PRINTER'S NO. 2070
No. 1682 Session of 2001
INTRODUCED BY ROHRER, ARMSTRONG, BASTIAN, CLARK, CLYMER,
CREIGHTON, FORCIER, GABIG, LEH, METCALFE, NICKOL, SCHRODER,
SEMMEL, E. Z. TAYLOR, WILT, YOUNGBLOOD AND ZIMMERMAN,
JUNE 4, 2001
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 4, 2001
AN ACT
1 Amending the act of May 18, 1937 (P.L.665, No.176), entitled "An
2 act relating to the performance of industrial work in homes;
3 regulating, and in certain cases prohibiting, industrial
4 homework; imposing duties, restrictions and liabilities on
5 industrial home-workers and on persons, partnerships,
6 associations and corporations, directly or indirectly
7 furnishing materials and articles to home-workers for
8 manufacture or work thereon; requiring permits and home-
9 workers' certificates and prescribing the fees therefor;
10 conferring powers and imposing duties on the Department of
11 Labor and Industry; and prescribing penalties," further
12 providing for legislative purpose, for definitions, for
13 prohibited homework, for power to prohibit, for employers'
14 permit, for injunction against continued violations, for
15 fees, for homeworker's certificate, for records, for
16 conditions of manufacture, for labels, for duty to inspect
17 and report and for violations and penalties.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Sections 1 and 3 of the act of May 18, 1937
21 (P.L.665, No.176), known as the Industrial Homework Law, amended
22 November 24, 1976 (P.L.1196, No.263), are amended to read:
23 Section 1. Legislative Purpose.--This State has long
24 recognized that employment of men, women and children under
1 conditions detrimental to health and general welfare results in
2 injury, not only to the workers immediately affected, but also
3 to the public interest as a whole. This recognition has produced
4 a broad program of regulatory legislation to conserve the public
5 welfare. The continuance of an unregulated industrial homework
6 system in this State runs counter to that program since it is
7 usually accompanied by excessively low wages, long and irregular
8 hours, and unsanitary or otherwise inadequate working quarters.
9 [In enacting this act, the Legislature stated that industrial
10 homework was harmful to society as a whole, to the industrial
11 homework work force, and to workers in factory industries forced
12 to compete against the lower wages and less salutary working
13 conditions characteristic of industrial homework. The
14 Legislature concluded that "industrial homework must eventually
15 be abolished." It is the aim of this act to achieve that goal,
16 and eliminate the pernicious influence of industrial homework on
17 the people of this State, by abolishing industrial homework
18 except when it is engaged in by certain types of individuals
19 unable to leave their homes to work, as hereinafter specified.]
20 The Legislature recognizes that industrial homework must be
21 regulated in order to prevent potential abuses of such work
22 situations and recognizes that industrial homework should not be
23 available to the work force as a whole. However, the Legislature
24 recognizes that industrial homework opportunities can benefit
25 society as a whole when they are made available to segments of
26 this State's work force for whom normal work situations pose an
27 undue hardship. It is the aim of this act to permit certain
28 individuals to participate in industrial homework and improve
29 their economic security.
30 Section 3. Definitions.--The following words, terms and
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1 phrases, when used in this act, shall have the meanings ascribed
2 to them in this section, except where the context clearly
3 indicates a different meaning.
4 (a) "Contractor." Any person who for the account or benefit
5 of an employer[, representative contractor or other person,]
6 distributes to a home-worker [, or any other person], not
7 recruited or engaged by such employer, [representative
8 contractor, or other person,] articles or materials to be
9 manufactured in a home, and thereafter to be returned to him or
10 otherwise disposed of in accordance with his directions.
11 (b) "Department." The Department of Labor and Industry of
12 this Commonwealth.
13 (c) "Employer." Any person who for his own account or
14 benefit, directly or indirectly, or through an employe[, agent,
15 independent contractor, or any other person] or contractor.
