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person other than the manufacturer of the lime, the information mentioned above must be given in the manner there de. scribed, and in addition there must be a statement to this effect: “Packed by

(giving the name and address of the packer). This statement shall be in letters not smaller than is specified for the general statement required in the case of barrels and containers of less capacity ihan the standard small barrel, respectively (see (a) and (b) above); it shall not be obscured and shall form part of the principal label or be upon the same side of the tag as in those cases provided.

(d) In the case of all lime sold in barrels, the actual place of manufacture of the lime shall be stated on the barrel. In general, this will be the name of the post office nearest or most accessible to the plant. However, when the actual place of manufacture of the lime and the offices of the company are separated but are within the boundaries of the same county of a State, or when, though not within the boundaries of the same county they are so close together that the postoffice address of the offices represents substantially and to all intents and purposes the actual place of manufacture of the lime, then the post-office address of the offices of the company will be sufficient: Provided, however, That the address given shall always correctly show the State in which the lime is actually manufactured.

More than one place of manufacture of a manufacturer shall not be shown on the same barrel unless the one at which the particular lime in question is manufactured is pointed out.

If the location of the home offices is stated and this is not the place of manufacture within the meaning of the above definition, an additional statement must be included to this effect: "Manufactured at

(giving the location of the plant):

Par. 6. (a) When lime is packed in barrels the tolerance to be allowed on the large barrel or the small barrel of lime shall be 5 pounds in excess or in deficiency on any individual barrel: Provided, however, That the average error on 10 barrels of the same nominal weight and packed by the same manufacturer shall in no case be greater than 2 pounds in excess or in deficiency. In case all the barrels available are not weighed, those which are weighed shall be selected at random.

(b) When lime is packed in containers of less capacity than the standard small barrel, the tolerance to be allowed in excess or in deficiency on individual containers of various weights, shall be the values given in the column headed "Tolerance on individual package," of the following table: Provided, however, That the average error on 10 containers of the same nominal weight and packed by the same manufacturer shall in no case be greater than the values given in the column headed “Tolerance on average weight,” of the following table. In case all the containers available are not weighed, those which are weighed shall be selected at random.

U. S. Code, 1946 Ed., Title 15, Ch. 6% Standard Con

tainer Acts of 1916 and 1928. Sec. 251. Standard container act of 1916: Standards for climax baskets.

Standards for Climax baskets for grapes and other fruits and vegetables shall be the two-quart basket, four-quart basket, and twelve-quart basket, respectively:

(a) The standard two-quart Climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half inches; width of bottom piece, three and one-half inches; thickness of bottom piece, three-eighths of an inch; height of basket, three and seven-eighths inches outside measurement; top of basket, length eleven inches and width five inches, outside measurement. Basket to have a cover five by eleven inches, when a cover is used.

(b) The standard four-quart Climax basket shall be of the following dimensions: Length of bottom piece, twelve inches; width of bottom piece, four and one-half inches; thickness of bottom piece, threeeighths of an inch; height of basket, four and elevensixteenth inches, outside measurement; top of basket, length fourteen inches, width six and one-fourth inches, outside measurement. Basket to have cover six and one-fourth inches by fourteen inches, when cover is used.

(c) The standard twelve-quart Climax basket shall be of the following dimensions: Length of bottom piece, sixteen inches; width of bottom piece, six and one-half inches; thickness of bottom piece, sevensixteenth of an inch; height of basket, seven and onesixteenth inches, outside measurement; top of basket, length nineteen inches, width nine inches, outside measurement. Basket to have cover nine inches by nineteen inches, when cover is used.

The standards for Climax baskets for mushrooms shall be those set forth above, except that a onepound Climax basket of the following dimensions shall be standard for mushrooms when plainly stamped or marked on the side of the basket with the words “for mushrooms only": Length of bottom piece, seven and three-fourths inches; width of bottom piece, three and three-sixteenths inches; thickness of bottom piece, three-eighths of an inch; height of basket, three and five-eighths inches; top of basket -length, nine and three-eighths inches; width, four and three-eighths inches—all outside measurements. Basket to have a cover four and three-eighths by nine and three-eighths inches, when cover is used. (1916; last amended 1934.] Sec. 252. Same: Standard baskets for small fruits and vege

tables.

The standard basket or other container for small fruits, berries, and vegetables shall be of the following capacities, namely, dry one-half pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half pint shall contain sixteen and eight-tenths cubic inches.

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U. S. Code, 1946 Ed., Title 15, Ch. 6—Standard Con

tainer Acts of 1916 and 1928 Continued.

