According to section 12(a) goods produced in an establishment in or
about which oppressive child labor has been employed are barred as ``hot
goods'' from being shipped or delivered for shipment in commerce in the
following two situations: First, if they were removed from the
establishment while any oppressive child labor was still being employed
in or about it; second, if they were removed from an establishment in or
about which oppressive child labor was no longer employed but less than
30 days had then elapsed since any such employment of oppressive child
labor came to an end. Once any goods have been removed from a producing
establishment within the above-mentioned thirty-day period, they are
barred at any time theafter from being shipped or delivered for shipment
in commerce so long as they remain ``goods'' for purposes of the Act.
\21\ Goods are considered removed from an establishment just as soon as
they are taken away from the establishment as that term has been
defined. \22\ The statute does not require that this ``removal'' from
the establishment be made for the purpose or in the course of a shipment
or delivery for shipment in commerce. A ``removal'' within the meaning
of the statute also takes place where the goods are removed from the
establishment for some other purpose such as storage, the granting of a
lien or other security interest, or further processing.
---------------------------------------------------------------------------
\21\ However, section 12(a) contains a provision relieving innocent
purchasers from liability thereunder provided certain conditions are
met. For a discussion of this provision, see Sec. 570.128.
Also, section 15(a)(1) relieves any common carrier from liability
under the Act for the transportation in commerce in the regular course
of its business of any goods not produced by such common carrier.
\22\ For a discussion of the meaning of ``establishment,'' see
Sec. 570.109.
\23\ [Reserved]
---------------------------------------------------------------------------
[16 FR 7008, July 20, 1951, as amended at 23 FR 6240, Aug. 14, 1958.
Redesignated at 28 FR 1634, Feb. 21, 1963. Redesignated and amended at
36 FR 25156, Dec. 29, 1971]