16 (1) Delivers, or causes to be delivered to another person,
17 any articles or materials to be manufactured in a home and
18 thereafter to be returned to him, not for the personal use of
19 himself or of a member of his family, or thereafter to be
20 disposed of otherwise in accordance with his directions, or
21 (2) Sells to another person, any materials or articles for
22 the purpose of having such articles or materials manufactured in
23 a home and of then rebuying such materials or articles after
24 such manufacture, either by himself, or by someone designated by
25 him.
26 (c.1) "Family." The spouse and children of a home-worker,
27 and the mother, father, grandmother, and grandfather of a home-
28 worker and his spouse.
29 (d) "Home." Any room, house, apartment, or other premises,
30 whichever is most extensively used, in whole or in part, as a
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1 place of dwelling, and including outbuildings upon premises that
2 are primarily used as a place of dwelling, where such
3 outbuildings are under the control of the person dwelling on
4 such premises.
5 (e) "Home-worker." Any person engaged in manufacturing in a
6 home, articles or materials for an employer[, a representative
7 contractor,] or a contractor.
8 (f) "Industrial Homework." Any manufacture in a home of
9 articles[,] or materials for an employer[, a representative
10 contractor,] or a contractor.
11 (g) "Manufacture." To prepare, alter, repair, finish, or
12 process, in whole or in part, or handle in any way connected
13 with the production, wrapping, packaging, or preparation for
14 display of an article or materials.
15 (h) "Person." An individual, partnership, firm, association,
16 domestic or foreign corporation, the legal representatives of a
17 deceased individual, or the receiver, trustee, or successor of
18 an individual, partnership, association, or corporation.
19 [(i) "Representative Contractor." Any person who receives
20 from an employer, or contractor not within the State, articles
21 or materials to be distributed by him to any home-worker, or
22 other person, not recruited or engaged by such employer or
23 contractor, to be manufactured in a home, and thereafter to be
24 returned to him, or otherwise disposed of, in accordance with
25 his directions.]
26 The singular shall include the plural, and the masculine
27 shall include the feminine and neuter.
28 Section 2. Sections 4 and 5 of the act are amended to read:
29 Section 4. Prohibited Homework.--It shall be unlawful to
30 manufacture in a home for an employer[,] or contractor[, or
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1 representative contractor,] any of the following articles, or to
2 perform in a home, for such persons, any of the following work,
3 and no permit issued under this act shall be deemed to authorize
4 such manufacture or the performance of any such work:--
5 (a) Articles of food or drink.
6 (b) Articles for use in connection with the serving of food
7 or drink.
8 [(c) Toys and dolls.]
9 (d) Tobacco.
10 (e) Drugs and poisons.
11 (f) Bandages and other sanitary goods.
12 (g) Explosives, fireworks, and articles of like character.
13 [(h) The tearing or sewing of rags: Provided, That the word
14 "rags" shall not be deemed to apply to new remnants, clippings,
15 or salvages which are the by-products of manufacturing
16 processes.]
17 (i) Articles, the processing of which requires exposure to
18 substances determined by the department to be hazardous to the
19 health or safety of persons so exposed.
20 Section 5. Power to Prohibit.--(a) The department shall
21 have the power, upon its own initiative, to make an
22 investigation of that portion or branch of any industry which
23 employs home-workers, in order to determine:
24 (1) Whether the wages and conditions of employment are
25 injurious to the health and welfare of home-workers in such
26 portion or branch; or
27 (2) Whether the wages and conditions of employment
28 prevailing in such portion or branch have the effect of
29 rendering unduly difficult the maintenance of existing labor
30 standards, or the observance and enforcement of labor standards
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1 established by law, or regulation for the industry of which such
2 portion or branch is a part, thus jeopardizing wages or working
3 conditions of the factory workers in such industry.