(b) The dry pint shall contain thirty-three and six-tenths cubic inches.

(c) The dry quart shall contain sixty-seven and two-tenths cubic inches. [1916) Sec. 253. Same: Failure to conform to standards; penalty; exception.

It shall be unlawful to manufacture for shipment, or to sell for shipment, or to ship from any State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, any Climax baskets or other containers for small fruits, berries, or vegetables, whether filled or unfilled, which do not conform to the provisions of this subchapter [Secs. 251-256), or to use in any such shipment for any commodity other than mushrooms the onepound Climax basket, provided for in section 251 of this title; and any person guilty of a willful violation of any of the provisions of said subchapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding $25: Provided, That nothing contained in this section shall apply to the manufacture, sale, or shipment of Climax baskets, baskets, or other containers for small fruits, berries, and vegetables when intended for export to foreign countries when such Climax baskets, baskets, or other containers for small fruits, berries, and vegetables accord with the specifications of the foreign purchasers or comply with the law of the country to which shipment is made or to be made. [1916; last amended 1934.] Sec. 254. Same: Examination and test by Department of

Agriculture; rules and regulations.

The examination and test of Climax baskets, baskets, or other containers for small fruits, berries, and vegetables, for the purpose of determining whether such baskets or other containers comply with the provisions of this subchapter (Secs. 251256), shall be made by the Department of Agriculture, and the Secretary of Agriculture shall establish and promulgate rules and regulations allowing such reasonable tolerances and variations as may be found necessary. [1916] Sec. 255. Same: Prosecutions.

It shall be the duty of each district attorney to whom satisfactory evidence of any violation of this subchapter (Secs. 251-256) is presented to cause appropriate proceedings to be commenced and prosecuted in the proper court of the United States for the enforcement of the penalties as in such case provided in said subchapter. [1916] Sec. 256. Same: Guaranty protection.

No dealer shall be prosecuted under the provisions of this subchapter Secs. 251-256] when he can establish a guaranty signed by the manufacturer, wholesaler, jobber, or other party residing within the

United States from whom such Climax baskets, baskets, or other containers, as defined in said subchapter, were purchased, to the effect that said Climax baskets, baskets, or other containers are correct within the meaning of said subchapter. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of Climax baskets, baskets, or other containers 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 subchaper. (1916) Sec. 257. Standard container act of 1928: Standard hampers

and round stave baskets.

The standard hampers and round stave baskets for fruits and vegetables shall be of the following capacities: One-eighth bushel, one-fourth bushel, one-half bushel, five-eighths bushel, three-fourths bushel, one bushel, one-and-one-fourth bushels, oneand-one-half bushels, and two bushels, which, respectively, shall be of the cubic content set forth in this section. For the purposes of this subchapter [Secs. 257–257i) 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 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 ham. per 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. [1928] Sec. 257a. Same: Standard splint baskets.

The standard splint baskets for fruits and vegetables 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 subchapter (Secs. 257–257i] 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 sixty-eight and eight-tenths cubic inches.

(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 onehundredths cubic inches.

(e) The twenty-four quart splint basket shall contain one thousand six hundred and twelve and eighttenths cubic inches.

(1) The thirty-two quart splint basket shall contain two thousand one hundred and fifty and fortytwo one-hundredths cubic inches. [1928] Sec. 257b. Same: Tolerances; attaching of covers.

The Secretary of Agriculture shall in his regulations under this subchapter (Secs. 257-257i] 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 257 and 257a of this title 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 subchapter, 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. (1928) Sec. 257c. Same: Approval of manufacturers' dimension speci. fications.

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 257 and 257a of this title. (1928) Sec. 257d. Same: Violations; penalty; exception; guaranty protection.

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 bas

kets, or splint baskets that do not comply with this subchapter (Secs. 257-257i]: Provided, That this subchapter shall not apply to Climax baskets, berry boxes, and till baskets which comply with the provisions of sections 251-256 of this title, 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 subchapter 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 subchapter, were purchased, to the effect that said hampers, round 'stave baskets, or splint baskets are correct, within the meaning of subchapter. 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 subchapter to the person who made the purchase. [1928] Sec. 257e. Same: Seizure of illegal hampers and baskets; con

demnation; procedure.

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 this subchapter (Secs. 257-257i), 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 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 a judge thereof may direct. If such hampers, round stave baskets, splint baskets, or parts thereof be found in such pro ceeding to be contrary to this subchapter, 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 proceedings in such seizure cases shall conform as near as may be Container Acts of 1916 and 1928. Formerly, regulations were issued separately for each of these acts. This material is presented in the form in which it was published in the Federal Register, Vol. 8, No. 254, December 23, 1943.)

