Sec. 3. prohibition against misbranding shipments

267 words·~1 min read·/statute-compilations/comps-386/sec-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 3 prohibition against misbranding shipments No person shall ship or deliver for shipment in interstate or foreign commerce or receive from shipment in such commerce any dangerous caustic or corrosive substance for sale or exchange, or sell or offer for sale any such substance in any Territory or possession or in the District of Columbia, in a misbranded parcel, package, or container suitable for household use; except that the preceding provisions of this section shall not apply— ###

(a)To any regularly established common carrier shipping or delivering for shipment, or receiving from shipment, any such substance in the ordinary course of its business as a common carrier; nor ###

(b)To any person in respect of any such substance shipped or delivered for shipment, or received from shipment, for export to any foreign country, in a parcel package, or container branded in accordance with the specifications of a foreign purchaser and in accordance with the laws of the foreign country; ###

(c)To any dealer when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the article is not misbranded within the meaning of this Act. This guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act.