-CITE-

15 USC CHAPTER 80 - FASTENERS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

.

-HEAD-

CHAPTER 80 - FASTENERS

-MISC1-

Sec.

5401. Findings.

5402. Definitions.

5403. Sale of fasteners.

(a) General rule.

(b) Representations.

(c) Specifications.

(d) Use of accredited laboratories.

5404 to 5406. Repealed.

5407. Manufacturers' insignias.

(a) General rule.

(b) Recordation.

5408. Remedies and penalties.

(a) Civil remedies.

(b) Civil penalties.

(c) Criminal penalties.

(d) Enforcement.

5409. Recordkeeping requirements.

5410. Relationship to State laws.

5411. Construction.

5411a. Certification and accreditation.

(a) Certification.

(b) Accreditation.

(c) Laboratory accreditation.

(d) Approval of accreditation bodies.

(e) Affirmation.

5411b. Applicability.

5412 to 5414. Repealed.

-CITE-

15 USC Sec. 5401 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5401. Findings

-STATUTE-

The Congress finds that -

(1) the United States fastener industry is a significant

contributor to the global economy, employing thousands of workers

in hundreds of communities;

(2) the American economy uses billions of fasteners each year;

(3) state-of-the-art manufacturing and improved quality

assurance systems have dramatically improved fastener quality, so

virtually all fasteners sold in commerce meet or exceed the

consensus standards for the uses to which they are applied;

(4) a small number of mismarked, misrepresented, and

counterfeit fasteners do enter commerce in the United States; and

(5) multiple criteria for the identification of fasteners

exist, including grade identification markings and manufacturer's

insignia, to enable purchasers and users of fasteners to

accurately evaluate the characteristics of individual fasteners.

-SOURCE-

(Pub. L. 101-592, Sec. 2, Nov. 16, 1990, 104 Stat. 2943; Pub. L.

104-113, Sec. 11(a), Mar. 7, 1996, 110 Stat. 780; Pub. L. 106-34,

Sec. 2, June 8, 1999, 113 Stat. 118.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-34 amended section generally. Prior to

amendment, section consisted of subsecs. (a) and (b) stating

findings of Congress and purpose of this chapter.

1996 - Subsec. (a)(4) to (6). Pub. L. 104-113, Sec. 11(a)(1),

redesignated pars. (5) to (7) as (4) to (6), respectively, and

struck out former par. (4) which read as follows: ''the sale in

commerce of nonconforming fasteners and the use of nonconforming

fasteners in numerous critical applications have reduced the combat

readiness of the Nation's military forces, endangered the safety of

other Federal projects and activities, and cost both the public and

private sectors large sums in connection with the retesting and

purging of fastener inventories;''.

Subsec. (a)(7). Pub. L. 104-113, Sec. 11(a)(2), struck out ''by

lot number'' after ''traceability''.

Pub. L. 104-113, Sec. 11(a)(1), redesignated par. (8) as (7).

Former par. (7) redesignated (6).

Subsec. (a)(8), (9). Pub. L. 104-113, Sec. 11(a)(1), redesignated

par. (9) as (8). Former par. (8) redesignated (7).

Subsec. (b). Pub. L. 104-113, Sec. 11(a)(3), substituted ''in

commerce'' for ''used in critical applications''.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-34, Sec. 1, June 8, 1999, 113 Stat. 118, provided

that: ''This Act (enacting sections 5403, 5411a, and 5411b of this

title, amending this section and sections 5402 and 5407 to 5411 of

this title, repealing sections 5404 to 5406, 5412, and 5414 of this

title, and enacting provisions set out as notes under sections 5402

and 5403 of this title) may be cited as the 'Fastener Quality Act

Amendments Act of 1999'.''

SHORT TITLE

Section 1 of Pub. L. 101-592 provided that: ''This Act (enacting

this chapter) may be cited as the 'Fastener Quality Act'.''

