Title 15 — Commerce and Trade
Chapter 80 — Fasteners
§ 5403. Sale of fasteners
Statutory text
General rule
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.
Representations
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.
Specifications
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.
Use of accredited laboratories
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Fastener Quality Act
Pub. L. 101–592 § 4 · 104 Stat. 2943
Enacted · 15 U.S.C. § 5403
(Pub. L. 101–592, § 4, as added Pub. L. 106–34, § 4(a), June 8, 1999, 113 Stat. 121.)
Source evidence
Code source credit
(Pub. L. 101–592, § 4, as added Pub. L. 106–34, § 4(a), June 8, 1999, 113 Stat. 121.)Enacted provision · exact public law section
SEC. 4. SPECIAL RULES FOR FASTENERS. (a) Waiver Requirement.— If the Secretary determines that any category of fastener is not used in critical applications, the Secretary shall waive the requirements of this Act with respect to such category. (b) Additional Items.— If the Secretary determines that— (1) a category of screw, nut, bolt, or stud which is not described in section 3(5)(A)(i) or (B), (2) a category of item which is associated with a fastener described in section 3(5)(A), (B), or (C), or (3) a category of item which serves a function comparable to that served by a fastener so described is used in critical applications, the Secretary may include such category under section 3(5)(D) and therefore within the definition of fasteners under this Act. (c) Notice and Opportunity for Comments.— The Secretary shall provide advance notice and the opportunity for public comments prior to making any determination under subsections (a) and (b) and shall act through the Director in making any such determination.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 5403, Pub. L. 101–592, § 4, , 104 Stat. 2945, set out special rule under which Secretary could waive requirements of this chapter on determination that category of fasteners was not used in critical applications, but that Secretary could also determine in given case that fastener was used in critical applications and was governed accordingly, prior to repeal by Pub. L. 104–113, § 11(c), , 110 Stat. 780.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 106–34, § 4(b), , 113 Stat. 122, provided that: “Subsection (d) of section 4 of the Fastener Quality Act [15 U.S.C. § 5403(d)], as added by subsection (a) of this section, shall take effect 2 years after the date of the enactment of this Act [].”
Credits
(Pub. L. 101–592, § 4, as added Pub. L. 106–34, § 4(a), , 113 Stat. 121.)