tive
November 1, 1917.

The effect of the act will be to require the use of the standards in
manufacturing, sale, or shipment for all interstate commerce, whether
the containers are filled or unfilled. A large part of the traffic in
fruits and vegetables in this country enters interstate commerce. The
law relates only to the containers and will not affect local regulations
in regard to heaped measure or other method of filling. A special
exemption from the operations of the law is made for all containers
manufactured, sold, or shipped, when intended for export to foreign
countries, and when such containers accord with the specifications of
the foreign purchasers, or comply with the laws of the country to which
the shipment is destined.

Standards of three capacities are fixed for Climax baskets--2, 4 and 12
quarts, dry measure. These containers, often known as "grape baskets,"
have relatively narrow, flat bottoms, rounded at each end, and thin
sides flaring slightly from the perpendicular. The handle is hooped over
at the middle from side to side. In addition to fixing the capacities of
these standard baskets of this type, the law also prescribes their
dimensions.

The other standards are for "baskets or other containers for small
fruits, berries, and vegetables." They are to have capacities only of
one-half pint, 1 pint, 1 quart, or multiples of 1 quart, dry measure.
Such containers may be of any shape so long as their capacities
accurately accord with the standard requirements.

The examination and test of containers to determine whether they comply
with the provisions of the act are made duties of the department, and
the Secretary of Agriculture is empowered to establish and promulgate
rules and regulations allowing such reasonable tolerances and variations
as may be found necessary.

Penalties are provided by the act for the manufacture for shipment, sale
for shipment, or shipment in interstate commerce of Climax baskets, and
containers for small fruits, berries, and vegetables, not in accord with
the standards. It is provided, however:

That no dealer shall be prosecuted under the provisions of this act 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 this act,
were purchased, to the effect that said Climax baskets, baskets, or
other containers are corre