4 (b) If, [on the basis of information in its possession, with
5 or without an investigation] after investigation and hearing as
6 provided in [this] section 6, the department shall find that
7 industrial homework cannot be continued within any industry
8 without injuring the health and welfare of the home-workers
9 within that industry, or without rendering unduly difficult the
10 maintenance of existing labor standards or the observance and
11 enforcement of labor standards established by law for the
12 protection of the factory workers in that industry, the
13 department shall, by order, require all employers[,
14 representative contractors,] or contractors in such industry to
15 discontinue the furnishing within this Commonwealth of articles
16 or materials for industrial homework, and no permit issued under
17 this act shall be deemed thereafter to authorize the furnishing
18 of articles, or materials for industrial homework prohibited by
19 such order.
20 [(c) All power machines used in conduct of industrial
21 homework shall be guarded in accordance with the laws and
22 regulations of the Department of Labor and Industry.]
23 Section 3. Section 7 of the act, amended November 24, 1976
24 (P.L.1196, No.263), is amended to read:
25 Section 7. Permit Required by Employers [and Representative
26 Contractors].--Every employer [and every representative
27 contractor] within this Commonwealth must procure from the
28 department an employer's permit. Application for such permit
29 shall be made on a form prescribed by the department. Such
30 permit shall be in writing, dated when issued, and signed by the
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1 Secretary of Labor and Industry, or his duly authorized
2 representative. It shall give the name and address of the person
3 to whom it is issued and shall designate and limit the acts that
4 are permitted. Such permit shall be valid for a period of one
5 year from the date of its issuance, unless sooner revoked.
6 Section 4. Section 8 of the act, repealed in part April 28,
7 1978 (P.L.202, No.53), is amended to read:
8 Section 8. Injunction against Continued Violations.--
9 Whenever any employer [or representative contractor] has twice
10 been found guilty of conducting his business without an
11 employer's permit, the department may apply to the court for an
12 injunction, and such court shall upon such application issue an
13 injunction to restrain such employer [or representative
14 contractor] from further violating the provisions of this act.
15 Section 5. Sections 10, 11, 12, 13, 14 and 16.1 of the act,
16 amended or added November 24, 1976 (P.L.1196, No.263), are
17 amended to read:
18 Section 10. Fees.--(a) A fee of five hundred dollars
19 ($500.00) shall be paid to the department for the original
20 issuance of an employer's permit.
21 (b) For each annual renewal of such permit, the employer [or
22 representative contractor] shall pay to the department a fee
23 of--
24 (1) One hundred dollars ($100.00), where at no time during
25 the preceding year did the employer, [or representative
26 contractor,] directly or indirectly, have business relations
27 simultaneously with more than one hundred home-workers.
28 (2) Two hundred dollars ($200.00), where at any time during
29 the preceding year the employer, [or representative contractor,]
30 directly or indirectly, had business relations simultaneously
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1 with more than one hundred, but less than three hundred home-
2 workers.
3 (3) Three hundred dollars ($300.00), where at any time
4 during the preceding year the employer, [or representative
5 contractor,] directly or indirectly, had business relations
6 simultaneously with three hundred or more home-workers.
7 (c) A fee of three hundred dollars ($300.00) shall be paid
8 to the department for the issuance of a contractor's permit. For
9 each annual renewal of such permit, the contractor shall pay to
10 the department a fee of one hundred dollars ($100.00).
11 (d) No fee shall be required for the original issuance of an
12 employer's[, representative contractor's] or contractor's permit
13 nor renewal thereof for employment of handicapped people where
14 the department finds:
15 (1) That a person is unable to adjust to factory employment
16 because of old age or physical or mental deficiency or
17 disability or is unable to leave home because his services are
18 essential to care for an invalid in the home;
19 (2) That the employer and home-worker comply with all
20 requirements and conditions of this act and all rules and
21 regulations of the department;
22 (3) That such limited distribution of work to handicapped
23 persons is not inconsistent with the purpose and policy of this
24 act.
