15 U.S.C. § 257 — Untitled legal text

Page 645 TITLE 15—COMMERCE AND TRADE §§ 257 to 257i (Aug. 23, 1916, ch. 396, § 3, 39 Stat. 530.) § 240. Rules and regulations Rules and regulations for the enforcement of sections 237 to 242 of this title, not inconsistent with the provisions of said sections, shall be made by the Director of the National Institute of Standards and Technology and approved by the Secretary of Commerce, and such rules and regulations shall include reasonable variations or tolerances which may be allowed. (Aug. 23, 1916, ch. 396, § 4, 39 Stat. 531; 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. § 241. Penalty for selling lime in unmarked bar- rels and containers It shall be unlawful to pack, sell, or offer for sale for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, any bar- rels or other containers of lime which are not marked as provided in sections 238 and 239 of this title, or to sell, charge for, or purport to de- liver from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, as a large or small bar- rel or a fractional part of said small barrel of lime, any less weight of lime than is established by the provisions of sections 237 to 242 of this title and any person guilty of a violation of the provisions of said sections shall be deemed guilty of a misdemeanor and be liable to a fine not exceeding $100. (Aug. 23, 1916, ch. 396, § 5, 39 Stat. 531.) § 242. Duty of United States attorney to enforce law It shall be the duty of each United States at- torney, to whom satisfactory evidence of any violation of sections 237 to 242 of this title is presented, to cause appropriate proceedings to be commenced and prosecuted in the United States court having jurisdiction of such offense. (Aug. 23, 1916, ch. 396, § 6, 39 Stat. 531; June 25, 1948, ch. 646, § 1, 62 Stat. 909.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorney’’ for ‘‘district attorney’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure. SUBCHAPTER VII—STANDARD BASKETS AND CONTAINERS §§ 251 to 256. Repealed. Pub. L. 90–628, § 1(a), Oct. 22, 1968, 82 Stat. 1320 Section 251, acts Aug. 31, 1916, ch. 426, § 1, 39 Stat. 673; June 11, 1934, ch. 447, § 1, 48 Stat. 930, set standards for Climax baskets for grapes and other fruits and vegeta- bles and for mushrooms. Section 252, act Aug. 31, 1916, ch. 426, § 2, 39 Stat. 673, set standards for standard basket or container for small fruits and vegetables. Section 253, acts Aug. 31, 1916, ch. 426, § 3, 39 Stat. 674; June 11, 1934, c. 447, § 2, 48 Stat. 930, set penalties for failure to conform to standards. Section 254, act Aug. 31, 1916, ch. 426, § 4, 39 Stat. 674, provided for examinations and tests by Department of Agriculture and for promulgation of rules and regula- tions covering allowable tolerances and variations. Section 255, acts Aug. 31, 1916, ch. 426, § 5, 39 Stat. 674; June 25, 1948, ch. 646, § 1, 62 Stat. 909, made United States attorney responsible for commencing actions to enforce penalties. Section 256, act Aug. 31, 1916, ch. 426, § 6, 39 Stat. 674, covered guaranty given by manufacturers or sellers of baskets as to correctness of such containers. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 90–628, § 3, Oct. 22, 1968, 82 Stat. 1320, provided that: ‘‘This Act [repealing sections 251 to 257i of this title and amending section 1459 of this title] shall be- come effective 60 days after enactment [Oct. 22, 1968].’’ SUBCHAPTER VIII—STANDARD HAMPERS, ROUND STAVE BASKETS, AND SPLINT BASKETS FOR FRUITS AND VEGETABLES §§ 257 to 257i. Repealed. Pub. L. 90–628, § 1(b), Oct. 22, 1968, 82 Stat. 1320 Section 257, acts May 21, 1928, ch. 664, § 1, 45 Stat. 685; June 28, 1954, ch. 406, § 1, 68 Stat. 301; Aug. 30, 1964, Pub. L. 88–516, § 1, 78 Stat. 697, set dimensions for standard hampers and round stave baskets. Section 257a, acts May 21, 1928, ch. 664, § 2, 45 Stat. 685; Aug. 30, 1964, Pub. L. 88–516, § 2, 78 Stat. 697, set dimen- sions for standard splint baskets. Section 257b, act May 21, 1928, ch. 664, § 3, 45 Stat. 686, provided for promulgation of regulations allowing rea- sonable variations in hampers and baskets. Section 257c, act May 21, 1928, ch. 664, § 4, 45 Stat. 686, required approval by Secretary of Agriculture of manu- facturer’s dimension specifications for hampers and baskets. Section 257d, acts May 21, 1928, ch. 664, § 5, 45 Stat. 686; Aug. 30, 1964, Pub. L. 88–516, § 3, 78 Stat. 697, set out pen- alties for violations and covered guaranty given by manufacturers and sellers of hampers and baskets as to their correctness. Section 257e, act May 21, 1928, ch. 664, § 6, 45 Stat. 686, provided for seizure of illegal hampers and baskets, and procedure covering their condemnation. Section 257f, act May 21, 1928, ch. 664, § 7, 45 Stat. 687, allowed manufacture of hampers and baskets for for- eign sale in conformity with foreign specifications. Section 257g, acts May 21, 1928, ch. 664, § 8, 45 Stat. 687; June 25, 1948, ch. 646, § 1, 62 Stat. 909, placed upon the United States Attorney the duty to prosecute for viola- tions of sections 257 to 257i of this title. Section 257h, act May 21, 1928, ch. 664, § 9, 45 Stat. 687, provided for promulgation of regulations covering ex- aminations and tests by Secretary of Agriculture. Section 257i, act May 21, 1968, ch. 664, § 10, 45 Stat. 687, authorized Secretary of Agriculture to cooperate with Page 646 TITLE 15—COMMERCE AND TRADE § 260 other agencies in carrying out sections 257 to 257i