TRADE PRACTICE RULES
FOR THE
PRESERVE MANUFACTURING INDUSTRY
PROMULGATED SEPTEMBER 12, 1936
STATEMENT BY THE COMMISSION
Trade practice conference rules for the Preserve Manufacturing
Industry, as herein set forth, are promulgated by the Commission
under its trade practice conference procedure.
The application for establishment of trade practice rules for the
industry was made by the National Preservers Association, Incorpo-
rated, which association, according to information received, represents
in its membership approximately 70 percent of the total production
of the industry. In the course of the proceedings public hearings were
held and opportunity afforded for hearing of all interested or affected
parties. Due consideration was given to the suggestions and views
presented.
The total value of manufactured products of the industry for the
year 1934 was estimated at $30,000,000, and substantially higher for
1935, about two-thirds of which covered products manufactured by
the applicants for the trade practice conference.
The trade practice rules appearing herein under Group I are ap-
proved by the Commission as prohibiting illegal competitive practices.
RULE 1 .
THE RULES
GROUP I *
The practice of selling, advertising, describing, branding, marking,
labeling, or packing of fruit preserves, fruit jams, fruit jellies, or apple
butter, or any simulation thereof, in a manner which is calculated to
mislead or deceive, or has the tendency and capacity or effect of mis-
leading or deceiving, purchasers, prospective purchasers, or the con-
suming public with respect to the character, nature, content, grade,
quality, quantity, substance, material, preparation, or manufacture
of such product, or in any other material respect, is an unfair trade
practice.
For purposes of such Rule 1.
(a) Preserve, fruit preserve, jam, fruit jam, are understood to
mean the clean, sound fruit product possessing definite character-
- See page VIII for headnote applicable to Group I Rules .
32 FEDERAL TRADE COMMISSION
1
istic flavor of the preserved fruit or fruits named on the label, made
by cooking or concentrating to a suitable consistency properly pre-
pared, clean, sound, entire edible portion of fresh fruit, cold-
packed fruit, canned fruit, or a mixture of two or all of these, with
sugar or with sugar and water, with or without spice or vinegar,
or with such harmless organic acids as may be necessary to com-
pensate for natural acid deficiency of the particular fruit used, but
excluding acids or acid salts generally recognized as chemical
preservatives, and in the preparation of which fruit product there
is used not less than forty-five (45) pounds of actual fruit to each
fifty-five (55) pounds of sugar. In the case of fruits deficient in
pectin, or whose composition or texture prevents the preparation
of preserve or jam as defined herein of the desired consistency,
nothing herein shall prevent the addition of small quantities of
pectin or pectinous material. Provided, however, That if such
pectin or pectinous material is added, the ratio of not less than
forty-five (45) pounds of fruit to each fifty-five (55) pounds of
sugar shall be maintained, and the finished product containing
such added pectin shall contain not less than sixty-eight (68 ) per
centum water-soluble solids derived from the fruit and sugar used
in its manufacture, as determined by refractometer at twenty de-
grees ( 20° ) centigrade without correction for the insoluble solids
present.
(b) Jelly, fruit jelly, is understood to mean the clean, sound,
semisolid, gelatinous fruit product possessing definite characteris-
tic flavor of the fruit or fruits named on the label, made by con-
centrating to a suitable consistency the strained juice, or the water
extract, from fresh fruit, from cold-packed fruit, from canned
fruit, or from a mixture of two or all of these, with sugar. In the
case of fruits whose composition prevents the preparation of jelly
of the proper texture, nothing herein contained shall prevent the
use of the small quantity of peetin or pectinous material necessary
to produce the proper consistency ; and in the use of fruits having a
natural acid deficiency, nothing herein shall prevent the use of
such harmless organic acids as may be necessary to compensate for
natural acid deficiency of the particular fruit used, but excluding
acids or acid salts generally recognized as chemical preservatives.
Provided, however, That such jelly containing such added pectin
or pectinous material or such added acidulants shall contain not
less than sixty-five (65) per centum water-soluble solids derived
from the fruit and sugar used in its manufacture, as determined
by refractometer at twenty degrees (20° ) centigrade, and its com-
position shall correspond to a ratio of not less than fifty (50)
1
TRADE PRACTICE RULES 33
pounds of actual pure fruit juice, exclusive of added water, to each
fifty (50) pounds of sugar in the original batch.
(c) Applebutter is understood to mean the clean, sound product
made by cooking or concentrating with sugarar or apple juice, or
both, the properly prepared, clean, sound, edible portion of apples
(either fresh, cold-packed, canned, or evaporated) to a homo-
geneous, semisolid consistency, with or without vinegar, salt, and
spice, or with such harmless organic acids as may be necessary
to compensate for natural acid deficiency of the fruit used, but
excluding acids or acid salts generally recognized as chemical
preservatives ; and which apple butter contains not less than forty-
three (43) per centum water-soluble solids as determined by re-
fractometer at twenty degrees (20 ° ) centigrade without correc-
tion for the insoluble solids present, and be prepared with not
more than twenty (20) pounds of sugar to each fifty (50) pounds
of such edible portion of fresh apples, or of their equivalent in
cold-packed, canned, or evaporated apples, exclusive of the cores,
seeds, and skins.