25 Section 11. Home-Worker's Certificate.--(a) Every person
26 desiring to engage in industrial homework within this
27 Commonwealth must procure from the department a home-worker's
28 certificate, which shall be issued without cost and which shall
29 be valid for a period of one year from the date of its issuance,
30 unless sooner revoked or suspended by action of the department
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1 or, under subsection (f) of this section, automatically.
2 Application for such certificate shall be made in such form as
3 the department may by regulation prescribe and must be remade
4 each year. Such certificate shall be valid only for work
5 performed by the applicant himself in his own home, and in
6 accordance with the provisions of this act.
7 (b) No home-worker's certificate shall be issued:--
8 (1) To any person under the age of sixteen years; or
9 (2) To any person known to be suffering from an infectious,
10 contagious, or communicable disease, or known to be living in a
11 home that is not clean, sanitary and free from infectious,
12 contagious, or communicable diseases.
13 [(3) To any person, unless that person]
14 (b.1) The department shall issue a home-worker's certificate
15 to the following individuals who meet eligibility requirements:
16 (1) A person who is unable to leave his home to work on
17 account of:
18 (i) his own physical handicap, if that handicap has lasted
19 for more than thirty consecutive days; or
20 (ii) his own illness, if that illness has lasted for more
21 than thirty consecutive days; or
22 (iii) the necessity of caring for a member of his family who
23 is ill or handicapped, if that illness and/or handicap and
24 necessity has lasted for more than thirty consecutive days.
25 (2) A parent who is caring for one or more minor children.
26 (3) An individual for whom transportation to normal
27 employment cannot be obtained or constitutes an unreasonable
28 burden.
29 (4) Members of a family household primarily engaged in
30 farming.
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1 (5) Any individual who possesses a unique situation for
2 which the department believes the issuance of a certificate is
3 consistent with the intent of this act.
4 (c) It shall be the duty of each applicant for a home-
5 worker's certificate to prove his eligibility for a certificate
6 [by presenting evidence of handicap or illness of himself or
7 illness or handicap of a family member sufficient to prove to
8 the department that he qualifies for a home-worker's certificate
9 under one of the exceptions set forth in subsection (b)(3) of
10 this section]. The department shall be empowered to require any
11 applicant for a home-worker's certificate, or any family member
12 of any applicant for a home-worker's certificate upon whose
13 illness an applicant is relying in order to obtain a
14 certificate, to submit to a medical examination by a physician
15 of the department's choosing in order to aid the department in
16 making a decision on whether or not to issue a certificate, the
17 examination to be conducted at the expense of the department.
18 (d) Whenever a physical examination by a physician is
19 necessary, in order for a person to qualify for or to retain a
20 home-worker's certificate, if the person is working, or has been
21 promised work on the condition that he obtain a home-worker's
22 certificate, it shall be the duty of the employer[,
23 representative contractor,] or contractor for which the person
24 is working or by which the person has been promised work[,] to
25 pay the cost of the physical examination.
26 (e) Every certificate shall contain [the following
27 information, in addition to] any information which the
28 department [shall,] deems necessary, which shall be established
29 by regulation.[, require:
30 (1) The home-worker's
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1 (i) name,
2 (ii) address,
3 (iii) sex,
4 (iv) Social Security number,
5 (v) date of birth,
6 (vi) height,
7 (vii) weight,
8 (viii) eye color,
9 (ix) hair color; and
10 (2) The expiration date of the certificate; and
11 (3) The basis of the home-worker's eligibility for a
12 certificate, as set forth in subsection (b)(3) above.]
13 (f) Upon the termination of the [handicap, illness, or
14 necessity of caring for a family member who is ill or
15 handicapped] situation which has qualified a person for a home-
16 worker's certificate under subsection [(b)(3)] (b.1) of this
17 section, that person's certificate shall automatically be
18 revoked.
19 (g) The department may revoke, or suspend any home-worker's
20 certificate if it finds that the holder is performing industrial
21 homework contrary to the conditions under which the certificate
22 was issued, or to any provision of this act, or has permitted
23 any person not holding a valid home-worker's certificate to
24 assist him in performing his industrial homework or has obtained
25 the certificate through fraud or misrepresentation.
