§ 212. Child labor provisions

Statutory text

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.

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.

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.

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.

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.

1938
Fair Labor Standards Act of 1938
Pub. L. 75–676 § 12 · 52 Stat. 1060
Enacted · 29 U.S.C. § 212
June 25, 1938, ch. 676, § 12, 52 Stat. 1067
Source evidence
Code source credit
June 25, 1938, ch. 676, § 12, 52 Stat. 1067
Enacted provision · exact public law section
Sec. 12. child labor provisions (a) After the expiration of one hundred and twenty days Child labor provisions. from the date of enactment of this Act, 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, Proviso. Effect of prosecution and conviction. 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) The Chief of the Children’s Bureau in the Department of Investigations and inspections. Labor, or any of his authorized representatives, shall make all investigations and inspections under section 11 (a) with respect to the Ante, p. 1066. employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 17 to Post, p. 1069. 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 Act relating to oppressive child labor.
1949
Public Law not identified
Struck and inserted · 29 U.S.C. § 212(a)
Subsec. (a). Act Oct. 26, 1949, § 10(a), struck out effective date at beginning of subsection and inserted proviso excepting good faith purchaser of goods produced by oppressive child labor
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Oct. 26, 1949, § 10(a), struck out effective date at beginning of subsection and inserted proviso excepting good faith purchaser of goods produced by oppressive child labor.
1949
Public Law not identified
Added · 29 U.S.C. § 212(c)
Subsec. (c). Act Oct. 26, 1949, § 10(b), added subsec. (c)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act Oct. 26, 1949, § 10(b), added subsec. (c).
1961
Pub. L. 87–30 § 8 · 75 Stat. 65
Inserted · 29 U.S.C. § 212(c)
Pub. L. 87–30 inserted “or in any enterprise engaged in commerce or in the production of goods for commerce”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 87–30 inserted “or in any enterprise engaged in commerce or in the production of goods for commerce”.
Enacted provision · exact public law section
Sec. 8. child labor provisions Subsection (c) of section 12 of such Act is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “or in any enterprise engaged in commerce or in the production of goods for commerce.”
1974
Pub. L. 93–259 § 25(a) · [88 Stat. 55]
Added · 29 U.S.C. § 212(d)
Pub. L. 93–259 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–259 added subsec. (d).
Enacted provision · exact public law section
(a) Section 12 (relating to child labor) is amended by adding at the end thereof the following new subsection: “(d) 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.”
Effective date note
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.

3 of 5 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

Amendments1949–1974 · 3 rounds

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, § 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, § 10(b), added subsec. (c).

Statutory Notes and Related Subsidiaries

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.

Executive Documents

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, §§ 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.

Credits

1938–1974 · 5 acts

1938June 25, 1938, ch. 676, § 12, 52 Stat. 1067
19461946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095
1949Oct. 26, 1949, ch. 736, § 10, 63 Stat. 917
1961Pub. L. 87–30, § 8, May 5, 1961, 75 Stat. 70
1974Pub. L. 93–259, § 25(a), Apr. 8, 1974, 88 Stat. 72.

Show as published

(June 25, 1938, ch. 676, § 12, 52 Stat. 1067; 1946 Reorg. Plan No. 2, § 1(b), eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Oct. 26, 1949, ch. 736, § 10, 63 Stat. 917; Pub. L. 87–30, § 8, May 5, 1961, 75 Stat. 70; Pub. L. 93–259, § 25(a), Apr. 8, 1974, 88 Stat. 72.)