§ 1197. — Guaranties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1197]
TITLE 15--COMMERCE AND TRADE
CHAPTER 25--FLAMMABLE FABRICS
Sec. 1197. Guaranties
(a) Defense to prosecution
No person shall be subject to prosecution under section 1196 of this
title for a violation of section 1192 of this title if such person (1)
establishes a guaranty received in good faith signed by and containing
the name and address of the person by whom the product, fabric, or
related material guaranteed was manufactured or from whom it was
received, to the effect that reasonable and representative tests made in
accordance with standards issued or amended under the provisions of
section 1193 of this title show that the fabric or related material
covered by the guaranty, or used in the product covered by the guaranty,
conforms with applicable flammability standards issued or amended under
the provisions of section 1193 of this title, and (2) has not, by
further processing, affected the flammability of the fabric, related
material, or product covered by the guaranty which he received. Such
guaranty shall be either (1) a separate guaranty specifically
designating the product, fabric, or related material guaranteed, in
which case it may be on the invoice or other paper relating to such
product, fabric, or related material; (2) a continuing guaranty given by
seller to buyer applicable to any product, fabric, or related material
sold or to be sold to buyer by seller in a form as the Commission by
rules and regulations may prescribe; or (3) a continuing guaranty filed
with the Commission applicable to any product, fabric, or related
material handled by a guarantor, in such form as the Commission by rules
or regulations may prescribe.
(b) False guaranty
It shall be unlawful for any person to furnish, with respect to any
product, fabric, or related material, a false guaranty (except a person
relying upon a guaranty to the same effect received in good faith signed
by and containing the name and address of the person by whom the
product, fabric, or related material guaranteed was manufactured or from
whom it was received) with reason to believe the product, fabric, or
related material falsely guaranteed may be introduced, sold, or
transported in commerce, and any person who violates the provisions of
this subsection is guilty of an unfair method of competition, and an
unfair or deceptive act or practice, in commerce within the meaning of
the Federal Trade Commission Act [15 U.S.C. 41 et seq.].
(June 30, 1953, ch. 164, Sec. 8, 67 Stat. 114; Pub. L. 90-189, Sec. 6,
Dec. 14, 1967, 81 Stat. 572.)
References in Text
The Federal Trade Commission Act, referred to in subsec. (b), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this title.
For complete classification of this Act to the Code, see section 58 of
this title and Tables.
Amendments
1967--Subsec. (a). Pub. L. 90-189 substituted ``product, fabric, or
related material'' for ``wearing apparel or fabric'' wherever appearing
and ``in accordance with standards issued or amended under the
provisions of section 1193 of this title show that the fabric or related
material covered by the guaranty, or used in the product covered by the
guaranty, conforms with applicable flammability standards issued or
amended under the provisions of section 1193 of this title'' for ``under
the procedures provided in section 1193 of this title show that the
fabric covered by the guaranty, or used in the wearing apparel covered
by the guaranty, is not, under the provisions of section 1193 of this
title, so highly flammable as to be dangerous when worn by
individuals'', added cl. (2), and redesignated former cl. (2) as (3).
Subsec. (b). Pub. L. 90-189 substituted ``product, fabric, or
related material'' for ``wearing apparel or fabric'' wherever appearing.
Transfer of Functions
Functions of Secretary of Health, Education, and Welfare, Secretary
of Commerce, and Federal Trade Commission under this chapter transferred
to Consumer Product Safety Commission, along with functions of Federal
Trade Commission under Federal Trade Commission Act, to extent such
functions relate to administration and enforcement of this chapter, see
section 2079 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1194, 1196 of this title.