of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 60 days after Oct. 22, 1968, see section 3 of Pub. L. 90–628, set out as a note under section 251 of this title. SUBCHAPTER IX—STANDARD TIME § 260. Congressional declaration of policy; adop- tion and observance of uniform standard of time; authority of Secretary of Transpor- tation It is the policy of the United States to pro- mote the adoption and observance of uniform time within the standard time zones prescribed by sections 261 to 264 of this title, as modified by section 265 of this title. To this end the Sec- retary of Transportation is authorized and di- rected to foster and promote widespread and uniform adoption and observance of the same standard of time within and throughout each such standard time zone. (Pub. L. 89–387, § 2, Apr. 13, 1966, 80 Stat. 107; Pub. L. 97–449, § 2(c), Jan. 12, 1983, 96 Stat. 2439.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Interstate Commerce Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 89–387, § 6, Apr. 13, 1966, 80 Stat. 108, provided that: ‘‘This Act [enacting this section and sections 260a, 266, and 267 of this title and amending sections 261 to 263 of this title] shall take effect on April 1, 1967; ex- cept that if any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any political subdivision thereof, ob- serves daylight saving time in the year 1966, such time shall advance the standard time otherwise applicable in such place by one hour and shall commence at 2 o’clock antemeridian on the last Sunday in April of the year 1966 and shall end at 2 o’clock antemeridian on the last Sunday in October of the year 1966.’’ SHORT TITLE Pub. L. 89–387, § 1, Apr. 13, 1966, 80 Stat. 107, provided: ‘‘That this Act [enacting this section and sections 260a, 266, and 267 of this title and amending sections 261 to 263 of this title] may be cited as the ‘Uniform Time Act of 1966’.’’ § 260a. Advancement of time or changeover dates (a) Duration of period; State exemption During the period commencing at 2 o’clock antemeridian on the second Sunday of March of each year and ending at 2 o’clock antemeridian on the first Sunday of November of each year, the standard time of each zone established by sections 261 to 264 of this title, as modified by section 265 of this title, shall be advanced one hour and such time as so advanced shall for the purposes of such sections 261 to 264, as so modi- fied, be the standard time of such zone during such period; however, (1) any State that lies en- tirely within one time zone may by law exempt itself from the provisions of this subsection pro- viding for the advancement of time, but only if that law provides that the entire State (includ- ing all political subdivisions thereof) shall ob- serve the standard time otherwise applicable during that period, and (2) any State with parts thereof in more than one time zone may by law exempt either the entire State as provided in (1) or may exempt the entire area of the State lying within any time zone. (b) State laws superseded It is hereby declared that it is the express in- tent of Congress by this section to supersede any and all laws of the States or political subdivi- sions thereof insofar as they may now or here- after provide for advances in time or changeover dates different from those specified in this sec- tion. (c) Violations; enforcement For any violation of the provisions of this sec- tion the Secretary of Transportation or his duly authorized agent may apply to the district court of the United States for the district in which such violation occurs for the enforcement of this section; and such court shall have jurisdiction to enforce obedience thereto by writ of injunc- tion or by other process, mandatory or other- wise, restraining against further violations of this section and enjoining obedience thereto. (Pub. L. 89–387, § 3, Apr. 13, 1966, 80 Stat. 107; Pub. L. 92–267, Mar. 30, 1972, 86 Stat. 116; Pub. L. 97–449, § 2(c), Jan. 12, 1983, 96 Stat. 2439; Pub. L. 99–359, § 2(b), July 8, 1986, 100 Stat. 764; Pub. L. 109–58, title I, § 110(a), Aug. 8, 2005, 119 Stat. 615.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58 substituted ‘‘second Sunday of March’’ for ‘‘first Sunday of April’’ and ‘‘first Sunday of November’’ for ‘‘last Sunday of Octo- ber’’. 1986—Subsec. (a). Pub. L. 99–359 substituted ‘‘first Sunday of April’’ for ‘‘last Sunday of April’’. 1983—Subsec. (c). Pub. L. 97–449 substituted ‘‘Sec- retary of Transportation or his’’ for ‘‘Interstate Com- merce Commission or its’’. 1972—Subsec. (a). Pub. L. 92–267 authorized any State with parts thereof lying in more than one time zone to exempt by law that part of such State lying within any time zone from provisions of this subsection providing for advancement of time. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–58, title I, § 110(b), Aug. 8, 2005, 119 Stat. 615, provided that: ‘‘Subsection (a) [amending this sec- tion] shall take effect 1 year after the date of enact- ment of this Act [Aug. 8, 2005] or March 1, 2007, which- ever is later.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–359, § 2(e), July 8, 1986, 100 Stat. 765, pro- vided that: ‘‘This section [amending this section and enacting provisions set out as notes below] shall take effect 60 days after the date of enactment of this Act [July 8, 1986], except that if such effective date occurs in any calendar year after March 1, this section shall take effect on the first day of the following calendar year.’’