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Home , Passementerie

§ 530.1 29 CFR Ch. V (7–1–11 Edition)

SOURCE: 24 FR 729, Feb. 3, 1959, unless oth- mesh, and parts for use in the manufac- erwise noted. ture of any of the articles included in this definition. Jewelry as used in this Subpart A—General part does not include pocket knives, cigar cutters, badges, emblems, mili- § 530.1 Definitions. tary and naval insignia, belt , (a) The meaning of the terms person, and handbag and pocketbook frames employ, employer, employee, goods, and clasps, or commercial compacts and production, as used in this part, is and vanity cases, except when made the same as in the Fair Labor Stand- from or embellished with precious met- ards Act of 1938, as amended. als or precious, semiprecious, synthetic (b) Administrator as used in this part or imitation stones, or the assaying, means the Administrator of the Wage refining, and smelting of base or pre- and Hour Division, Employment Stand- cious metals. ards Administration, U.S. Department (ii) The term parts as used in para- of Labor, or an authorized representa- graph (e)(1)(i) of this section does not tive of the Administrator. include parts which are used predomi- (c) Industrial homeworker and nantly for products other than jewelry, homeworker, as used in this part, mean such as springs, blades, and nail files. any employee employed or suffered or The term commercial compacts and van- permitted to perform industrial home- ity cases as used means compacts and work for an employer. vanity cases which bear the trade name (d) Industrial homework, as used in or mark of a cosmetic manufacturer this part, means the production by any and are made for the purpose of distrib- person in or about a home, apartment, uting or advertising said cosmetics. tenement, or room in a residential es- (2) The manufacturing, cutting, tablishment of goods for an employer polishing, encrusting, engraving, and who suffers or permits such production, setting of precious, semiprecious, syn- regardless of the source (whether ob- thetic, and imitation stones. tained from an employer or elsewhere) (3) The manufacturing, drilling, and of the materials used by the stringing of pearls, imitation pearls, homeworker in such production. and beads designed for use in the man- (e) The women’s apparel industry is ufacture of jewelry. defined as follows: The production of (4) The term hand-fashioned jewelry as women’s, misses’ and juniors’ dresses, used in § 530.12(b) means articles of jew- washable service garments, blouses, elry commonly known as genuine Nav- and neckwear from woven or purchased ajo, Pueblo, Hopi, or Zuni handmade knit fabric; women’s, misses’, chil- jewelry which in all elements of design, dren’s and infants’ underwear, night- fashioning and ornamentation are wear, and negligees from woven fabrics; handmade by methods and with the corsets and other body supporting gar- help of only such devices as permit the ments from any material; other gar- maker to determine the shape and de- ments similar to the foregoing; and in- sign of each individual product: Pro- fants; and children’s outerwear. vided, That silver used in the making of (f) The jewelry manufacturing indus- such jewelry shall be of at least nine try is defined as follows: hundred fineness, and that turquoise (1)(i) The manufacturing, processing, and other stones used shall be genuine or assembling, wholly or partially from stones, uncolored and untreated by ar- any material, of jewelry, commonly or tificial means: And provided further, commercially so known. Jewelry as That power machinery is permitted in used herein includes without limita- the production of findings, in the - tion, religious, school, college, and fra- ting and polishing of stones, in the ternal insignia; articles of ornament or buffing and polishing of completed adornment designed to be worn on ap- products, and in incidental functions. parel or carried on or about the person, Equipment specifically prohibited shall including, without limitation, cigar include hand presses, foot presses, drop and cigarette cases, holders, and light- hammers, and similar equipment: And ers; watch cases; metal mesh bags and provided further, That solder may be of metal watch bracelets; and chain, less silver content than nine hundred;

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And provided further, That findings may or combination of materials, except be mechanically made of any metal by athletic gloves and mittens. Indians or others: And provided further, (i) The and manufac- That turquoise and other stones may turing industry is defined as follows: be cut and polished by Indians or oth- The manufacture of , buckles, ers without restrictions as to methods and slides, and the manufacture of or equipment used. blanks and parts for such articles from (g) The knitted outerwear industry is any material except metal, for use on defined as follows: The from apparel. any or mixture of and the (j) The handkerchief manufacturing further manufacturing, or other industry is defined as follows: The finishing of knitted garments, knitted manufacture of men’s, women’s and garment sections, or knitted garment children’s handkerchiefs, plain or orna- accessories for use as external apparel mented, from any materials. or covering which are partially or com- (k) The industry is de- pletely manufactured in the same es- fined as follows: The production of all tablishment as that where the knitting kinds of hand and machine-made process is performed; and the manufac- embroideries and ornamental ture of bathing suits from any pur- stitchings, including but not by way of chased fabric: Provided, That the manu- limitation, tucking , smocking, facturing, dyeing or other finishing of hemstitching, hand rolling, fagoting, the following shall not be included: Bonnez , appliqueing, cro- (1) Knitted fabric, as distinguished chet beading, hand drawing, machine from garment sections or garments, for drawing, rhinestone trimming, sequin sale as such. trimming, spangle trimming, eyelets, (2) Fulled suitings, coatings, passementerie, pleating, the applica- topcoatings, and overcoatings. tion of rhinestones and nailheads, (3) Garments or garment accessories stamping and perforating of designs, made from purchased fabric, except Schifli embroidery and , burnt-out bathing suits. laces and velvets, Swiss handmachine (4) Gloves or mittens. embroidery, splitting, embroi- (5) Hosiery. dery thread cutting, scallop cutting, (6) Knitted garments or garment ac- cutting, lace making-up, making- cessories for use as underwear, sleeping up of embroidered yard goods, straight wear, or negligees. cutting of embroidery and cutting out (7) Fleece-lined garments made from of embroidery, embroidery trimmings, knitted fabric containing cotton only bindings (not made in establish- or containing any mixture of cotton ments), pipings and emblems: Provided, and not more than 25 percent, by That (1) the foregoing when produced weight, of wool or animal other or performed by a manufacturer of a than . garment, fabric or other article for use (8) Knitted shirts of cotton or any on such garment, fabric or other arti- synthetic fiber or any mixture of such cle, and (2) the manufacture of covered which have been knit on machin- buttons and buckles, shall not be in- ery of 10-cut or fine: Provided, That this cluded. exception shall not be construed to ex- (l) As used throughout this part the clude from the knitted outerwear in- terms ‘‘Secretary’’ or ‘‘Secretary of dustry and the manufacturing, dyeing, Labor’’ shall mean the Secretary of or other finishing of knitted shirts Labor, U.S. Department of Labor, or made in the same establishment as his or her designee. that where the knitting process is per- [24 FR 729, Feb. 3, 1959, as amended at 46 FR formed, if such shirts are made wholly 50349, Oct. 9, 1981; 49 FR 22036, May 24, 1984; or in part of fibers other than those 53 FR 45722, Nov. 10, 1988; 61 FR 19986, May 3, specified in this clause, or if such 1996] shirts of any fiber are knit on machin- ery coarser than 10-cut. § 530.2 Restriction of homework. (h) The gloves and mittens industry Except as provided in subpart B of is defined as follows: The production of this part, no work in the industries de- gloves and mittens from any material fined in paragraphs (e) through (k) of

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