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Guides for advertising allowances and other merchandising payments and services; compliance with sections 2(d) and 2(e) of the Clayton Act, as amended by the Robinson-Patman Act.

Guide against deceptive use of the word "free" in connection with the sale
of photographic film and film processing service.

Guides for the Greeting Card Industry relating to discriminatory practices.
Guides for the Watch Industry.

Guides for the Beauty and Barber Equipment and Supplies Industry.

SUBCHAPTER C- -REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS

Rules and regulations under the Wool Products Labeling Act of 1939.
Rules and regulations under Fur Products Labeling Act.
Rules and regulations under Flammable Fabrics Act.

Rules and regulations under the Textile Fiber Products Identification Act.
Quantity limit rules under section 2(a) of the Clayton Act as amended by
the Robinson-Patman Act.

SUBCHAPTER D-TRADE REGULATION RULES

Advertising and labeling as to size of sleeping bags.

Misuse of "automatic" or terms of similar import as descriptive of household electric sewing machines.

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Deception as to nonprismatic and partially prismatic instruments being prismatic binoculars.

Deceptive use of "leakproof," "guaranteed leakproof," etc., as descriptive of dry cell batteries.

Deceptive advertising and labeling as to size of tablecloths and related prod

ucts.

Misbranding and deception as to leather content of waist belts.

Deceptive advertising and labeling of previously used lubricating oil.

Unfair or deceptive advertising and labeling of cigarettes in relation to the health hazards of smoking.

Deceptive advertising as to sizes of viewable pictures shown by television receiving sets.

Discriminatory practices in men's and boys' tailored clothing industry. Failure to disclose that skin irritation may result from washing or handling glass fiber curtains and draperies and glass fiber curtain and drapery fabrics.

414 Deception as to transistor count of radio receiving sets, including transceivers.

SUBCHAPTER E-RULES,

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REGULATIONS, STATEMENT OF GENERAL POLICY OR INTERPRETATION AND EXEMPTIONS UNDER THE FAIR PACKAGING AND LABELING ACT

Regulations under section 4 of the Fair Packaging and Labeling Act.
Statements of General Policy or Interpretation.

SUBCHAPTER A-PROCEDURES AND RULES OF PRACTICE

PART O-STANDARDS OF CONDUCT

Subpart A-General Provisions

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AUTHORITY: The provisions of this Part O issued under E.O. 11222 of May 8, 1965, 30 F.R. 6469, CFR, 1965 Supp.; 5 CFR 735.104. SOURCE: The provisions of this Part 0 appear at 32 F.R. 13272, Sept. 20, 1967, unless otherwise noted.

Subpart A-General Provisions § 0.735-1 Purpose.

This part establishes standards of ethical conduct for employees and special Government employees in the Federal Trade Commission. It sets forth regulations pertaining to financial interests; acceptance of gifts, entertainment, and favors; outside employment; use of Government information; and teaching, lecturing, and writing. This part also contains instructions on the filing of statements of employment and financial interests by certain employees and special Government employees.

§ 0.735-2 Authority.

This part is based on Public Law 87849, effective January 21, 1963; Executive Order 11222 of May 8, 1965; and Part 735 of Civil Service regulations (5 CFR Part 735). This part does not purport to refer to or enumerate every restriction or requirement imposed by statute, regulation, or other authority. The omission of a reference thereto in no way alters the legal effect of such restriction or requirement. This part is not intended to limit whatever statutory authority or responsibility the Chairman may have with respect to employee conduct and discipline.

§ 0.735-3 Presidential policy.

The President's policy, in section 101 of Executive Order No. 11222, is that "Where government is based on the consent of the governed, every citizen is entitled to have confidence in the integrity of his government. Each individual officer, employee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions." When signing the order, the President spoke even more specifically of what he conceives to be the duty that this policy imposes on employees of the executive branch: "Government personnel bear a special respon

sibility to be fair and impartal in their dealings with those who have business with the government. We cannot tolerate conflicts of interest or favoritism-and it is our intention to see that this does not take place in the Federal Government." This policy is based on a recognition that the maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees, and special Government employees, through informed judgment is essential to assure the proper performance of the Government's business and the maintenance of confidence and respect of the citizens in their Government. § 0.735-4 Definitions.

