§ 212. — Child labor provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC212]
TITLE 29--LABOR
CHAPTER 8--FAIR LABOR STANDARDS
Sec. 212. Child labor provisions
(a) Restrictions on shipment of goods; prosecution; conviction
No producer, manufacturer, or dealer shall ship or deliver for
shipment in commerce any goods produced in an establishment situated 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 shipment 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 requirements 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) Investigations and inspections
The Secretary of Labor or any of his authorized representatives,
shall make all investigations and inspections under section 211(a) of
this title with respect to the employment of minors, and, subject to the
direction and control of the Attorney General, shall bring all actions
under section 217 of this title to enjoin any act or practice which is
unlawful by reason of the existence of oppressive child labor, and shall
administer all other provisions of this chapter relating to oppressive
child labor.
(c) Oppressive child labor
No employer shall employ any oppressive child labor in commerce or
in the production of goods for commerce or in any enterprise engaged in
commerce or in the production of goods for commerce.
(d) Proof of age
In order to carry out the objectives of this section, the Secretary
may by regulation require employers to obtain from any employee proof of
age.
(June 25, 1938, ch. 676, Sec. 12, 52 Stat. 1067; 1946 Reorg. Plan No. 2,
Sec. 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26,
1949, ch. 736, Sec. 10, 63 Stat. 917; Pub. L. 87-30, Sec. 8, May 5,
1961, 75 Stat. 70; Pub. L. 93-259, Sec. 25(a), Apr. 8, 1974, 88 Stat.
72.)
Amendments
1974--Subsec. (d). Pub. L. 93-259 added subsec. (d).
1961--Subsec. (c). Pub. L. 87-30 inserted ``or in any enterprise
engaged in commerce or in the production of goods for commerce''.
1949--Subsec. (a). Act Oct. 26, 1949, Sec. 10(a), struck out
effective date at beginning of subsection and inserted proviso excepting
good faith purchaser of goods produced by oppressive child labor.
Subsec. (c). Act Oct. 26, 1949, Sec. 10(b), added subsec. (c).
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-259 effective May 1, 1974, see section 29(a)
of Pub. L. 93-259, set out as a note under section 202 of this title.
Effective Date of 1961 Amendment
Amendment by Pub. L. 87-30 effective upon expiration of one hundred
and twenty days after May 5, 1961, except as otherwise provided, see
section 14 of Pub. L. 87-30, set out as a note under section 203 of this
title.
Effective Date of 1949 Amendment
Amendment by act Oct. 26, 1949, effective ninety days after Oct. 26,
1949, see section 16(a) of act Oct. 26, 1949, set out as a note under
section 202 of this title.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of Labor, with certain exceptions, to Secretary of Labor,
with power to delegate, see Reorg. Plan No. 6 of 1950, Secs. 1, 2, 15
F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government
Organization and Employees.
``Secretary of Labor'' substituted for ``Chief of the Children's
Bureau in the Department of Labor'' in subsec. (b) by 1946 Reorg. Plan
No. 2. See note set out under section 203 of this title.
Section Referred to in Other Sections
This section is referred to in sections 211, 213, 215, 216 of this
title; title 2 section 1313; title 3 section 413.