U. S. Code, 1946 Ed., Title 15, Ch. 6—Standard Con

tainer Acts of 1916 and 1928Continued. 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 (1928] Sec. 257f. Same: Hampers and baskets for foreign countries; conformity to foreign specification; banana hampers.

This subchapter (Secs. 257–257i] 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 not contrary to the law of such foreign country; nor shall this subchapter prevent the manufacture or use of banana hampers of the shape and character now in commercial use as shipping containers for bananas. (1928] Sec. 257g. Same: Prosecutions.

It shall be the duty of each United States district attorney to whom satisfactory evidence of any violation of this subchapter (Secs. 257–257i] 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 subchapter. (1928) Sec. 257h. Same: Regulations; examination and tests.

The Secretary of Agriculture shall prescribe such regulations as he may find necessary for carrying into effect the provisions of this subchapter (Secs. 257-257i], 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 subchapter, 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. [1928] Sec. 257i. Same: Authority of Secretary of Agriculture.

For carrying out the purposes of this subchapter the 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, as he shall find to be necessary, and there are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes. [1928] Regulations Under The Federal Standard Container

Act of 1916 and The Federal Standard Container Act of 1928.

(ED. NOTE.—There are given below the consolidated regulations promulgated under authority of the Standard

Code of Federal Regulations, Title 7, Chapter I, Subchapter A,

Part 41-Standard Containers.

$ 41.1 Meaning of words. Words used in these regulations in the singular form shall be considered to import the plural, or vice versa, as the case may demand.

§ 41.2 Definitions; general. For the purpose of these reg. ulations, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:

(a) “Act of 1916" means the U. S. Standard Container Act approved August 31, 1916, as amended (39 Stat. 674; 48 Stat. 930; 15 U.S.C. 251–256);

(b) "Act of 1928" means the U. S. Standard Container Act approved May 21, 1928 (45 Stat. 685, 15 U.S.C. 257-257i);

(c) “Administrator" means the War Food Administrator or any officer or employee of the Department of Agriculture to whom the Administrator has heretofore delegated or may hereafter delegate the authority to act in his stead;

(d) “Director" means the Director of Food Distribution of the War Food Administration, or any officer or employee of the War Food Administration to whom the Director has heretofore delegated or may hereafter delegate the authority to act in his stead;

(e) “Branch" means the Fruit and Vegetable Branch of the Food Distribution Administration;

(f) “Chief of Branch" means the Chief of the Fruit and Vegetable Branch of the Food Distribution Administration or any officer or employee of the Branch to whom has heretofore been delegated or may hereafter be delegated the authority to act in his stead.

$ 41.3 Definitions; act of 1916. (a) “Containers” means Climax baskets for grapes and other fruit and vegetables and for mushrooms, and baskets or other containers for small fruits, berries, and vegetables, including those commonly known as berry boxes and till baskets, made of veneer, corrugated or solid fibreboard, metal or other material, ventilated or non-ventilated;

(b). “Climax basket” means a basket approximately rectangular in shape, with handle, and having slanting sides composed of one or more pieces of material bound at the top by bands of heavier material, and having solid bottom, or having sides and bottom formed from one continuous piece of material;

(c) “Standard basket or other container for small fruits, berries, and vegetables” means (1) a small, open or partly open container generally known as a berry box or till basket, commonly made in the following sizes: 1/2 pint, pint, quart, 2 quart, 3 quart, and 4 quart; the larger sizes sometimes used with handles; used as a display or retail sales package or as a sub-container within a crate or other carrier, but not usually in itself a primary shipping container; or (2) any other baskets for the above commodities not covered by the act of 1928 (made in multiples of the dry one quart).

§ 41.4 Definitions; act of 1928. (a) “Containers" means all styles and types of hampers, round stave baskets, and splint or market baskets for fruits and vegetables, made of veneer, corrugated or solid fibreboard, metal or other material, ventilated or non-ventilated;

(b) “Hamper" means a container, usually round, but which may be elliptical or polygonal, larger at top than at bottom, and of greater depth than width; having slatted or solid sides and solid or fabricated bottom, or having sides and bottom formed of one continuous piece of material;

(c) "Round stave basket" means a round container, larger at top than at bottom, and of greater width than depth, hav. ing slatted or solid sides and solid or fabricated bottom, or having sides and bottom formed from one continuous piece of material;

(d) “Splint basket" means a basket commonly known to the trade as a market basket, approximately rectangular in shape, usually with handle or handles, the sides and bottom of which are formed of solid or fabricated material, usually bound at the top by bands of heavier material;