In this part:

(a) "Commission" means the Federal Trade Commission.

(b) "Employee" means an officer or employee of the Commission, and, insofar as statutory and Executive order provisions are concerned, a Commissioner, but does not include a special Government employee.

(c) "Executive order" means Executive Order 11222.

(d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(e) "Special Government employee" means a "special Government employee" as defined in section 202 of title 18 of the United States Code, who is employed in the Federal Trade Commission. In general, this refers to employees appointed to perform temporary duties on either a full-time or intermittent basis for not to exceed 130 days during any period of 365 consecutive days.

§ 0.735-5 Interpretation and advisory service.

The Executive Director shall serve as counselor for the Commission on matters covered by the regulations in this part. Deputy counselors shall be the Director, Office of Administration and the Attorney in Charge of each Field Office. The counselor and deputy counselors shall be responsible for giving authoritative advice and guidance to each employee and special Government employee who seeks such advice or guidance on questions of conflicts of interest or other matters pertaining to the regulations in this part.

§ 0.735-6 Reporting conflicts of inter

est.

When a statement of employment and financial interests submitted under Subpart D of this part or information from other sources indicates a conflict between the interests of an employee, other than a Commissioner, or special Government employee and the performance of his services for the Government and when the conflict or appearance of conflict is not resolved at a lower level in the Commission, the information concerning the conflict or appearance of conflict shall be reported to the Chairman through the Executive Director. The individual concerned shall be provided an opportunity to explain the conflict or appearance of conflict.

§ 0.735-7 Disciplinary and other remedial action.

(a) A violation of the regulations in this part by an employee, other than a Commissioner, or special Government employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.

(b) When, after consideration of the explanation as provided by § 0.735-6, the Chairman decides that remedial action is required, he will initiate immediate action to end the conflicts or appearance of conflicts of interest. Remedial action may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his conflicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particular assignment.

(c) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations.

§ 0.735-8 Publication of regulations.

Each employee and special Government employee shall be furnished a copy of the regulations in this part within 90 days after their approval by the Civil Service Commission. Each new employee and special Government employee shall be furnished a copy at the time of his entrance on duty. At least once each year, an appropriate notice shall be issued by the Executive Director to bring

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An employee shall avoid any action, whether or not specifically prohibited by this part, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving preferential treatment to any person;

(c) Impeding Government efficiency or economy;

(d) Losing complete independence or impartiality;

(e) Making a Government decision outside official channels; or

(f) Affecting adversely the confidence of the public in the integrity of the Government.

§ 0.735-11 Gifts, entertainment, and favors.

(a) Except as provided in paragraphs (b) and (e) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(1) Has, or is seeking to obtain, contractural or other business or financial relations with the Commission.

(2) Conducts operations or activities that are regulated by or are otherwise subject to the jurisdiction of the Commission.

(3) Has interests that may be substantially affected by the performance or nonperformance of his official duty.

(b) As exceptions to paragraph (a) of this section, an employee shall be permitted to:

(1) Accept gifts, gratuities, favors, entertainment, loans, or other things of monetary value from members of his immediate family (i.e., parents, children, or spouse) when the circumstances make it clear that it is the family relationship rather than the business of the persons concerned which is the motivating factor;

(2) Accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where the employee may properly be in attendance;

(3) Accept loans from banks or other financial institutions on customary terms to finance proper and usual activities of an employee, such as home mortgage loans; and

(4) Accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.

(c) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342.

(e) Neither this section nor § 0.735-12 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbused, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under Commission orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

§ 0.735-12 Outside employment and other activity.

(a) An employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and re

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