26 (h) The department shall keep records of the applications
27 made and certificates issued under this section, and of all
28 information contained thereon.
29 [(i) Notwithstanding any provisions of this act to the
30 contrary, a special home-worker's certificate may be issued to a
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1 person who does not qualify for a certificate under subsections
2 (b)(3) and (c) if the person meets the other qualifications of
3 subsection (b) and if the person has been employed fulltime for
4 a period of at least six months in the manufacture of shoes, and
5 is unable to continue his factory employment, if the following
6 conditions are met:
7 (1) The special certificate holder may perform homework only
8 for an employer which operates a factory in which shoes are
9 manufactured, and which does not have more than five percent of
10 its employes engaged in the manufacture of shoes in industrial
11 homework.
12 (2) The homework performed by the special certificate holder
13 must be part of the manufacturing process of shoes.
14 (3) The special certificate holder must be paid the same
15 wages and receive the same benefits as the employer pays or
16 affords to employes in its factory who perform similar work.
17 (4) The employer must deliver and pick up all the materials
18 used in or produced by homework at the home of the special
19 certificate holder without charge to the home-worker.
20 (5) All machinery, equipment, and materials used in the
21 manufacture of goods by the special certificate holder must be
22 supplied to the special certificate holder and maintained by the
23 employer without charge to the home-worker.
24 A certificate issued under authority of this subsection shall bear
25 a mark indicating that it permits its holder to engage in
26 homework only in the shoe manufacturing industry. The provisions
27 of this act shall govern the issuance and use of a special home-
28 worker's certificate insofar as they do not conflict with this
29 subsection. The use of a special home-worker's certificate in
30 violation of this act shall automatically revoke the
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1 certificate.
2 (j) Notwithstanding any provisions of this act to the
3 contrary, a special home-worker's certificate may be issued to a
4 person who does not qualify for a certificate under subsections
5 (b)(3) and (c) if the person meets the other qualifications of
6 subsection (b), has been employed fulltime for a period of at
7 least one month in the manufacture of brushes, is unable to
8 continue his factory employment, and if the following conditions
9 are met:
10 (1) The special certificate holder performs homework only
11 for an employer operating a factory in which brushes are
12 manufactured who does not have more than thirty per cent of its
13 employes engaged in the manufacture of brushes in industrial
14 homework.
15 (2) The homework performed by the special certificate holder
16 is part of the process of manufacturing brushes.
17 (3) The employer delivers and picks up all the materials
18 used in or produced by homework at the home of the special
19 certificate holder without charge to the home-worker.
20 (4) All machinery, equipment, and materials used in the
21 manufacture of goods by the special certificate holder is
22 supplied to the special certificate holder and maintained by the
23 employer without charge to the home-worker.
24 A certificate issued pursuant to this subsection shall bear a
25 mark indicating that it permits its holder to engage in homework
26 only in the brush manufacturing industry. The provisions of this
27 act shall govern the issuance and use of a special home-worker's
28 certificate insofar as they do not conflict with this
29 subsection. The use of a special home-worker's certificate in
30 violation of this act shall automatically revoke the
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1 certificate.]
2 Section 12. Records to Be Kept.--[No person] Persons having
3 an employer's or a contractor's permit shall [deliver, or cause
4 to be delivered, or received, any articles or materials for or
5 as a result of industrial homework, unless he shall keep in such
6 form and forward to the department at such intervals, as it may
7 by regulation prescribe, and on such blanks as it may provide, a
8 complete and accurate record of all persons engaged in
9 industrial homework on articles or materials furnished or
10 distributed by him; of all places where such persons work; of
11 all articles or materials furnished and distributed to such
12 persons, described as the department may require; of all goods
13 which such persons have manufactured; of the net cash wages
14 received by each home-worker; of the Social Security number and
15 certificate number of each home-worker; and of all contractors
16 to whom he has furnished articles or materials to be
17 manufactured for him in any home.] maintain records as required
18 through regulation by the department. Records kept pursuant to
19 this section shall be open, at all times, to inspection by the
20 department.