(e) "Dimension specifications" means the numerical desig. nations of inside and outside measurements necessary properly to classify a container as to its capacity, shape, and appear. ance;

(f) “Deceptive appearance" means the appearance of a basket or hamper such as to give to the ordinary individual the impression that the container is of greater or lesser capacity than that of a standard container of the same size, or such that it is not readily distinguishable from other standard sizes established by the act.

containers covered by the act of 1928, as to deceptive appearance and conformity to approved specifications, carefully made samples shall be submitted to the Chief of Branch at his request. Such samples may be called for prior to the approval of the dimension specifications under the act of 1928, and addi. tional samples may be called for from time to time in the discretion of the Chief of Branch for subsequent test as to their compliance with these acts.

$ 41.13 Method of testing. Except as provided in $ 41.14, the capacity of samples referred to in $ 41.12 shall be determined by the bulk-for-bulk method, as described in U. S. D. A. Miscell. Pub. No. 75, or by reckoning from inside dimensions. Except as provided in 8 41.14, only the capacity of the container when level full shall be considered, regardless of any extension of the sides above such top hoops or bands to serve as a support for the cover.

§ 41.14 Testing containers in which the inside top hoop sets down. The capacity of a container which is constructed with the inside top hoop set down to accommodate a cover shall be determined by first obtaining the total capacity in the usual manner and from it deducting the number of cubic inches contained in the space between the upper edge of the inside top hoop and the upper ends of the staves. The capacity of this space shall be computed by the formula: Diameter squared x 0.7854 x the average depth.

41.15 Satisfactory samples. Samples when tested will be considered satisfactory if the results of the tests are such as to indicate that in the factory run of such containers there will be practically as many over standard as under standard capacity within the established tolerances and, in the case of containers. covered by the act of 1928, that they conform to the approved specifications.

ADMINISTRATION

8 41.5 Chief of Branch. The Chief or Acting Chief of Branch shall perform for and under the supervision of the Administrator and the Director, such duties as the Administrator or the Director may require in enforcing the provisions of the acts and these regulations.

MARKING REQUIREMENTS—ACT OF 1916 $ 41.6 Marking requirements for 1-pound Climax baskets. The required marking or stamping of these baskets "for mushrooms only" shall be not less than 212 inches in length over all, and composed of letters not less than three-eighths of an inch in height.

TOLERANCES OR VARIATIONS § 41.16 Excess or deficiency. For the purpose of allowing for variations in the capacity of containers incidental to manu. facture, the excess or deficiency in the capacity of any container over or under the standard capacity prescribed for such container by the acts may be as much as, but not more than, the tolerance for excess and deficiency shown in Table 1; however, where departures from the standar capacity occur in any lot of containers, the proportion over and under the standard capacity shall be approximately equal; and no lot shall be considered satisfactory in which the containers are within the deficiency tolerance but all under the standard capacity prescribed for such containers by the act.

SPECIFICATIONS-ACT OF 1928 $ 41.7 Submission of specifications. In order to comply with section 4 of the act of 1928, each manufacturer of hampers, round stave baskets, and splint or market baskets shall submit over his signature on forms provided for that purpose dimension specifications to the Chief of Branch for his approval; and the manufacture of such containers shall not be undertaken until the specifications therefor have been approved by the Chief of Branch.

$ 41.8 Approval of specifications. The Chief of Branch will approve all such dimension specifications if he finds that the containers made in accordance therewith are of the proper cubical capacity and are not of deceptive appearance.

$ 41.9 Alteration of specifications. The dimension specifications of any container which have been approved under the provisions of the Act of 1928 shall not be changed nor altered in any way without the prior approval of the Chief of Branch.

$ 41.10 Ordering of forms. Manufacturers of containers covered by this act shall secure prior approval of specifications for such containers before ordering or obtaining forms therefor.

$ 41.11 Certification of specifications and marking. The dimension specifications, if approved, will be specifically certified by the Chief of Branch; and the certificate will bear an identification number which may be used by the manufacturer to whom it is issued in stamping or otherwise marking in the following style the container covered by the certificate:

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708 U.S.

4 Qts.

TESTING OF SAMPLES 41.12 Samples for examination. For the purpose of determining whether containers comply with the requirements of the acts of 1916 and 1928 as to capacity and, in the case of

§ 41.18 Tolerances for sizes not shown in Table 1. If a container has a capacity to which a standard is applicable under the act of 1916, but which is not specified in the column headed "Standard capacity" in Table 1, the excess or the deficiency allowed shall be that permitted for the next smaller capacity specified in the table.

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