Saturday, August 27, 2005

Comments on the Final IACA - Section 309.1

Section 309.1 How Do These Regulations Carry Out the Indian Arts and Crafts Act of 1990?

One response asked how the legislation affects arts and crafts sold in business establishments. Another stated that the ``middle man'' should be held accountable for how the product is marketed.

Section 309.1 of the regulations covers these concerns. It states that the Act regulates products offered or displayed for sale, or sold as Indian produced, an Indian product, or the product of a particular Indian, or Indian tribe, or Indian arts and crafts organization within the United States. This section does not limit the marketing vehicles covered by the regulations.

The Act applies to any offer for sale or display for sale, or actual sale by any person in the United States. In light of this broad application, section 309.1 is appropriately drafted.

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