(a) What constitutes the violation. Each of the following
constitutes a violation of the Act and/or the Secretary's regulations
for which a penalty as provided by section 16(e) of the Act and this
part may be imposed, unless employment of the minor or minors referred
to is shown to come within a specific exemption or exception described
in paragraph (c) of this section:
(1) Each shipment or delivery for shipment in commerce by a
producer, manufacturer, or dealer of 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, there has been
employed any minor as described in paragraph (b) of this section;
(2) Each employment by an employer of any minor as described in
paragraph (b) of this section, for any period 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;
(3)-(4) [Reserved]
(5) The failure by an employer employing any minor for whom records
must be kept under any provision of part 516 of this title to maintain
and preserve, as required by such provision, such records concerning the
date of the minor's birth and concerning the proof of the minor's age as
specified therein; and
(6) The failure by an employer employing any minor subject to any
provision of 29 CFR part 570, to take or cause to be taken such action
as is necessary to assure compliance with all requirements of such
provision which, by the regulations in such part, are made conditions
for lawful employment of such minor.
(b) Minors whose employment may result in violation. The violations
described in paragraph (a) may result from employment of any of the
following minors as described:
(1) Any minor under the age of 18 years in any occupation (other
than in agriculture) in which employment, as set forth in subpart E of
part 570 of this chapter, has been found and declared by the Secretary
to be particularly
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hazardous for or detrimental to the health or well-being of minors below
such age;
(2) Any minor under the age of 16 years:
(i) In agriculture during school hours for the school district where
such minor is living while so employed; or
(ii) In agriculture in any occupation found and declared by the
Secretary as set forth in subpart E-1 of part 570 of this chapter, to be
particularly hazardous for the employment of minors below such age; or
(iii) In any manufacturing or mining occupation; or
(iv) In any other occupation other than in agriculture unless it is
established that such minor is at least 14 years of age and the
employment of such minor in such occupation is specifically permitted by
and in accord with regulations of the Secretary as set forth in subpart
C of part 570 of this chapter;
(3) Any minor under the age of 14 years:
(i) In any occupation other than in agriculture; or
(ii) In agriculture, outside of school hours for the school district
where such minor is living while so employed, unless it is established
either:
(A) That such minor is not less than 12 years of age and either (1)
that such employment is with the written consent of a parent or person
standing in place of a parent of such minor, or (2) that such employment
is on the same farm where such parent or person is also employed; or
(B) That such minor, if less than 12 years of age, is employed as
described in paragraph (b)(4)(i) or (b)(4)(ii) of this section; and
(4) Any minor under the age of 12 years, unless it is established
that such minor is employed in agriculture outside of school hours for
the school district where such minor is living while so employed, and:
(i) Is employed by a parent or by a person standing in place of a
parent of such minor, on a farm owned or operated by such parent or
person; or
(ii) Is employed with the written consent of a parent or person
standing in place of a parent of such minor, on a farm where, because of
the provisions of section 13(a)(6) of the Act, none of the employees are
required to be paid at the wage rate prescribed by section 6(a)(5) of
the Act.
(c) Exemptions and exceptions. Conduct which otherwise might
constitute a violation of the Act as described in paragraphs (a) and (b)
of this section may be shown to be not violative of the child labor
provisions by evidence that a specific exemption or exception provided
in the Act makes such conduct permissible. Thus, the Act provides:
(1) That none of the child labor provisions of section 12 shall
apply to: (i) Any child employed as an actor or performer in motion
pictures or theatrical productions, or in radio or television
productions; (ii) any employee engaged in the delivery of newspapers to
the consumer; (iii) any homeworker engaged in the making of wreaths
composed principally of natural holly, pine, cedar, or other evergreens
(including the harvesting of the evergreens or other forest products
used in making such wreaths); or (iv) any employee whose services during
the workweek are performed in a workplace within a foreign country or
within territory under the jurisdiction of the United States other than
the States, territories, and possessions listed in section 13(f) of the
Act (see Act, sections 13(c)(3), 13(d), 13(f));
(2) That, with respect to the violations described in paragraph
(a)(1) of this section, 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 section 12 of
the Act, and who acquired such goods for value without notice of any
such violation, shall not be deemed prohibited (see Act, section 12(a)
and 29 CFR part 789);
(3) That, with respect to violations described in paragraph (a)(2)
of this section resulting from employment of minors as described in
paragraph (b) (2)(iv), a parent or person standing in place of a parent
may lawfully employ his or her own child or a child in his or her
custody under the age of 16 years in
[[Page 305]]
an occupation other than: (i) Manufacturing or (ii) mining or (iii) an
occupation found and declared by the Secretary of Labor to be
particularly hazardous for the employment of children between the ages
of 16 and 18 years or detrimental to their health or well-being, and an
employer may lawfully employ a young worker between 14 and 16 years of
age in an occupation permitted and under conditions prescribed by 29 CFR
part 570, subpart C;
(4) That, with respect to violations described in paragraph (a)(2)
of this section resulting from employment of minors in agriculture as
described in paragraph (b)(2)(iii), a parent or person standing in place
of a parent may lawfully employ on a farm owned or operated by such
parent or person, his or her own child or a child in his or her custody
under the age of 16 years in an occupation in agriculture found and
declared by the Secretary of Labor to be particularly hazardous for the
employment of children below such age;
(5) That, with respect to violations described in paragraph (a)(2)
of this section resulting from employment of minors in agriculture as
described in paragraph (b)(3)(ii), employment of minors 12 or 13 years
of age is lawful under the conditions prescribed in paragraph
(b)(3)(ii)(A) of this section and employment of minors under 12 years of
age is lawful under the conditions prescribed in paragraph (b)(3)(ii)(B)
of this section; and
(6) That, with respect to violations described in paragraph (a)(2)
of this section resulting from employment of minors in agriculture as
described in paragraph (b)(4), employment of minors under 12 years of
age is lawful under the conditions prescribed in paragraph (b)(4)(i) or
(ii) of this section.
[40 FR 25792, June 18, 1975, as amended at 41 FR 26836, June 29, 1976;
69 FR 75405, Dec. 16, 2004]