(d) Corn syrup preserve, corn syrup jam, corn syrup jelly, and
corn syrup apple butter are understood to be fruit products con-
forming, respectively, to those specified in paragraphs (a), (b ) ,
and (c) above, but in the manufacture of which corn syrup has
been substituted wholly for sugar. Corn syrup and sugar pre-
serve, corn syrup and sugar jam, corn syrup and sugar jelly, and
corn syrup and sugar apple butter are understood to be fruit prod-
ucts conforming, respectively, to those specified in paragraphs (a) ,
(b), and (c) above, but in the manufacture of which a combina-
tion of corn syrup with a substantial amount of sugar has been
substituted for all sugar. Advertising, representing, branding, or
labeling of any such products as preserve, jam, jelly, or apple
butter without fully disclosing that the product is such corn syrup
or corn syrup and sugar preserve, jam, jelly, or apple butter, as
the case may be, with the capacity and tendency or effect of mis-
leading or deceiving purchasers, prospective purchasers, or the
consuming public, is an unfair trade practice within the meaning
of Rule 1.
(e) Honey preserve, honey jam, honey jelly, honey apple butter,
are understood to mean fruit products conforming, respectively,
to those specified in paragraphs ( a) , ( b) , and ( c) above, but in
the manufacture of which honey has been substituted wholly for
sugar. Advertising, representing, branding, or labeling of any
such honey product without fully disclosing that the same is honey
preserve, honey jam, honey jelly, or honey apple butter, as the case
may be, or without setting forth the word ” honey ” as prominently
or conspicuously as any other word used as descriptive of the
34 FEDERAL TRADE COMMISSION
product, with the capacity and tendency or effect of misleading
or deceiving purchasers, prospective purchasers, or the consum-
ing public, is an unfair trade practice within the meaning of
Rule 1.
(f) When advertising, representing, branding, or labeling any
preserve, jam, or jelly containing substantial amounts of two or
more fruits, although made in conformity with the applicable re-
quirements of paragraphs marked ( a), ( b ) , ( d) , or ( e) , the kinds
of fruit so contained in such products should be prominently and
conspicuously disclosed and named on the label in the order of
their predominance by weight. Advertising, representing, brand-
ing, or labeling of any preserve, jam, or jelly as containing two
or more fruits when each such fruit is not present in substantial
and characterizing amounts, with the capacity and tendency or
effect of misleading or deceiving purchasers, prospective pur-
chasers, or the consuming public, is an unfair trade practice within
the meaning of Rule 1.
(g) The word “sugar” as hereinabove used means sucrose or
dextrose, or a combination thereof.
RULE 2 .
The practice of advertising, labeling, branding, selling, or offering
for sale an imitation preserve, jam, jelly, or apple butter, without
clearly and prominently disclosing therein that the product is such
imitation, with the tendency and capacity or effect of misleading or
deceiving purchasers, prospective purchasers, or the consuming pub-
lic, is an unfair trade practice.
For the purposes of such Rule 2 :
(a) Products which contain a smaller proportion of fruit than
specified in the applicable requirements set forth in paragraphs
marked ( a) , ( b ) , ( c ) , ( d ) , and (e) , or which otherwise fail to
conform with the applicable minimum requirements set forth in
such paragraphs, respectively, and which simulate or imitate pre-
serves, jams, jellies, or apple butter as described in such para-
graphs, and which are used or sold for the same purpose, except
fruit pie filling, fruit sauce, fruit butter other than apple butter,
mint, wine, and calves-foot jellies, described, represented, labeled,
and sold as such, and preserved citrus fruit products, are under-
stood to be imitation preserve, imitation jam, imitation jelly, or
imitation apple butter, respectively ; and to avoid deception and
confusion of the purchasing public they should be described, rep-
resented, labeled, and sold as such respective imitation products.
RULE 3 .
Withholding from or inserting in the invoice statements which make
TRADE PRACTICE RULES 35
the invoice a false record, wholly or in part, of the transaction repre-
sented on the face thereof, with the purpose or effect of misleading
or deceiving purchasers, prospective purchasers, or the consuming
public, is an unfair trade practice.
EXPLANATORY STATEMENT
These rules do not in any respect supplant, or relieve anyone of
the necessity of complying with, the legal requirements of the pure
food laws or other provision of law. They are established under the
Federal Trade Commission Act for the purpose of more effectively
stamping out unfair competitive practices in the interest of the pub-
lic, and to assist in general law enforcement to this end.
Promulgated by the Federal Trade Commission September 12, 1936.