CONTENTS Statement of— Barden, Hon. Graham A., a Representative in Congress from the Baucom, C. D., State superintendent of weights and measures, De- Campbell, Hon. Courtney W., a Representative in Congress from the Capel, William, Mount Gilead, N. C. Carey, L. C., head, Standard Container Section, Regulatory Branch, Deane, Hon. Charles B., a Representative in Congress from the Page 21 53 37 41 5 35 Ervin, Hon. Sam J., a United States Senator from the State of North Farrell, F. D., mar ager, sales department, Taylor Chemical Co., Fraser, Samuel A., executive vice president, International Apple Association, 1302 18th Street NW., Washington, D. C.. Kerlin, W. A., sealer of weights and measures, Alameda County, 333 King, Hon.Karl, a Representative in Congress from the State of Pennsylvania. Ramsey, Raymond G., package research and promotional engineer, Richter, Moses, Richter & Cochran, Inc., Mount Gilead, N. C. Voges, Alvin A., secretary-manager, American Veneer Package Association, Inc., Orlando, Fla. 9 46 Letters and telegrams: Ashmore, Hon. Robert T., a Representative in Congress from the State of South Carolina_. 54 Astin, Hon. A. V., Director, National Bureau of Standards, Department of Commerce. 27 Bost, John, Bost Orchards, Candor, N. C. 34 Bussey, W. S., secretary, National Conference on Weights and Measures, United States Department of Commerce, National Bureau of Standards, Washington, D. C.. 21 Chapel, Bill, Tuckahoe Peach Farm, Candor, N. C. 35 Chappel, S. Robert, Sandy Ridge Orchard, Candor, N. C.. 34 Ewing, D. C., Jr., Ewing Orchard, Candor, N. C 34 Gallimore, D. P., Gallimore Orchards, Candor, N. C.. 34 34 McBride, John P., director of standards, the Commonwealth of Massa chusetts, Office of Director of Standards, room 194, State House, AMENDING THE STANDARD CONTAINER ACT (%-Bushel Basket Bill) THURSDAY, MAY 20, 1954 UNITED STATES SENATE, SUBCOMMITTEE No. 6 ON BUSINESS AND CONSUMER INTERESTS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The subcommittee met at 2:30 p. m., pursuant to call, in room F-41 in the Capitol, Senator William A. Purtell (chairman of the subcommittee) presiding. Present: Senator Purtell. Also present: Robert D. L'Heureaux, counsel; Edward Jarrett, assistant chief clerk. Senator PURTELL. The hearing of the subcommittee will come to order. Without objection, a copy of S. 3151 and H. R. 8357, as passed by the House, will be inserted in the record of the hearing at this point. (H. R. 8357 is as follows:) [S. 3151, 83d Cong., 2d sess.] A BILL To amend the Standard Container Act of May 21, 1928 (45 Stat. 685; 15 U. S. C. 257-2571), to provide for a three-eighths basket for fruits and vegetables Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to fix standards for hampers, round-stave baskets, and splint-baskets for fruits and vegetables, and for other purposes", approved May 21, 1928, is amended by (1) inserting after "one-fourth bushel" and before "one-half bushel", the words "three-eighths bushel", and (2) by inserting after subparagraph (b) an additional subparagraph (bb) reading as follows: "(bb) The standard three-eighths bushel hamper or round-stave basket shall contain eight hundred six and four-tenths cubic inches." SEC. 2. This Act shall take effect immediately after the date of its enactment. [H. R. 8357, 83d Cong., 2d sess.] AN ACT To amend the Standard Container Act of May 21, 1928 (45 Stat. 685; 15 U. S. C. 257-2571), to provide for a three-eighths basket for fruits and vegetables Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to fix standards for hampers, round-stave baskets, and splint-baskets for fruits and vegetables, and for other purposes", approved May 21, 1928, is amended by (1) inserting after "one-fourth bushel" and before "one-half bushel", the words "three-eighths bushel", and (2) by inserting after subparagraph (b) an additional subparagraph (bb) reading as follows: ** (bb) The standard three-eighths bushel hamper or round-stave basket shall contain eight hundred and six and four-tenths cubic inches." SEC. 2. This Act shall take effect immediately after the date of its enactment. LYLE O. SNADER, Clerk. Senator PURTELL. S. 3151, introduced by the late Senator Hoey, is a companion bill. Senator Hoey, before his death, expressed a desire that we act upon the House version of the bill, in order to expedite passage of this measure. I have a letter from Mr. Jack Spain, Senator Hoey's administrative assistant, which I shall read at this time. MY DEAR SENATOR: I have just received notice that your subcommittee will hold a hearing at 2:30 p. m., Thursday, May 20, in room F-41 of the Capitol on the above-identified bill. Senator Hoey had stated to me before his death that he intended to appear in person in support of his bill. Since his death I had planned to attend but since the hearing comes on the same date as the State Democratic Convention I will not be able to attend the hearing and I am writing this letter expressing the views that Senator Hoey had discussed with me. Senator Hoey had received many requests from fruit growers in our State and the growers of beans and other vegetables requesting that he