rules and regulations allowing such reasonable tolerances and variations as may be found necessary. (Aug. 31, 1916, ch. 426, § 4, 39 Stat. 674.)

§ 255. Duties of district attorney.-It shall be the duty of each district attorney to whom satisfactory evidence of any violation of this subdivision of this chapter is presented to cause appropriate proceedings to be commenced and prosecuted in the proper court of the United States for the enforcement of the penalties as in such case provided in said subdivision. (Aug. 31, 1916, ch. 426, § 5, 39 Stat. 674.)

§ 256. Guaranty of manufacturer of baskets or containers as defined. No dealer shall be prosecuted under the provisions of this subchapter when he can establish a guaranty signed by the manufacturer, wholesaler, jobber, or other party residing within the United States from whom such Climax baskets, baskets, or other containers, as defined in said subchapter, were purchased, to the effect that said Climax baskets, baskets, or other containers are correct within the meaning of said subchapter. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of Climax baskets, baskets, or other containers to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this subchapter. (Aug. 31, 1916, ch. 426, § 6, 39 Stat. 674.)

STANDARD HAMPERS, ROUND STAVE BASKETS, AND SPLINT BASKETS FOR FRUITS AND VEGETABLES

§ 257. Standard hampers and round stave baskets.-The standard hampers and round stave baskets for fruits and vegetables shall be of the following capacities: One-eighth bushel, onefourth bushel, one-half bushel, five-eighths bushel, three-fourths bushel, one bushel, one-and-one-fourth bushels, one--and-one-half bushels, and two bushels, which, respectively, shall be of the cubic content set forth in this section. For the purposes of this subchapter a bushel, standard dry measure, has a capacity of two thousand one hundred and fifty and forty-two one-hundredths cubic inches.

(a) The standard one-eighth-bushel hamper or round stave basket shall contain two hundred and sixty-eight and eighttenths cubic inches.

(b) The standard one-fourth-bushel hamper or round stave basket shall contain five hundred and thirty-seven and six-tenths cubic inches.

(c) The standard one-half-bushel hamper or round stave basket shall contain one thousand and seventy-five and twenty-one one-hundredths cubic inches.

(cc) The standard five-eighths-bushel hamper or round stave basket shall contain one thousand three hundred and forty-four cubic inches.

(d) The standard three-fourths-bushel hamper or round stave basket shall contain one thousand six hundred and twelve and eight-tenths cubic inches.

(e) The standard one-bushel hamper or round stave basket shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic inches.

(f) The standard one-and-one-fourth-bushel hamper or round stave basket shall contain two thousand six hundred and eightyeight cubic inches.

(g) The standard one-and-one-half-bushel hamper or round stave basket shall contain three thousand two hundred and twenty-five and sixty-three one-hundredths cubic inches.

(h) The standard two-bushel hamper or round stave basket shall contain four thousand three hundred and eighty-four onehundredths cubic inches. (May 21, 1928, ch. 664, § 1, 45 Stat. 685.)

§ 257a. Standard splint baskets. The standard splint baskets for fruits and vegetables shall be the four-quart basket, eightquart basket, twelve-quart basket, sixteen-quart basket, twentyfour quart basket, and thirty-two quart basket, standard dry measure. For the purposes of this subchapter a quart standard dry measure has a capacity of sixty-seven and two-tenths cubic inches.

(a) The four-quart splint basket shall contain two hundred and sixty-eight and eight-tenths cubic inches.

(b) The eight-quart splint basket shall contain five hundred and thirty-seven and six-tenths cubic inches.

(c) The twelve-quart splint basket shall contain eight hundred and six and four-tenths cubic inches.

(d) The sixteen-quart splint basket shall contain one thousand and seventy-five and twenty-one one-hundredths cubic inches.

(e) The twenty-four quart splint basket shall contain one thousand six hundred and twelve and eight-tenths cubic inches. (f) The thirty-two quart splint basket shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic inches. (May 21, 1928, ch. 664, § 2, 45 Stat. 685.)

§ 257b. Regulations to provide for reasonable variations in hampers and baskets; covers so attached as not to reduce capacity. The Secretary of Agriculture shall in his regulations under this subchapter prescribe such tolerances as he may find necessary to allow in the capacities for hampers, round stave baskets, and splint baskets set forth in sections 257 and 257a of this title in order to provide for reasonable variations occurring in the course of manufacturing and handling. If a cover be used upon any hamper or basket mentioned in this subchapter, it shall be securely fastened or attached in such a manner, subject to the regulations of the Secretary of Agriculture, as not to reduce the capacity of such hamper or basket below that prescribed therefor. (May 21, 1928, ch. 664, § 3, 45 Stat. 686.)

§ 257c. Approval of manufacturers' dimension specifications by Secretary of Agriculture.-No manufacturer shall manufacture hampers, round stave baskets, or splint baskets for fruits and vegetables unless the dimenion specifications for such hampers, round stave baskets, or splint baskets shall have been submitted to and approved by the Secretary of Agriculture, who is hereby directed to approve such specifications if he finds that hampers,

round stave baskets, or splint baskets for fruits and vegetables made in accordance therewith would not be deceptive in appearance and would comply with the provisions of sections 257 and 247a of this title. (May 21, 1928, ch. 664 § 4, 45 Stat. 686.)

