On October 14, 2016, the Federal Trade Commission (FTC) published in the Federal Register a final rule amending 16 C.F.R. Part 304, its Rules and Regulations and the Hobby Protection Act (“Act”) as part of its regular review of all its Rules and Guides, and in response to Congressional amendments to the Act. Under the final rule, section 304.3 has been revised to read as follows:

§ 304.3 Applicability.

Any person engaged in the manufacturing, or importation into the United States for introduction into or distribution in commerce, of imitation political or imitation numismatic items shall be subject to the requirements of the Act and the regulations promulgated thereunder. Any person engaged in the sale in commerce of imitation numismatic items shall be subject to the requirements of the Act and the regulations promulgated thereunder. It shall be a violation of the Act and the regulations promulgated thereunder for a person to provide substantial assistance or support to any manufacturer, importer, or seller of imitation numismatic items, or to any manufacturer or importer of imitation political items, if that person knows or should have known that the manufacturer, importer, or seller is engaged in any practice that violates the Act and the regulations promulgated thereunder.

The rule is effective November 16, 2016.