A question frequently asked is whether a single written assurance of
compliance will suffice for purposes both of section 12(a), relating to
child labor, and section 15(a)(1), relating to wage and hour standards.
A single assurance would appear to be sufficient, provided it is
specific enough to meet all the conditions of the two sections. Although
it is possible that the courts might find assurances referring generally
to compliance ``with the requirements of the Act'' adequate for all
purposes, the safer course to pursue would be to phrase the assurance in
terms of compliance with the specific sections of the Act whose
violation would bar the goods from interstate or foreign commerce.
The language of the statute gives support to this view. It will be noted
that the written assurance referred to in section 15(a)(1) is described
as one of ``compliance with the requirements of the Act * * *,'' whereas
the written assurance referred to in section 12(a) is described as one
of ``compliance with this section.'' In view of the differences in
wording of the two sections, a court
might conclude that a general assurance of compliance with the Act is
not sufficient to include a specific assurance of compliance with
section 12, on the theory that if Congress had intended an assurance of
compliance with the Act to be sufficient under the child-labor
provisions, there would have been no reason for the use of the more
specific language which it placed in section 12. Also, it is possible
that a court might conclude that Congress intended, under section
15(a)(1), that the assurance should refer specifically to the particular
sections of the Act mentioned therein, since unless there is some
violation of one of those sections in the production of goods, a
subsequent purchaser is not prohibited from putting them in commerce.
There is no prescribed form or language that must be followed in order
for the written assurance of compliance to afford the desired
protection. However, in view of the considerations mentioned above, the
following is suggested as a guide for the type of language which would
appear to provide the maximum degreee of certainty that a purchaser who
acquired the goods in good faith in reliance on the written assurance
would receive the protection intended by the amendments:
We hereby certify that these goods were produced in compliance with
all applicable requirements of sections 6, 7, and 12 of the Fair Labor
Standards Act, as amended, and of regulations and orders of the United
States Department of Labor issued under section 14 thereof:
The question has also arisen as to what method should be used to give a
purchaser a proper written assurance which would adequately identify the
particular goods to which such assurance relates. Although other means
of giving proper written assurances may be found to be more practical
and convenient, it appears that one simple and feasible method of giving
such assurance is for the producer to stamp or print the assurance on
the invoice which covers the particular goods and which is given to the
purchaser as a part of the transaction whereby the goods are acquired.
