15 U.S.C. § 5403 — Sale of fasteners
submitted 27 years ago by Pub. L. 101-592 to r/title-15-COMMERCE-AND-TRADE · 219 words · no verdicts yet
This section prohibits a fastener manufacturer or distributor from knowingly falsifying specified information or a manufacturer’s insignia. It also limits what a reference to a consensus standard represents and requires accredited-laboratory testing in certain cases.
(a) General rule. A manufacturer or distributor must not, in connection with selling or offering fasteners from one lot, knowingly misrepresent or falsify (1) the lot’s record of conformance; (2) the lot’s identification, characteristics, properties, mechanical or performance marks, chemistry, or strength; or (3) the manufacturer’s insignia.
(b) Representations. Referring directly or indirectly to a consensus standard to say that a fastener meets particular requirements does not by itself represent that it meets every requirement of that standard.
(c) Specifications. Referring directly or indirectly in a contract to a consensus standard to identify particular requirements that serve as specifications does not by itself require the fastener to meet every requirement of that standard.
(d) Accredited laboratories. If fasteners are made solely to one or more consensus standards, any end-of-line testing required by those standards to verify that the lot matches its required grade marking must be performed by an accredited laboratory.
It shall be unlawful for a manufacturer or distributor, in conjunction with the sale or offer for sale of fasteners from a single lot, to knowingly misrepresent or falsify—
the record of conformance for the lot of fasteners;
the identification, characteristics, properties, mechanical or performance marks, chemistry, or strength of the lot of fasteners; or
the manufacturer’s insignia.
A direct or indirect reference to a consensus standard to represent that a fastener conforms to particular requirements of the consensus standard shall not be construed as a representation that the fastener meets all the requirements of the consensus standard.
A direct or indirect contractual reference to a consensus standard for the purpose of identifying particular requirements of the consensus standard that serve as specifications shall not be construed to require that the fastener meet all the requirements of the consensus standard.
In the case of fasteners manufactured solely to a consensus standard or standards, end-of-line testing required by the consensus standard or standards, if any, for the purpose of verifying that a lot of fasteners conforms with the grade identification marking called for in the consensus standard or standards to which the lot of fasteners has been manufactured shall be conducted by an accredited laboratory.
Source credit: (Pub. L. 101–592, § 4, as added Pub. L. 106–34, § 4(a), June 8, 1999, 113 Stat. 121.)
- 1999Enacted · Pub. L. 101-592 · 113 Stat. 121
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-592 on 1999-06-08.
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