How should a seller disclose the nature and degree of Indian labor when selling, offering, or displaying art and craft work for sale?

Checkout our iOS App for a better way to browser and research.

§ 309.7 How should a seller disclose the nature and degree of Indian labor when selling, offering, or displaying art and craft work for sale?

The Indian Arts and Crafts Act is a truth-in-marketing law. Those who produce and market art and craft work should honestly represent and clarify the degree of Indian involvement in the production of the art and craft work when it is sold, displayed or offered for sale. The following guidelines illustrate the way in which art and craft work may be characterized for marketing purposes and gives examples of products that may be marketed as Indian products.

Expand Table
If . . . then . . .
(a) An Indian conceives, designs, and makes the art or craft work it is an “Indian product.”
(b) An Indian produces a product that is “handcrafted,” as explained in 309.3(d)(iii) it can be marketed as such and it meets the definition of “Indian product.”
(c) An Indian makes an art or craft work using some machine made parts it is “Indian made” and meets the definition of “Indian product.”
(d) An Indian designs a product, such as a bracelet, which is then produced by non-Indians it does not meet the definition of “Indian product” under the Act.
(e) A product, such as jewelry, is made with non-artistic Indian labor, from assembled or “fit together parts” it does not meet the definition of “Indian product” under the Act.1
(f) A product in the style of an Indian product is assembled by non-Indian labor from a kit it does not meet the definition of “Indian product” under the Act.
(g) A product is in the style of an Indian art or craft product, but not made by an Indian it does not meet the definition of “Indian product” under the Act.
(h) An Indian and a non-Indian jointly undertake the art or craft work to produce an art or craft product, for example a concho belt less than all of the labor is Indian and hence it does not meet the definition of “Indian product” under the Act.2

[68 FR 35170, June 12, 2003]


Download our app to see the most-to-date content.