§ 5403. — Sale of fasteners.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5403]
TITLE 15--COMMERCE AND TRADE
CHAPTER 80--FASTENERS
Sec. 5403. Sale of fasteners
(a) 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--
(1) the record of conformance for the lot of fasteners;
(2) the identification, characteristics, properties, mechanical
or performance marks, chemistry, or strength of the lot of
fasteners; or
(3) the manufacturer's insignia.
(b) 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.
(c) 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.
(d) 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.
(Pub. L. 101-592, Sec. 4, as added Pub. L. 106-34, Sec. 4(a), June 8,
1999, 113 Stat. 121.)
Prior Provisions
A prior section 5403, Pub. L. 101-592, Sec. 4, Nov. 16, 1990, 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,
Sec. 11(c), Mar. 7, 1996, 110 Stat. 780.
Effective Date
Pub. L. 106-34, Sec. 4(b), June 8, 1999, 113 Stat. 122, provided
that: ``Subsection (d) of section 4 of the Fastener Quality Act [15
U.S.C. Sec. 5403(d)], as added by subsection (a) of this section, shall
take effect 2 years after the date of the enactment of this Act [June 8,
1999].''
