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Code · STATUTES-AT-LARGE · Vol. 45 STAT. · May 21, 1928 · Chapter 664

Chapter 664. To fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes

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Chap. 664: To fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes. Chapter 664 45 Stat. 685 1928-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 664.— An Act To fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes.
May 21, 1928.[[S. 2148](/us/bill/70/s/2148).][[Public, No. 462](/us/pl/70/462).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the standard Fruits and vegetables containers.Standards fixed for hampers and round stave baskets.Capacities specified.hampers and round stave baskets for fruits and vegetables shall be of the following capacities: One-eighth bushel, one-fourth bushel, one-half bushel, live-eighths bushel, three-fourths bushel, one bushel, one-and-one-fourth bushels, one-and-one-half bushels, and two bushels, which, respectively, shall be of the cubic content set forth in this section.
For the purposes of this Act a bushel, standard dry measure, has a capacity of two thousand one hundred and fifty and forty-two one-hundredths cubic inches.
(a)The standard one-eighth-bushel hamper or round stave Contents of standard sizes.basket shall contain two hundred and sixty-eight and eight-tenths cubic inches.
(b)The standard one-fourth-bushel hamper or round stave basket shall contain five hundred and thirty-seven and six-tenths cubic inches.
(c)The standard one-half-bushel hamper or round stave basket shall contain one thousand and seventy-five and twenty-one one- hundredths cubic inches.
(cc)The standard five-eighths-bushel hamper or round stave basket shall contain one thousand three hundred and forty-four cubic inches.
(d)The standard three-fourths-bushel hamper or round stave basket shall contain one thousand six hundred and twelve and eight- tenths cubic inches.
(e)The standard one-bushel hamper or round stave basket shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic inches.
(f)The standard one-and-one-fourth-bushel hamper or round stave basket shall contain two thousand six hundred and eighty-eight cubic inches.
(g)The standard one-and-one-half-bushel hamper or round stave basket shall contain three thousand two hundred and twenty-five and sixty-three one-hundredths cubic inches.
(h)The standard two-bushel hamper or round stave basket shall contain four thousand three hundred and eighty-four one-hundredths cubic inches. Sec. 2. That the standard splint baskets for fruits and vegetables Standards fixed for splint baskets.Capacities specified.shall be the four-quart basket, eight-quart basket, twelve-quart basket, sixteen-quart basket, twenty-four-quart basket, and thirty-two-quart basket, standard dry measure. For the purposes of this Act a quart standard dry measure has a capacity of sixty-seven and two-tenths cubic inches.
(a)The four-quart splint basket shall contain two hundred and Contents of standard sizes.sixty-eight and eight-tenths cubic inches. 686
(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 thirty-two quart splint basket shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic inches. Tolerances allowed. Sec. 3. That the Secretary of Agriculture shall in his regulations under this Act prescribe such tolerances as he may find necessary to allow in the capacities for hampers, round stave baskets, and splint baskets set forth in sections 1 and 2 of this Act in order to provide for Cover conditions.reasonable variations occurring in the course of manufacturing and handling. If a cover be used upon any hamper or basket mentioned in this Act. it shall be securely fastened 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. Dimension specifications to be approved by Secretary of Agriculture. 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 Secretary of Agriculture, who is hereby directed to approve such specifications if he finds that hampers, round stave baskets, or splint baskets for fruits and vegetables made in accordance therewith would not be deceptive in appearance and would comply with the provisions of sections 1 and 2 of this Act. Manufacture, etc., of containers not complying with Act, unlawful. Sec. 5. That it shall be unlawful to manufacture for sale or shipment, to offer for sale, to sell, to offer for shipment, or to ship, hampers, round stave baskets, or splint baskets for fruits or vegetables, either filled or unfilled, or parts of such hampers, round stave *Provisos.*Climax baskets, etc., not included.Vol. 39, p. 673.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 for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and for other purposes” (Thirty-ninth United States Statutes at Penalty for violations.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 Immunity of guaranty from manufacturer, etc.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, wholesaler, shipper, or other party residing within the United States from whom the hampers, round stave baskets, or splint baskets, as defined in this Act, were purchased, to the effect that said hampers, round stave baskets, or splint baskets are correct, within the meaning of Contents of guaranty.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. Seizure, etc., of illegal containers. 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 687this Act, which shall be manufactured for sale or shipment, offered for sale, sold, or shipped, may be proceeded against in any district court of the United States within the district where the same shall Disposal of contents.be found and may be seized for confiscation by a process of libel for condemnation. Upon request the person entitled shall be permitted to retain or take possession of the contents of such hampers or baskets, but in the absence of such request, or when the perishable nature of such contents makes such action immediately necessary, the same shall be disposed of by destruction or sale, as the court or Disposal of condemned containers.a judge thereof may direct. If such hampers, round stave baskets, splint baskets, or parts thereof be found in such proceeding to be contrary to this Act, the same shall be disposed of by destruction, except that the court may by order direct that such hampers, baskets, or parts thereof be returned to the owner thereof or sold upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such hampers, baskets, or parts thereof shall not be sold or used contrary to law. The proceeds of any sale under this section, less legal costs and charges, shall be paid over to the person entitled thereto. The Procedure in seizure cases.proceedings in such seizure cases shall conform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in such case, and all such proceedings shall be at the suit and in the name of the United States. Foreign shipments not affected. Sec. 7. That this Act shall not prohibit the manufacture for sale or shipment, offer for sale, sale, or shipment of hampers, round stave baskets, splint baskets, or parts thereof, to any foreign country in accordance with the specifications of a foreign consignee or customer Banana hampers allowed.not contrary to the law of such foreign country; nor shall this Act prevent the manufacture or use of banana hampers of the shape and character now in commercial use as shipping containers for bananas. Sec. 8. That it shall be the duty of each United States district District attorneys to prosecute violations.attorney to whom satisfactory evidence of any violation of this Act is presented to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States in his district for the enforcement of the provisions of this Act. Sec. 9. That the Secretary of Agriculture shall prescribe such Regulations, tests, etc., to be prescribed.regulations as he may find necessary for carrying into effect the provisions of this Act, and shall cause such examinations and tests to be made as may be necessary in order to determine whether hampers, round stave baskets, and splint baskets, or parts thereof, subject to this Act, meet its requirements, and may take samples of such hampers, baskets, or parts thereof, the cost of which samples, upon request, shall be paid to the person entitled. Sec. 10. That for carrying out the purposes of this Act the Cooperation authorized with States, manufacturers, etc., for employees, expenses, etc.Secretary of Agriculture is authorized to cooperate with State, county, and municipal authorities, manufacturers, dealers, and shippers, to employ such persons and means, and to pay such expenses, including rent, printing publications, and the purchase of supplies and equipment in the District of Columbia and elsewhere, Necessary sums authorized to be appropriated.*Post,* pp. 895, 1214.as he shall find to be necessary, and there are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes. Sec. 11. That sections 5 and 6 of this Act shall become effective Seizure, etc., proceedings effective one year after 1st day of next November.at but not before the expiration of one year following the 1st day of November, next, succeeding the passage of this Act. Approved, May 21, 1928.
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Chapter 664
To fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes
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