18 U.S.C. § 1762

Marking packages

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(a) All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, when shipped or transported in interstate or foreign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and location of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package.(b) Whoever violates this section shall be fined under this title, and any goods, wares, or merchandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law.(June 25, 1948, ch. 645, 62 Stat. 786; Pub. L. 102–393, title V, § 535(b), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(7), Oct. 11, 1996, 110 Stat. 3498.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 396c, 396d, 396e (July 24, 1935, ch. 412, §§ 2, 3, 4, 49 Stat. 494, 495).

Section consolidates sections 396c, 396d, and 396e of title 18, U.S.C., 1940 ed.

Words “upon conviction thereof” were deleted as unnecessary, since punishment cannot be imposed until after conviction.

Words “transported in violation of this section or section 1761” were added after the word “merchandise” to continue existing law.

The provisions of said section 396e of title 18, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 3237 of this title.

Minor changes were made in translations and phraseology.

Editorial NotesAmendments

1996—Subsec. (b). Pub. L. 104–294 substituted “fined under this title” for “fined not more than $50,000”.

1994—Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $1,000”, could not be executed because the phrase “not more than $1,000” did not appear in text subsequent to amendment of subsec. (b) by Pub. L. 102–393. See 1992 Amendment note below.

1992—Subsec. (b). Pub. L. 102–393 substituted “$50,000” for “$1,000”.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1977–2022 · leading case: Robert Wentworth, on Behalf of Himself and All Others So Confined v. Herman Solem, Acting Warden, South Dakota State Pen

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Robert Wentworth, on Behalf of Himself and All Others So Confined v. Herman Solem, Acting Warden, South Dakota State Pen (1977) ca8 · cites it 2× “§ 1761 ; 1 that the defendants had failed to clearly mark the goods so transported as being manufactured by convicts, in violation of 18 U.S.C. § 1762 ; 2 and *775 that the defendants had violated the Fair Labor Standards Act, 29 U.”

McKinney v. United States Department of the Treasury (1985) cit “§ 1761 (a); (2) goods made with convict or prisoner labor must be labeled as such, 18 U.S.C. § 1762 (1982); (3) the Secretary, the ITC, and the CIA found that there is insufficient information to determine that these products were produced by forced labor; 36 and (4) prosecution…”

Daniel Heleva v. Faith Walter (2022) ca3 “However, in his “brief,” treated as a document in support of appeal, Heleva indicates that he “never claimed his cause of action had anything to do with Title 18 USC § 1762 [sic] or any other criminal acts.”

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