§ 295. Standard of fineness of gold articles; deviation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1906

   Pub. L. 59–3289 § 2 · 34 Stat. 260

   Enacted · 15 U.S.C. § 295

   June 13, 1906, ch. 3289, § 2, 34 Stat. 260

   Source evidence

   Code source credit
   June 13, 1906, ch. 3289, § 2, 34 Stat. 260

   Enacted provision · exact public law section
   Sec. 2. That in the case of articles of merchandise made in whole or in part of gold or of any of its alloys so imported into or exported from the United States, or so deposited in the United States mails for transmission, or so delivered for transportation to any common carrier, or so transported or caused to be transported as specified in the first section of this Act, the actual fineness of such gold or alloy shall not be less by more than one-half of one carat than the fineness indicated by the mark stamped, branded, engraved, or printed upon any part of such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed; except that in the case of watch cases and flat ware, so made of gold or of any of its alloys, the actual fineness of such gold or alloy shall not be less by more than three one- thousandth parts than the fineness indicated by the mark stamped, branded, engraved, or printed upon such article, or upon any tag, card, or label attached thereto, or upon any box. package, cover, Provisos. or wrapper in which such article is incased or inclosed: Provided, Tests. That in any test for the ascertainment of the fineness of any article mentioned in this section, according to the foregoing standards, the part of the article taken for the test, analysis, or assay shall be such part or portion as does not contain or have attached thereto any solder or alloy of inferior fineness used for brazing or uniting the parts of Actual fineness required. said article: Provided further, That in the case of any article mentioned in this section, in addition to the foregoing tests and standards, the actual fineness of the entire quantity of gold or of its alloys contained in such article, including all solder and alloy of inferior fineness used for brazing or uniting the parts of such article (all such gold, alloys, and solder being assayed as one piece), shall not be less by more than one carat than the fineness indicated by the mark stamped, branded, engraved, or imprinted upon such article, or upon any tag, card, or label attached thereto, or upon any box, package, cover, or wrapper in which such article is incased or inclosed, it being intended that the standards of fineness and the tests or methods for ascertaining the same provided in this section for articles mentioned therein shall be concurrent and not alternative.

2. 1976

   Gold Labeling Act of 1976

   Pub. L. 94–450 § 2 · 90 Stat. 1501

   1. Substituted · 15 U.S.C. § 295

      Pub. L. 94–450 substituted “three one-thousandth parts” for “one-half of one carat”

   2. Substituted · 15 U.S.C. § 295

      Pub. L. 94–450 substituted “in an article mentioned in this section” for “in such article”

   3. Substituted · 15 U.S.C. § 295

      Pub. L. 94–450 substituted “than three one-thousandth parts, in the case of a watchcase or flatware, or than seven one-thousandth parts, in the case of any other such article,” for “than one carat”

   4. Struck · 15 U.S.C. § 295

      Pub. L. 94–450 struck out “in the case of any article mentioned in this section” which followed “Provided, further, That”, and exception which permitted the actual fineness of gold or its alloys used for watchcases and flatware to be not less by more than three one-thousandth parts the fineness indicated by stamp or label

   Source evidence

   Code amendment note
   Pub. L. 94–450 substituted “three one-thousandth parts” for “one-half of one carat”, “in an article mentioned in this section” for “in such article”, “than three one-thousandth parts, in the case of a watchcase or flatware, or than seven one-thousandth parts, in the case of any other such article,” for “than one carat”, struck out “in the case of any article mentioned in this section” which followed “Provided, further, That”, and exception which permitted the actual fineness of gold or its alloys used for watchcases and flatware to be not less by more than three one-thousandth parts the fineness indicated by stamp or label.

   Enacted provision · exact public law section
   Sec. 2. Section 2 of the Act of June 13, 1906 (34 Stat. 260; 15 U.S.C. 295), is amended— (1) by striking out “one-half of one carat” and inserting in lieu thereof “three one-thousandth parts”; (2) by striking out “; except” and all that follows through “incased or inclosed” immediately before the first proviso; (3) by striking out “in the case of any article mentioned in this section” in the second proviso; (4) by striking out “in such article” in the second proviso and inserting in lieu thereof “in an article mentioned in this section”; and (5) by striking out “than one carat” in the second proviso and inserting in lieu thereof “than three one-thousandth parts, in the case of a watchcase or flatware, or than seven one-thousandth parts, in the case of any other such article,”.

   Effective date note
   Pub. L. 94–450, § 3, Oct. 1, 1976, 90 Stat. 1501, provided that: “The amendments made by section 2 of this Act [amending this section] shall take effect five years after the date of enactment of this Act [Oct. 1, 1976] and shall not apply with respect to any article of merchandise which is sold by any manufacturer or importer before the effective date of such amendments.”

5 of 5 references resolved to an enrolled provision