Page:United States Statutes at Large Volume 63 Part 1.djvu/955

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63 STAT.1 81ST CONG. , IST SESS.-CH. 736-OCT. 26, 1949 of and to safeguard the minimum wage rate prescribed in this Act, and all existing regulations or orders of the Administrator relating to industrial homework are hereby continued in full force and effect*" CHILD LABOR PROVISIONS SEC; 10. (a) Section 12 (a) of such Act is amended to read as follows: "(a) No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situ- ated in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed: Provided,That any such shipment or delivery for ship- ment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufacturer, or dealer that the goods were produced in compliance with the require- ments of this section, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and conviction of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for shipments or deliveries for shipment of any such goods before the beginning of said prosecution." (b) Section 12 of such Act is further amended by adding at the end thereof the following new subsection: "(c) No employer shall employ any oppressive child labor in com- merce or in the production of goods for commerce." EXEMPTIONS SEC. 11 . Section 13 of such Act is amended to read as follows: "SEC. 13. (a) The provisions of sections 6 and 7 shall not apply with respect to (1) any employee employed in a bona fide executive, admin- istrative, professional, or local retailing capacity, or in the capacity of outside salesman (as such terms are defined and delimited by regula- tions of the Administrator); or (2) any employee employed by any retail or service establishment, more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located. A 'retail or service establishment' shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry; or (3) any employee employed by any establish- ment engaged in laundering, cleaning or repairing clothing or fabrics, more than 50 per centum of which establishment's annual dollar volume of sales of such services is made within the State in which the establishment is located: Provided, That 75 per centum of such estab- lishment's annual dollar volume of sales of such services is made to customers who are not engaged in a mining, manufacturing, trans- portation, or communications business; or (4) any employee employed by an establishment which qualifies as an exempt retail establishment under clause (2) of this subsection and is recognized as a retail estab- lishment in the particular industry notwithstanding that such estab- lishment makes or processes at the retail establishment the goods that it sells: Provided, That more than 85 per centum of such establish- ment's annual dollar volume of sales of goods so made or processed is made within the State in which the establishment is located; or (5) any employee employed in the catching, taking, harvesting, culti- vating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, mclud- ing the going to and returning from work and including employment in the loading, unloading, or packing of such products for shipment or 917 62 Stat. 1067 . 29U.S. C. §212. Exception. Effect of prosecution and conviction. 52 Stat. 1067 . 29U.S.C. 212. 52 Stat. 1067 . 29 U.S .S. . 213. Ante, p. 912. Executive, etc., po- sitions. "Retail or service es- tablishment." Laundering, etc. , es - tablishment. Exempt retail estab- lishment. Fishery employees.