§ 257d. Violations; what constitutes; punishment; guaranty against prosecution. It shall be unlawful to manufacture for sale or shipment, to offer for sale, to sell, to offer for shipment, or to ship, hampers, round stave baskets, or splint baskets for fruits or vegetables, either filled or unfilled, or parts of such hampers, round stave baskets, or splint baskets that do not comply with this subchapter: Provided, That this subchapter shall not apply to Climax baskets, berry boxes, and till baskets which comply with the provisions of sections 251-256 of this title, and the regulations thereunder. Any individual, partnership, association, or corporation that violates this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding $500: Provided further, That no person shall be prosecuted under the provisions of this subchapter when he can establish a guaranty signed by the manufacturer, wholesaler, shipper, or other party residing within the United States from whom the hampers, round stave baskets, or splint baskets, as defined in this subchapter, were purchased, to the effect that said hampers, round stave baskets, or splint baskets are correct, within the meaning of this subchapter. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of the hampers, round stave baskets, or splint baskets to such person, and in such case such party or parties making such sale shall be amenable to the prosecution, fines, and other penalties which would attach in due course under the provisions of this subchapter to the person who made the purchase. (May 21, 1928, ch. 664, § 5, 45 Stat. 686.)

§ 257e. Seizure of illegal hampers and baskets; condemnation; procedure.-Any hamper, round stave basket, or splint basket for fruit or vegetables, whether filled or unfilled, or parts of such hampers, round stave baskets, or splint baskets not complying with this subchapter, which shall be manufactured for sale or shipment, offered for sale, sold, or shipped, may be proceeded against in any district court of the United States within the district where the same shall be found and may be seized for confiscation by a process of libel for condemnation. Upon request the person entitled shall be permitted to retain or take possession of the contents of such hampers or baskets, but in the absence of such request, or when the perishable nature of such contents makes such action immediately necessary, the same shall be disposed of by destruction or sale, as the court or a judge thereof may direct. If such hampers, round stave baskets, splint baskets, or parts thereof be found in such proceeding to be contrary to this subchapter, the same shall be disposed of by destruction, except that the court may by order direct that such hampers, baskets, or parts thereof be returned to the owner thereof or sold upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to

the effect that such hampers, baskets, or parts thereof shall not be sold or used contrary to law. The proceeds of any sale under this section, less legal costs and charges, shall be paid over to the person entitled thereto. The proceedings in such seizure cases shall conform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue or fact joined in such case, and all such proceedings shall be at the suit and in the name of the United States. (May 21, 1928, ch. 664, § 6, 45 Stat. 686.)

§ 257f. Hampers and baskets for foreign countries; conformity to foreign specifications; banana hampers.-This subchapter shall not prohibit the manufacture for sale or shipment, offer for sale, sale, or shipment of hampers, round stave baskets, splint baskets, or parts thereof, to any foreign country in accordance with the specifications of a foreign consignee or customer not contrary to the law of such foreign country; nor shall this subchapter prevent the manufacture or use of banana hampers of the shape and character now in commercial use as shipping containers for bananas. (May 21, 1928, ch. 664, § 7, 45 Stat. 687.)

§ 257g. Duty of United States district attorneys to prosecute. It shall be the duty of each United States district attorney to whom satisfactory evidence of any violation of this subchapter is presented to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States in his district for the enforcement of the provisions of this subchapter. (May 21, 1928, ch. 664, § 8, 45 Stat. 687.)

§ 257h. Regulations by Secretary of Agriculture; examination and tests. The Secretary of Agriculture shall prescribe such regulations as he may find necessary for carrying into effect the provisions of this subchapter, and shall cause such examinations and tests to be made as may be necessary in order to determine whether hampers, round stave baskets, and splint baskets, or parts thereof, subject to this subchapter, meet its requirements, and may take samples of such hampers, baskets, or parts thereof, the cost of which samples, upon request, shall be paid to the person entitled. (May 21, 1928, ch. 664, § 9, 45 Stat. 687.)

§ 2571. Carrying out purposes of statute; authority of Secretary of Agriculture; cooperation with other agencies; employment of persons and means; payment of expenses; appropriations. For carrying out the purposes of this subchapter the Secretary of Agriculture is authorized to cooperate with State, county and municipal authorities, manufacturers, dealers, and shippers, to employ such persons and means, and to pay such expenses, including rent, printing publications, and the purchase of supplies and equipment in the District of Columbia and elsewhere, as he shall find to be necessary, and there are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for such purpopes. (May 21, 1928, ch. 664, § 10, 45 Stat. 687.)

FEDERAL CAUSTIC POISON ACT

§ 401. Citation. This chapter may be cited as the Federal Caustic Poison Act. (Mar. 4, 1927, eh. 489, § 1, 44 Stat. 1406.)

§ 402. Definitions.-As used in this chapter, unless the context otherwise requires—

(a) The term "dangerous caustic or corrosive substance"

means:

(1) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 per centum or more;

(2) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO1) in a concentration of 10 per centum or more;

(3) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO,) in a concentration of 5 per centum or more;

(4) Carbolic acid (C,H,OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of 5 per centum or more;

(5) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O,) in a concentration of 10 per centum or more;

(6) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 per centum or more;

(7) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H,O) in a concentration of 20 per centum or more;

(8) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 per centum or more by weight of available chlorine, excluding calx chlorinata, bleaching power, and chloride of lime;

(9) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 per centum or more;

(10) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 per centum or more;

(11) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO,) in a concentration of 5 per centum or more; and

(12) Ammonia water and any preparation containing free or chemically uncombined ammonia (NH,), including ammonium hydroxide and "hartshorn", in a concentration of 5 per centum

or more.

(b) The term "misbranded parcel, package, or container" means a retail parcel, package, or container of any dangerous caustic or corrosive substance not bearing a conspicuous, easily legible label or sticker, containing

(1) The common name of the substance;

(2) The name and place of business of the manufacturer, packer, seller, or distributor;

(3) The word "poison", running parallel with the main body of reading matter on the label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic