Page:United States Statutes at Large Volume 45 Part 1.djvu/737

 686 Tolerances allowed. Cover conditions. Dimension specifica- tions to be approved by Secretary of Agricul- ture. Manufacture, etc ., of containers not com- plyi ng with Act, un- lawful. Provisos. Climax baskets, etc ., not included . Vol .39,p. 673. Pe nalt y for vio la- tions. Immu nity of gua r- anty from manufac- tu rer, etc. Contents of gu ar- anty. Seizure, etc., of illegal containers. SEVENTIETH CONGRESS. SESS. I. Ca. 664. 1928. (b) The eight-quart splint basket shall contain five hundred and thirty-seven and six-tenths cubic inches. (c) The twelve-quart splint basket shall contain eight hundred and six and four-tenths cubic inches. (d) The sixteen-quart splint basket shall contain one thousand and seventy-five and twenty-one one-hundredths cubic inches. (e) The twenty-four quart splint basket shall contain one thousand six hundred and twelve and eight-tenths cubic inches. (f) The thirt y-two quart splint baske t shall conta in two thous and one hundred and fifty and forty-two one-hundredths cubic inches. SEC. 3 . Tha t the Secret ary of Agric ulture shall in his regul ations under t his Ac t pres cribe such t oleran ces as he may find necess ary to allow i n the capaci ties f or ham pers, round s tave b askets, and splint baskets set forth in sections 1 and 2 of this Act in order to provide for reasonable variations occurring in the course of manufacturing and handling. If a cover be used upon any hamper or basket mentioned in this A ct, it sh all be se curely fa stened or attached in such a manner, subject to the regulations of the Secretary of Agriculture, as not to reduce the capacity of such hamper or basket below that prescribed therefor. SEC. 4. That no manufacturer shall manufacture hampers, round stave baskets, or splint baskets for fruits and vegetables unless the dimension specifications for such hampers, round stave baskets, or splint baskets shall have been submitted to and approved by the Secre tary of Ag ricu lture, who is hereb y dir ected to appro ve su ch specifica tions if he finds that hamp ers, roun d stave b askets, o r splint ba skets for fr uits a nd veg etable s made in acc ordanc e ther ewith would not be deceptive in appearance and would comply with the provisions of sections 1 and 2 of this Act. SEC. 5. That it shall be unlawful to manufacture for sale or ship- ment, t o offe r for sale, to sel l, to offer f or shi pment, or to ship, hampers, round stave baskets, or splint baskets for fruits or vege- ta bles, eit her fille d or unfi lled, or parts of such ham pers, rou nd stave baskets, or splint baskets that do not comply with this Act : Provided, That this Act shall not apply to Climax baskets, berry boxes, and till baskets which comply with the provisions of the Act approved August 31, 1916, entitled "An Act to fix standards for Climax baskets fo r grap es and other fruit s and vegeta bles, a nd to fix st andard s for baskets and other containers for small fruits, berries, and vegetables, and for other purposes" (Thirty-ninth United States Statutes at Large, page 673), and the regulations thereunder. Any individual, partnership, association, or corporation that violates this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 : Provided further, That no person shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the manufacturer, whole- saler, shipper, or other party residing within the United States from wh om the hampe rs, ro und st ave ba skets, or spl int ba skets, as de fined in this Act, were purchased, to the effect that said hampers, round stave baskets, or splint baskets are correct, within the meaning of this Act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of the hampers, round stave baskets, or splint baskets to such person, and in such case such party or parties making such sale shall be amenable to the prosecution, fines, and other penalties which would attach in due course under the provisions of this Act to the person who made the purchase. SEC. 6. That any hamper, round stave basket, or splint basket for fruits or vegetables, whether filled or unfilled, or parts of such hampers, round stave baskets, or splint baskets not complying with

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