21 Section 13. Conditions of Manufacture.--Industrial homework
22 on articles or materials manufactured for any person to whom an
23 employer's permit has been issued shall be performed:--
24 (a) Only by a person possessing a valid home-worker's
25 certificate.
26 (b) Only by persons over the age of sixteen years.
27 (c) Only by persons resident in the home in which the work
28 is done.
29 (d) Only during such hours as may be fixed by law or
30 regulation as permissible hours of labor in factories by persons
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1 of the same age and sex as the home-worker; and
2 (e) Only in a home that is clean and sanitary and free from
3 any infectious, contagious, or communicable disease.
4 [(f) Only by persons who are incapable of leaving their
5 homes to work because of one of the reasons stated in section
6 11(b) (3).]
7 (g) Only with power machines which are guarded in accordance
8 with the laws and regulations of the department.
9 Upon the issuance of an employer's permit to an employer[, or
10 representative contractor,] or a contractor's permit to a
11 contractor, such employer[, representative contractor,] or
12 contractor[,] shall be deemed to have accepted responsibility
13 for the observance of the conditions of manufacture specified by
14 this section; and each of such conditions shall be deemed to be
15 a condition of the employer's or contractor's permit to the same
16 extent as though it were expressly set forth therein.
17 Section 14. Labels Required.--(a) No employer[, or
18 representative contractor,] or contractor[,] shall deliver, or
19 cause to be delivered, any articles or materials to be
20 manufactured by any home-worker, unless there has been
21 conspicuously affixed to each article or material a label, or
22 other mark of identification, bearing the employer's or
23 [representative] contractor's name and address, printed or
24 written legibly in English; but if the articles or materials are
25 of such a nature that they cannot be individually so labeled or
26 identified, then the employer or [representative] contractor
27 shall conspicuously label, in like manner, the package, or other
28 container in which such articles or materials are delivered, or
29 are to be kept, while in the possession of the home-worker.
30 (b) Every article manufactured in whole or in part by
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1 industrial homework which is offered for sale, wholesale and
2 retail, shall bear a conspicuous label stating in clearly
3 legible type that it has been manufactured by industrial
4 homework. It shall be the duty of the department to prescribe
5 regulations concerning the nature and placement of labels on
6 such articles.
7 Section 16.1. Duty to Inspect and Report.--It shall be the
8 duty of every employer[, representative contractor] and
9 contractor, at least once each month, or more frequently, if he
10 has reasonable cause to believe that a home-worker is not in
11 compliance with section 11 or section 13:
12 (1) To inspect the home of every home-worker to which it
13 delivers goods to the extent required to determine whether the
14 provisions of section 13 are being complied with; [and]
15 (2) To inspect the certificate of every home-worker to which
16 it delivers goods to the extent required to determine whether
17 the certificate is valid and whether the holder of the
18 certificate possesses the physical characteristics stated on the
19 certificate in compliance with section 11; and
20 (3) To report to the department within twenty-four hours
21 after discovery, the name and address of any home-worker whom it
22 reasonably believes[, on the basis of the performance of the
23 duties imposed by subsections (a) and (b) of this section,] to
24 be performing or seeking to perform homework in violation of
25 this act.
26 Section 6. Section 17.1 of the act, added November 24, 1976
27 (P.L.1196, No.263) and repealed in part April 28, 1978 (P.L.202,
28 No.53), is amended to read:
29 Section 17.1. Violations and Penalties.--(a) It shall be a
30 summary offense[, punishable by a fine of one thousand dollars
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1 ($1,000.00) or imprisonment for up to sixty days, or both]:
2 (1) For any person to obtain or attempt to obtain an
3 employer's or a contractor's permit required by section 7 or
4 section 9 through fraud or misrepresentation[; or].
