in fact; or into any other erroneous belief.

§ 146.5 Misrepresentation of industry products in general.

The practice of selling, advertising, describing, or otherwise representing canned tuna or canned tuna products in a manner which is calculated to mislead or deceive or has the capacity and

tendency or effect of misleading or deceiving the purchasing or consuming public with respect to the species of tuna contained therein, or with respect to the character, nature, content, brand, grade, quality, quantity, origin, substance, material, size, preparation, packing, distribution, or manufacture of such products, or ingredients thereof, or in any other material respect, is an unfair trade practice.

§ 146.6 Deceptive depictions in general.

It is an unfair trade practice to use in relation to industry products any photograph, cut, engraving, insignia, design, illustration, or pictorial or other depiction or device (in catalogs, sales literature, advertisements, or other representations) which has the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public respecting the species of tuna packed, or respecting the character, nature, content, brand, grade, quality, quantity, origin, substance, material, size, preparation, packing, distribution, or manufacture of any products of the industry, or ingredients thereof; which is false, misleading, or deceptive in any other respect.

or

§ 146.7 Misuse of term "Tonno," foreign insignia, etc.

(a) It is an unfair trade practice to use the term "Tonno," or designation of similar import, as descriptive of canned tuna or canned tuna products when such products are not composed of tuna meat in large solid pieces packed with olive oil and salt. This shall not be construed as excluding the addition of one or two small pieces of solid meat where necessary to bring the contents up to the required net weight. No flakes (nor any grated or shredded tuna), however, shall be added at the time of packing, and the product as packed shall be free from dark meat, bones, skin, extraneous tissue, and debris.

(b) It is also an unfair trade practice to use such term "Tonno," or designation of similar import, or any pictorial or other representations, foreign insignia or insignia indicating foreign origin, or foreign words, phrases, or other devices, in such manner as to have the capacity and tendency or effect (1) of confusing, misleading, or deceiving the purchasing or consuming public into the belief that the tuna in the product so described or referred to is from waters off the coast

of Italy or other foreign country, or that such product is packed in or imported from Italy or other foreign country, when such is not the fact; or (2) of confusing, misleading, or deceiving the purchasing or consuming public into any other erroneous belief.

§ 146.8

Imitation of trade-marks, trade names, etc.

The imitation or simulation of the trade-marks, trade names, brands, or labels of competitors, with the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public is an unfair trade practice.

§ 146.9 Use of slack-filled or shortweight containers.

It is an unfair trade practice to sell, advertise, describe, or otherwise represent, canned tuna or canned tuna products packed in slack-filled or shortweight containers, or packed in odd-size containers simulating in size or shape standard sized or shaped containers which are known to the public as standard containers of definite capacity, with the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public as to the contents of such containers or the amount of tuna products contained therein; or which are packed in containers so made, formed, or filled as to be otherwise misleading.

§ 146.10 Defamation of competitors or disparagement of their products.

The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or the false disparagement of the grade, quality, or manufacture of the products of competitors, or of their business methods, selling prices, values, credit terms, policies, or services, is an unfair trade practice.

§ 146.11 Substituting inferior products for those ordered.

The practice of using or substituting any product of the industry inferior in grade or quality to that specified by the purchaser, without the consent of said purchasers to such use or substitution, or with the capacity and tendency or effect of otherwise misleading or deceiving the purchasing or consuming public, is an unfair trade practice.

Offering canned tuna or canned tuna products for sale at prices purported to be reduced from what are in fact fictitious prices, or offering such products for sale at a purported reduction in price when such purported reduction is in fact fictitious, with the capacity and tendency or effect of misleading or deceiving the purchasing or consuming public, is an unfair trade practice.

§ 146.14 False invoicing.

Withholding from or inserting in an invoice, billing, or statement any material information by reason of which omission or insertion a false record is made, wholly or in part, of the transaction which such invoice or billing or statement purports to represent, with the effect of thereby misleading or deceiving the purchasing or consuming public, is an unfair trade practice.

§ 146.15 Inducing breach of contract.

Inducing or attempting to induce the breach of existing lawful contracts between competitors and their customers or their suppliers by any false or deceptive means whatsoever, or interfering with or obstructing the performance of any such contractual duties or services by any such means, with the purpose and effect of unduly hampering, injuring, or prejudicing competitors in their businesses is an unfair trade practice. § 146.16 Commercial bribery.

It is an unfair trade practice for a member of the industry, directly or indirectly, to give, or offer to give, or permit or cause to be given, money or anything of value to agents, employees, or representatives of customers or prospective customers, or to agents, employees, or reprsentatives of competitors' customers or prospective customers, without the knowledge of their employers or principals, as an inducement to influence their employers or principals to purchase or contract to purchase products manufactured or sold by such industry member or the maker of such gift or offer, or to influence such employers or principals

to refrain from dealing in the products of competitors or from dealing or contracting to deal with competitors.

§ 146.17 Enticing away employees of competitors.

