[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.7]

[Page 258-259]
 
                             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 B_Certificates of Age
 
Sec. 570.7  Documentary evidence required for issuance of a certificate 
of age.

    (a) Except as otherwise provided in Sec. Sec. 570.9 and 570.10, a 
certificate of age which shall have the effect specified in

[[Page 259]]

Sec. 570.5 shall be issued only upon application of the minor desiring 
employment or of the prospective employer to the person authorized to 
issue such certificate and only after acceptable documentary evidence of 
age has been received, examined, and approved. Such evidence shall 
consist of one of the following to be required in the order of 
preference herein designated:
    (1) A birth certificate or attested transcript thereof or a signed 
statement of the recorded date and place of birth, issued by a registrar 
of vital statistics or other officer charged with the duty of recording 
births.
    (2) A record of baptism or attested transcript thereof showing the 
date and place of birth and date and place of baptism of the minor, or a 
bona fide contemporary record of the date and place of the minor's birth 
kept in the Bible in which the records of the births in the family of 
the minor are preserved, or other documentary evidence satisfactory to 
the Administrator, such as a passport showing the age of the minor, or a 
certificate of arrival in the United States issued by the United States 
immigration office and showing the age of the minor, or a life-insurance 
policy: Provided, That such other documentary evidence has been in 
existence at least 1 year prior to the time it is offered as evidence: 
And provided further, That a school record of age or an affidavit of a 
parent or a person standing in place of a parent, or other written 
statement of age shall not be accepted except as specified in paragraph 
(a) (3) of this section;
    (3) The school record or the school-census record of the age of the 
minor, together with the sworn statement of a parent or person standing 
in place of a parent as to the age of the minor and also a certificate 
signed by a physician specifying what in his opinion is the physical age 
of the minor. Such certificate shall show the height and weight of the 
minor and other facts concerning his physical development which were 
revealed by such examination and upon which the opinion of the physician 
as to the physical age of the minor is based. If the school or school-
census record of age is not obtainable, the sworn statement of the 
parent or person standing in place of a parent as to the date of birth 
of the minor, together with a physician's certificate of age as 
hereinbefore specified, may be accepted as evidence of age.
    (b) The officer issuing a certificate of age for a minor shall 
require the evidence of age specified in paragraph (a)(1) of this 
section in preference to that specified in paragraphs (a)(2) and (3) of 
this section, and shall not accept the evidence of age permitted by 
either subsequent paragraph unless he shall receive and file evidence 
that reasonable efforts have been made to obtain the preferred evidence 
required by the preceding paragraph or paragraphs before accepting any 
subsequently named evidence: Provided, That to avoid undue delay in the 
issuance of certificates, evidence specified in paragraph (a)(2) of this 
section may be accepted, or if such evidence is not available, evidence 
specified in paragraph (a)(3) of this section may be accepted if a 
verification of birth has been requested but has not been received from 
the appropriate bureau of vital statistics.