(a) After the expiration of one hundred and twenty days from June
25, 1938, it shall be unlawful for any person -
(1) to transport, offer for transportation, ship, deliver, or
sell in commerce, or to ship, deliver, or sell with knowledge
that shipment or delivery or sale thereof in commerce is
intended, any goods in the production of which any employee was
employed in violation of section 206 or section 207 of this
title, or in violation of any regulation or order of the
Secretary issued under section 214 of this title; except that no
provision of this chapter shall impose any liability upon any
common carrier for the transportation in commerce in the regular
course of its business of any goods not produced by such common
carrier, and no provision of this chapter shall excuse any common
carrier from its obligation to accept any goods for
transportation; and except that any such transportation, offer,
shipment, delivery, or sale of such goods by a purchaser who
acquired them in good faith in reliance on written assurance from
the producer that the goods were produced in compliance with the
requirements of this chapter, and who acquired such goods for
value without notice of any such violation, shall not be deemed
unlawful;
(2) to violate any of the provisions of section 206 or section
207 of this title, or any of the provisions of any regulation or
order of the Secretary issued under section 214 of this title;
(3) to discharge or in any other manner discriminate against
any employee because such employee has filed any complaint or
instituted or caused to be instituted any proceeding under or
related to this chapter, or has testified or is about to testify
in any such proceeding, or has served or is about to serve on an
industry committee;
(4) to violate any of the provisions of section 212 of this
title;
(5) to violate any of the provisions of section 211(c) of this
title, or any regulation or order made or continued in effect
under the provisions of section 211(d) of this title, or to make
any statement, report, or record filed or kept pursuant to the
provisions of such section or of any regulation or order
thereunder, knowing such statement, report, or record to be false
in a material respect.
(b) For the purposes of subsection (a)(1) of this section proof
that any employee was employed in any place of employment where
goods shipped or sold in commerce were produced, within ninety days
prior to the removal of the goods from such place of employment,
shall be prima facie evidence that such employee was engaged in the
production of such goods.
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