Willfully enticing away the employees of competitors with the purpose and effect of unduly hampering, injuring, or prejudicing competitors in their businesses is an unfair trade practice.

§ 146.18 Unfair threats of infringement suits.

The circulation of threats of suit for infringement of patents or trade-marks among customers or prospective customers of competitors, not made in good faith but for the purpose or with the effect of harassing or intimidating such customers or prospective customers, or of unduly hampering, injuring, or prejudicing competitors in their businesses, is an unfair trade practice.

§ 146.19 Consignment distribution.

It is an unfair trade practice for any member of the industry to employ the practice of shipping industry products on consignment or pretended consignment for the purpose and with the effect of artificially clogging or closing trade outlets and unduly restricting competitors' use of said trade outlets in getting their products to consumers through regular channels of distribution, thereby injuring, destroying, or preventing competition or tending to create a monopoly or to unreasonably restrain trade. Nothing in this rule shall be construed as restricting or preventing consignment shipping or marketing of industry products in good faith where suppression of competition, restraint of trade, or undue interference with competitors' use of the usual channels of distribution is not effected.

§ 146.20 Selling below cost.

The practice of selling industry products below the seller's cost, when pursued with wrongful intent or thereby injuring a competitor and where the effect of such practice is to unreasonably restrain trade tend to create a monopoly, or substantially lessen competition, is an unfair trade practice.

This section is not to be construed as prohibiting all sales below cost, but only such selling below the seller's cost as is resorted to and pursued as a monopolistic practice with the wrongful intent

(a) Prohibited discriminatory prices, or rebates, refunds, discounts, credits, etc., which effect unlawful price discrimination. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such commerce, to grant or allow, secretly or openly, directly or indirectly, any rebate, refund, discount, or credit, or the granting of free goods, or other form of price differential, where such rebate, refund, discount, or credit, or the granting of free goods, or other form of price differential, effects a discrimination in price between different purchasers of goods of like grade and quality, where either or any of the purchases involved therein are in commerce, and where the effect thereof may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, however, (1) That the goods involved in any such transaction are sold for use, consumption, or resale within any place under the jurisdiction of the United States;

(2) That nothing contained in this section shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered;

(3) That nothing contained in this section shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade;

(4) That nothing contained in this section shall prevent price changes from time to time where made in response to changing conditions affecting either (1) the market for the goods concerned, or (ii) the marketability of the goods, such as, but not limited to, actual or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

(b) Prohibited brokerage and commissions. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such commerce, to pay or grant, or to receive or accept, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid.

(c) Prohibited advertising or promotional allowances, etc. It is an unfair trade practice for any member of the industry engaged in commerce to pay or contract for the payment of advertising or promotional allowances or any other thing of value to or for the benefit of a customer of such member in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such member, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities.

(d) Prohibited discriminatory services or facilities. It is an unfair trade practice for any member of the industry to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of, any services or facilities connected with the processing, handling, sale, or offering for sale of such

commodity so purchased upon terms not accorded to all purchasers on proportionally equal terms.

(e) Inducing or receiving an illegal discrimination in price. It is an unfair trade practice for any member of the industry engaged in commerce, in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by the foregoing provisions of this section.

(f) Purchases by schools, colleges, universities, public libraries, churches, hospitals, and charitable institutions not operated for profit. The foregoing provisions of this section relate to practices within the purview of the Robinson-Patman Antidiscrimination Act, which act and the application thereunder of this section are subject to the limitations expressed in the amendment to such Robinson-Patman Antidiscrimination Act, which amendment was approved May 26, 1938, and reads as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing in the act approved June 19, 1936 (Public, Numbered 692, Seventy-fourth Congress, second session), known as the RobinsonPatman Antidiscrimination Act, shall apply to purchases of their supplies for their own use by schools, colleges, universities, public libraries, churches, hospitals, and charitable institutions not operated for profit.

(Sec. 2, 38 Stat. 730, as amended, secs. 2, 3, 4, 49 Stat. 1527, 1528, ch. 283, 52 Stat. 446; 15 U. S. C. 13, 13a, 13b, 13c, 21a)

147.3

147.4

False and misleading price quotations, etc.

147.8 147.9

It is an unfair trade practice for any member of the industry, by means of any monopolistic practices or through combination, conspiracy, coercion, boycott, threats, or any other unlawful means, directly or indirectly, to interfere with a competitor's right to purchase his raw materials and supplies from whomsoever he chooses, or to sell his product to whomsoever he chooses.

§ 146.23 Aiding or abetting use of unfair trade practices.

It is an unfair trade practice for any person, firm, or corporation to aid, abet, coerce, or induct another, directly or indirectly, to use or promote the use of any unfair trade practice specified in

this part.

Misbranding.

Use of deceptive selling methods. Substitution of products.

Inducing breach of contract.

Defamation of competitors or disparagement of their products.

147.10 Enticing away employees of competitors.