§ 5407. — Manufacturers' insignias.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5407]
TITLE 15--COMMERCE AND TRADE
CHAPTER 80--FASTENERS
Sec. 5407. Manufacturers' insignias
(a) General rule
Unless the specifications provide otherwise, fasteners that are
required by the applicable consensus standard or standards to bear an
insignia identifying their manufacturer shall not be offered for sale or
sold in commerce unless--
(1) the fasteners bear such insignia; and
(2) the manufacturer has complied with the insignia recordation
requirements established under subsection (b) of this section.
(b) Recordation
The Secretary shall establish, by regulation, a program to provide
for the recordation of the insignias of manufacturers described in
subsection (a) of this section.
(Pub. L. 101-592, Sec. 5, formerly Sec. 8, Nov. 16, 1990, 104 Stat.
2950; renumbered Sec. 5 and amended Pub. L. 106-34, Sec. 5, June 8,
1999, 113 Stat. 122.)
Prior Provisions
A prior section 5 of Pub. L. 101-592 was classified to section 5404
of this title, prior to repeal by Pub. L. 106-34.
Amendments
1999--Subsec. (a). Pub. L. 106-34, Sec. 5(1), reenacted subsec.
heading without change and amended text generally. Prior to amendment,
text read as follows: ``No fastener which is required by the standards
and specifications to which it was manufactured to bear a raised or
depressed insignia identifying its manufacturer or private label
distributor shall be offered for sale or sold in commerce unless the
manufacturer or private label distributor of such fastener has complied
with the requirements prescribed by the Secretary in connection with the
program established under subsection (b) of this section.''
Subsec. (b). Pub. L. 106-34, Sec. 5(2), substituted ``described in
subsection (a) of this section'' for ``and private label distributors
described in subsection (a) of this section, to ensure the traceability
of a fastener to its manufacturer or private label distributor''.