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10 The term goods is discussed in more detail in part 776 of
this title (Interpretative Bulletin on the coverage of the wage and
hours provisions) issued by the Administrator of the Wage and Hour
Division.
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(a) Section 12(a) prohibits the shipment or delivery for shipment in
commerce of ``any goods'' produced in an establishment which were
removed within 30 days of the employment there of oppressive child
labor. It should be noted that the statute does not base the prohibition
of section 12(a) upon the percentage of an establishment's output which
is shipped in commerce.
(b) The Act furnishes its own definition of ``goods'' in section
3(i), as follows:
Goods means goods (including ships and marine equipment), wares,
products, commodities, merchandise, or articles or subjects of commerce
of any character, or any part or ingredient thereof, but does not
include goods after their delivery into the actual physical possession
of the ultimate consumer thereof other than a producer, manufacturer, or
processor thereof.
The term includes such things as food-stuffs, clothing, machinery,
printed materials, blueprints and also includes intangibles such as
news, ideas, and intelligence. The statute expressly excludes goods
after their delivery into the actual physical possession of an ultimate
consumer other than a producer, manufacturer, or processor thereof.
Accordingly, such a consumer may lawfully ship articles in his
possession although they were ineligible for shipments (commonly called
``hot goods'') before he received them.11
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11 For a discussion of the exclusionary clause in section 3(i)
of the Act, see Powell et al. v. United States Cartridge Co., 70 S. CT.
755.
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