introduce a bill to amend the Standard Container Act of May 21, 1928, to provide for a three-eighths basket for fruit and vegetables, as this was the only division of the bushel measurement not included in the original act. He had received information from the chairman of the committee that the Secretary of Agriculture and the Bureau of the Budget had no objection to the passage of this bill. This information is a part of the original file. Senator Hoey was notified prior to his death of the passage of the companion bill in the House introduced by Congressman Barden, and it was his desire that the committee adopt the House bill without amendments in order to expedite passage due to the fate that fruitgrowers are nearly ready to harvest their crop in North Carolina. With best wishes, I am Sincerely yours, JACK SPAIN, Administrative Assistant. This bill would amend the Standard Container Act of May 21, 1928. This law fixes the standard sizes of hampers, round-stave baskets and splint or market baskets for fruits and vegetables. With respect to hampers, or round-stave baskets, the law provides for 9 standard sizes of the following capacities: / bushel, 4 bushel, 2 bushel, 5% bushel, 34 bushel, 1 bushel, 14 bushels, 112 bushels, and 2 bushels. With respect to the splint or market baskets the law provides for 6 standard sizes of the following capacities: 4 quarts, 8 quarts, 16 quarts, 24 quarts, and 32 quarts, standard dry measure. The law prohibits the manufacture, sale, or shipment of hampers, round-stave baskets, or splint baskets for fruits and vegetables of capacities other than those specified by the law. This bill would merely provide for 1 additional sized basket, namely, the 3-bushel capacity, in the hamper or round-stave basket style. As I have stated, the law already provides for the 12-quart splint or market basket which is equivalent to the 3-bushel capacity. This bill would, therefore, authorize a somewhat different shaped basket from the splint basket but of a capacity identical to the 12-quart splint basket. This bill has passed the House. There was some objection to it based primarily upon the legislative approach. A few members would have preferred to have delegated authority to the Secretary of Agriculture to set whatever sizes he found proper. I understand that the Secretary of Agriculture wants Congress to set this measure. There was a constitutional question raised as to the power to delegate this power to the Secretary of Agriculture. Some mention was made of the possibility of deception, but the Federal agencies do not believe this size basket would tend to deceive. We have samples of baskets here in the hearing room and we will hear from the Department of Agriculture and the Post Office Depart ment. The Department of Commerce stated it had no objection to this measure in the House hearings and it made the same statement to our committee when commenting upon S. 3151. Without objection, the reports of the Comptroller General, the Justice Department, the Secretary of Commerce, and the Department of Agriculture upon this measure will be made part of the record at this point. (Reports from Comptroller General, Department of Justice, Secretary of Commerce, and the Department of Agriculture are as follows:) Hon. JOHN W. BRICKER, COMPTROLLER GENERAL OF THE UNITED STATES, Chairman, Committee on Interstate and Foreign Commerce, United States Senate. MY DEAR MR. CHAIRMAN: I have your letter of March 18, 1954, enclosing a copy of S. 3151, 83d Congress, entitled "A bill to amend the Standard Container Act of May 21, 1928 (45 Stat. 685; 15 U. S. C. 257-2571), to provide for a threeeights basket for fruits and vegetables," and inviting any comments I may care to offer concerning the proposed legislation. An identical bill, H. R. 8357, 83d Congress, is presently before the House Committee on Interstate and Foreign Commerce. The General Accounting Office has no information as to the need for or desirability of this measure and, therefore, I have no recommendation to make. As requested, this letter is forwarded in triplicate. Sincerely yours, LINDSAY C. WARREN, Comptroller General of the United States. MARCH 26, 1954. Hon. JOHN W. BRICKER, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR: This is in response to your request for the comments of this Department concerning the bill (S. 3151), to amend the Standard Container Act of May 21, 1928 (45 Stat. 685; 15 U. S. C. 257–257i), to provide for a three-eighths basket for fruits and vegetables. Since the subject matter of this bill is not related to any of the activities of the Department of Justice, we would prefer not to offer any comment concerning it. Sincerely, WILLIAM P. ROGERS, Deputy Attorney General. THE SECRETARY OF COMMERCE, Washington 25, D. C. April 28, 1954. Hon. JOHN W. BRICKER, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: This letter is in reply to your request of March 18, 1954, for the views of this Department with respect to S. 3151, a bill to amend the Standard Container Act of May 21, 1928 (45 Stat. 685; 15 U. S. C. 257-2571), to provide for a three-eighths basket for fruits and vegetables. |