15 U.S.C. § 235 — Sale or shipment of barrel of less capacity

Page 644 TITLE 15—COMMERCE AND TRADE § 234 CODIFICATION This section is also set out as section 23 of Title 21, Food and Drugs. § 234. Standard barrel for fruits or other dry commodity The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when meas- ured without distention of its parts: Length of stave, twenty-eight and one-half inches; diame- ter of heads, seventeen and one-eighth inches; distance between heads, twenty-six inches; cir- cumference of bulge, sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch: Provided, That any barrel of a different form having a ca- pacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: Length of staves, twenty-eight and one-half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twenty-five and one-fourth inches; circum- ference of bulge, fifty-eight and one-half inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch. (Mar. 4, 1915, ch. 158, § 1, 38 Stat. 1186.) § 235. Sale or shipment of barrel of less capacity than standard; punishment It shall be unlawful to sell, offer, or expose for sale in any State, Territory, or the District of Columbia, or to ship from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia or to a foreign country, a barrel containing fruits or vegetables or any other dry commodity of less capacity than the standard barrels defined in section 234 of this title, known as the third, half, and three-quarters barrel, and any person guilty of a willful violation of any of the provisions of sections 234 to 236 of this title shall be deemed guilty of a misdemeanor and be liable to a fine not to exceed $500, or imprisonment not to ex- ceed six months, in the court of the United States having jurisdiction: Provided, however, That no barrel shall be deemed below standard within the meaning of said sections when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed in con- flict with the laws of the foreign country to which the same is intended to be shipped. (Mar. 4, 1915, ch. 158, § 2, 38 Stat. 1186.) § 236. Variations from standard permitted; pros- ecutions; law not applicable to certain bar- rels Reasonable variations shall be permitted and tolerance shall be established by rules and regu- lations made by the Director of the National In- stitute of Standards and Technology and ap- proved by the Secretary of Commerce. Prosecu- tions for offenses under this section or sections 234 or 235 of this title may be begun upon com- plaint of local sealers of weights and measures or other officers of the several States and Terri- tories appointed to enforce the laws of the said States or Territories, respectively, relating to weights and measures: Provided, however, That nothing in this section or sections 234 and 235 of this title shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count. (Mar. 4, 1915, ch. 158, § 3, 38 Stat. 1187; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘Bureau of Stand- ards’’. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Com- merce and functions of all agencies and employees of such Department, with a few exceptions, transferred to Secretary of Commerce, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and em- ployees, by Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. § 237. Standard barrels for lime There is established a large and a small barrel of lime, the large barrel to consist of two hun- dred and eighty pounds and the small barrel to consist of one hundred and eighty pounds, net weight. (Aug. 23, 1916, ch. 396, § 1, 39 Stat. 530.) § 238. Penalty for selling in barrels not marked It shall be unlawful for any person to sell or offer for sale lime imported in barrels from a foreign country, or to sell or offer for sale lime in barrels for shipment from any State or Terri- tory or the District of Columbia, to any other State or Territory or the District of Columbia, unless there shall be stenciled or otherwise clearly marked on one or both heads of the small barrel the figures ‘‘180 lbs. net’’ and of the large barrel the figures ‘‘280 lbs. net’’ before the importation or shipment, and on either barrel in addition the name of the manufacturer of the lime and where manufactured, and, if imported, the name of the country from which it is im- ported. (Aug. 23, 1916, ch. 396, § 2, 39 Stat. 530.) § 239. Sale in containers of less capacity than barrel When lime is sold in interstate or foreign com- merce in containers of less capacity than the standard small barrel, it shall be sold in frac- tional parts of said standard small barrel, and the net weight of lime contained in such con- tainer shall by stencil or otherwise be clearly marked thereon, together with the name of the manufacturer thereof, and the name of the brand, if any, under which it is sold, and, if im- ported, the name of the country from which it is imported.