§ 5409. Recordkeeping requirements

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.

1. 1990

   Fastener Quality Act

   Pub. L. 101–592 § 7 · 104 Stat. 2943

   Enacted · 15 U.S.C. § 5409

   Pub. L. 101–592, § 7, formerly § 10, Nov. 16, 1990, 104 Stat. 2951

   Source evidence

   Code source credit
   Pub. L. 101–592, § 7, formerly § 10, Nov. 16, 1990, 104 Stat. 2951

   Enacted provision · exact public law section
   SEC. 7. SALE OF FASTENERS SUBSEQUENT TO MANUFACTURE. (a) Domestically Produced Fasteners.— It shall be unlawful for a manufacturer to sell any shipment of fasteners (except fasteners for which the Secretary has waived the requirements of this Act pursuant to section 4) which are manufactured in the United States unless the fasteners are accompanied, at the time of delivery, by a written certificate by the manufacturer certifying that— (1) the fasteners have been manufactured according to the requirements of the applicable standards and specifications and have been inspected and tested by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6; and (2) an original laboratory testing report described in section 5(c) is on file with the manufacturer, or under such custody as may be prescribed by the Secretary, and available for inspection. (b) Fasteners of Foreign Origin.— (1) Except as provided in paragraph (2) of this subsection, it shall be unlawful— (A) for any person to sell to any importer, and (B) for any importer to purchase, any shipment of fasteners which are manufactured outside the United States unless delivery of such shipment to such importer is accompanied by a manufacturer’s certificate as described in subsection (a), an original laboratory testing report described in section 5(c), with respect to each lot from which such fasteners were taken, and any other relevant lot identification information. (2) The requirement under paragraph (1) of this subsection that the delivery of such a shipment to such importer be accompanied by an original laboratory testing report shall not apply in the case of fasteners imported into the United States— (A) as products manufactured within a nation which is party to a congressionallyapproved free trade agreement with the United States that is in effect, so long as the Secretary certifies that satisfactory arrangements have been reached by which purchasers within the United States can readily gain access to an original laboratory testing report for such fasteners; or (B) as Canadian-origin products under the United States-Canada Canada. Motor vehicles. Automobile Pact for use as original equipment in the manufacture of motor vehicles. (c) Option For Importers and Private Label Distributors.— (1) Notwithstanding section 5(a) and subsections (a) and (b) of this section, delivery of a lot, or portion of a lot, of fasteners may be made to an importer or private label distributor without the required original copy of the laboratory testing report if— (A) the manufacturer provides to the importer or private label distributor a manufacturer’s certificate certifying that the fasteners have been manufactured according to the requirements of the applicable standards and specifications; and (B) the importer or private label distributor assumes responsibility in writing for the inspection and testing of such lot or portion by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. (2) If the importer or private distributor assumes the responsibility in writing for the inspection and testing of such lot or portion, the provisions of section 5(a) and subsections (a) and (b) of this section shall apply to the importer or private label distributor in the same manner and extent as to a manufacturer; except that the importer or private label distributor shall provide to the testing laboratory the manufacturer’s certificate described under paragraph (1) of this subsection. (d) Alterations Subsequent to Manufacture.— (1) Any person who significantly alters a fastener so that such fastener no longer conforms to the description in the relevant certificate issued under section 5(c), and who thereafter offers for sale or sells such altered fastener, shall be treated as a manufacturer for purposes of this Act and shall cause such altered fastener to be inspected and tested under section 5 or this section as though it were newly manufactured, unless delivery of such fastener to the purchaser is accompanied by a written statement noting the original lot number, disclosing the subsequent alteration, and warning that such alteration may affect the dimensional or physical characteristics of the fastener. (2) Any person who knowingly sells an altered fastener and who did not alter such fastener shall provide to the purchaser a copy of the statement required by paragraph (1). (e) Commingling.— (1) Subject to paragraph (2), it shall be unlawful for any manufacturer or any person who purchases any quantity of fasteners for resale at wholesale to commingle like fasteners from different lots in the same container; except that such manufacturer or such person may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, That any container which contains like fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots. (2) Paragraph (1) does not apply to sales by original equipment manufacturers to their authorized dealers for use in assembling or servicing products produced by the original equipment manufacturers. (f) Subsequent Purchaser.— (1) It shall be unlawful for any person to sell fasteners, of any quantity, to any person who purchases such fasteners— (A) for sale at wholesale, or (B) for assembling components of a product or structure for sale, unless the container of fasteners sold is conspicously marked with the number of the lot from which such fasteners were taken, except that this requirement shall not apply to sales by original equipment manufacturers to their authorized dealers for use in assembling or servicing products produced by the original equipment manufacturer. (2) If a person who purchases fasteners for purposes other than those described in paragraph (1) (A) and (B) so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of fasteners with the lot number from which such fasteners were taken. (g) Regulations.— The Secretary may issue such regulations as may be necessary to ensure compliance with the provisions of this section.

2. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(h)(1) · 110 Stat. 775

   Substituted · 15 U.S.C. § 5409(a)

   Pub. L. 104–113, § 11(h)(1), substituted “5 years” for “10 years”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–113, § 11(h)(1), substituted “5 years” for “10 years”.

   Enacted provision · exact public law section
   (1) in subsections (a) and (b), by striking “10 years” and inserting in lieu thereof “5 years”; and

3. 1996

   National Technology Transfer and Advancement Act of 1995

   Pub. L. 104–113 § 11(h) · 110 Stat. 775

   1. Substituted · 15 U.S.C. § 5409(b)

      Pub. L. 104–113, § 11(h), substituted “5 years” for “10 years”

   2. Substituted · 15 U.S.C. § 5409(b)

      Pub. L. 104–113, § 11(h), substituted “the subsequent purchaser” for “any subsequent purchaser”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–113, § 11(h), substituted “5 years” for “10 years” and “the subsequent purchaser” for “any subsequent purchaser”.

   Enacted provision · exact public law section
   (h) Section10 Amendments.— Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is amended— (1) in subsections (a) and (b), by striking “10 years” and inserting in lieu thereof “5 years”; and (2) in subsection (b), by striking “any subsequent” and inserting in lieu thereof “the subsequent”.

4. 1999

   Pub. L. 106–34 § 7 · 113 Stat. 118

   Substituted · 15 U.S.C. § 5409

   Pub. L. 106–34 substituted present provisions for former provisions which consisted of subsecs. (a) and (b) relating to retention and availability of records concerning inspections, testing, and certifications of fasteners under section 5404 of this title by laboratories, manufacturers, importers, private label distributors and persons who make significant alterations

   Source evidence

   Code amendment note
   Pub. L. 106–34 substituted present provisions for former provisions which consisted of subsecs. (a) and (b) relating to retention and availability of records concerning inspections, testing, and certifications of fasteners under section 5404 of this title by laboratories, manufacturers, importers, private label distributors and persons who make significant alterations.

   Enacted provision · exact public law section
   SEC. 7. RECORDKEEPING REQUIREMENTS. Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is redesignated as section 7 and is amended by striking subsections (a) and (b) and inserting the following: “Manufacturers and importers shall retain the record of Exports and imports. conformance for fasteners for 5 years, on paper or in photographic or electronic format in a manner that allows for verification of authenticity. Upon request of a distributor who has purchased a fastener, or a person who has purchased a fastener for use in the production of a commercial product, the manufacturer or importer of the fastener shall make available information in the record of conformance to the requester.”.

5 of 5 references resolved to an enrolled provision