5 (2) For any person to deliver or cause to be delivered, to
6 any person, any articles or materials for manufacture by
7 industrial homework, prohibited by section 4 or by the
8 department under authority of section 5[; or].
9 (3) For any person to deliver or cause to be delivered, to
10 any person, any articles or materials for manufacture by
11 industrial homework, if the person delivering or causing the
12 delivery does not have in his possession a valid appropriate
13 permit required by section 7 or section 9[; or].
14 (4) For any person to deliver or cause to be delivered, to
15 any person, any articles or materials for manufacturing by
16 industrial homework, if the person to whom the articles or
17 materials are delivered does not possess a home-worker's
18 certificate which is valid or which, after performance of the
19 inspection required by section 16, a person could reasonably
20 believe to be valid[; or].
21 (5) For any person to fail to keep records or make a report
22 as required by section 12, or refuse to grant access to such
23 records as required by section 12, or to keep records or make a
24 report required by section 12 inaccurately, if the inaccuracy is
25 due to fraud, misrepresentation, or reckless disregard for
26 accuracy[; or].
27 (6) For any person to fail to perform any duty imposed by
28 section 16[; or].
29 (7) For an employer[, representative contractor,] or
30 contractor to obtain or aid any person to obtain a home-worker's
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1 certificate, if he knows or has reason to know that the person
2 does not meet the qualifications of a home-worker set forth in
3 section 11[; or].
4 (8) For any person to sell or to possess with intent to
5 sell, any articles manufactured in violation of any provision of
6 this act, or any manufactured articles which have not been
7 labeled as required by section 14(b), if the person knows or
8 should have known that the articles were manufactured by
9 industrial homework and are not labeled as required by this act.
10 (9) For any person to make a deduction from the wages of
11 salary of any home-worker prohibited by section 8.
12 (b) It shall be a summary offense[, punishable by a fine of
13 five hundred dollars ($500.00) or imprisonment for up to thirty
14 days, or both,] for any person to deliver or cause to be
15 delivered, to any person, any articles or materials for
16 manufacture by industrial homework which are not labeled in the
17 manner prescribed by section 14(a).
18 (c) It shall be a [summary offense, punishable by a fine of
19 five thousand dollars ($5,000.00) or imprisonment for between
20 sixty and ninety days, or both,] misdemeanor of the third degree
21 for any person to commit a second violation of this act within
22 five years from the date of his conviction for violation of this
23 act.
24 (d) If a person convicted under this section is a
25 corporation, the president and any other officer of the
26 corporation empowered to supervise the action of the corporation
27 found to be violative of this act shall be subject to the
28 penalties of imprisonment provided for by this section.
29 (f) Upon learning of the conviction of any person for
30 violation of this act, it shall be the duty of the Secretary of
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1 Labor and Industry, or his authorized representative, to revoke
2 any permit which the convicted person may hold. The department
3 shall not issue any permit authorized by this act to any such
4 person, or his successor in interest, for a period of five years
5 after the revocation of the permit becomes final. If a person
6 convicted under this act did not have a valid permit at the time
7 of his conviction, the department shall not issue any permit
8 authorized by this act to any such person, or his successor in
9 interest, for a period of five years after the person's
10 conviction becomes final. In its performance of the duties
11 imposed on it by this subsection, the department shall afford
12 the convicted person due process of law.
13 (g) When delivery or causing delivering of any articles or
14 materials for manufacture by industrial homework is an element
15 of an offense under this section, and more than one delivery
16 violative of this act is made to the same individual home-worker
17 within one calendar week, those deliveries shall constitute only
18 one offense under this act. In such a case the person making or
19 causing the delivery shall be found guilty of that portion of
20 the act which he has violated which carries the most onerous
21 penalty. Deliveries during each calendar week to different
22 individuals shall constitute separate offenses.
23 Section 7. This act shall take effect in 60 days.
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