[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.107]

[Page 312-313]
 
                             TITLE 29--LABOR
 
                        CHAPTER V--WAGE AND HOUR
                                DIVISION,
                           DEPARTMENT OF LABOR
 
PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION--Table of Contents
 
   Subpart G--General Statements of Interpretation of the Child Labor 
     Provisions of the Fair Labor Standards Act of 1938, as Amended

Sec. 570.107  ``Goods''. \10\
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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

[[Page 313]]

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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