-CITE-

15 USC Sec. 5402 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5402. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''accredited laboratory'' means a fastener testing facility

used to perform end-of-line testing required by a consensus

standard or standards to verify that a lot of fasteners conforms

to the grade identification marking called for in the consensus

standard or standards to which the lot of fasteners has been

manufactured, and which -

(A) meets the requirements of ISO/IEC Guide 25 (or another

document approved by the Director under section 5411a(c) of

this title), including revisions from time-to-time; and

(B) has been accredited by a laboratory accreditation body

that meets the requirements of ISO/IEC Guide 58 (or another

document approved by the Director under section 5411a(d) of

this title), including revisions from time-to-time;

(2) ''consensus standard'' means the provisions of a document

that describes fastener characteristics published by a consensus

standards organization or a Federal agency, and does not include

a proprietary standard;

(3) ''consensus standards organization'' means the American

Society for Testing and Materials, the American National

Standards Institute, the American Society of Mechanical

Engineers, the Society of Automotive Engineers, the International

Organization for Standardization, any other organization

identified as a United States consensus standards organization or

a foreign and international consensus standards organization in

the Federal Register at 61 Fed. Reg. 50582-83 (September 26,

1996), and any successor organizations thereto;

(4) ''Director'' means the Director of the National Institute

of Standards and Technology;

(5) ''distributor'' means a person who purchases fasteners for

the purpose of reselling them at wholesale to unaffiliated

persons within the United States (an original equipment

manufacturer and its dealers shall be considered affiliated

persons for purposes of this chapter);

(6) ''fastener'' means a metallic screw, nut, bolt, or stud

having internal or external threads, with a nominal diameter of 6

millimeters or greater, in the case of such items described in

metric terms, or 1/4 inch or greater, in the case of such items

described in terms of the English system of measurement, or a

load-indicating washer, that is through-hardened or represented

as meeting a consensus standard that calls for through-hardening,

and that is grade identification marked or represented as meeting

a consensus standard that requires grade identification marking,

except that such term does not include any screw, nut, bolt,

stud, or load-indicating washer that is -

(A) part of an assembly;

(B) a part that is ordered for use as a spare, substitute,

service, or replacement part, unless that part is in a package

containing more than 75 of any such part at the time of sale,

or a part that is contained in an assembly kit;

(C) produced and marked as ASTM A 307 Grade A, or a successor

standard thereto;

(D) produced in accordance with ASTM F 432, or a successor

standard thereto;

(E) specifically manufactured for use on an aircraft if the

quality and suitability of those fasteners for that use has

been approved -

(i) by the Federal Aviation Administration; or

(ii) by a foreign airworthiness authority as described in

part 21.29, 21.500, 21.502, or 21.617 of title 14 of the Code

of Federal Regulations;

(F) manufactured in accordance with a fastener quality

assurance system; or

(G) manufactured to a proprietary standard, whether or not

such proprietary standard directly or indirectly references a

consensus standard or any portion thereof;

(7) ''fastener quality assurance system'' means -

(A) a system that meets the requirements, including revisions

from time-to-time, of -

(i) International Organization for Standardization (ISO)

Standard 9000, 9001, 9002, or TS16949;

(ii) Quality System (QS) 9000 Standard;

(iii) Verband der Automobilindustrie e. V. (VDA) 6.1

Standard; or

(iv) Aerospace Basic Quality System Standard AS9000; or

(B) any fastener manufacturing system -

(i) that has as a stated goal the prevention of defects

through continuous improvement;

(ii) that seeks to attain the goal stated in clause (i) by

incorporating -

(I) advanced quality planning;

(II) monitoring and control of the manufacturing process;

(III) product verification embodied in a comprehensive

written control plan for product and process

characteristics, and process controls (including process

influence factors and statistical process control), tests,

and measurement systems to be used in production; and

(IV) the creation, maintenance, and retention of

electronic, photographic, or paper records required by the

control plan regarding the inspections, tests, and

measurements performed pursuant to the control plan; and

(iii) that -

(I) is subject to certification in accordance with the

requirements of ISO/IEC Guide 62 (or another document

approved by the Director under section 5411a(a) of this

title), including revisions from time-to-time, by a third

party who is accredited by an accreditation body in

accordance with the requirements of ISO/IEC Guide 61 (or

another document approved by the Director under section

5411a(b) of this title), including revisions from

time-to-time; or

(II) undergoes regular or random evaluation and

assessment by the end user or end users of the screws,

nuts, bolts, studs, or load-indicating washers produced

under such fastener manufacturing system to ensure that

such system meets the requirements of clauses (i) and (ii);

(8) ''grade identification marking'' means any grade-mark or

property class symbol appearing on a fastener purporting to

indicate that the lot of fasteners conforms to a specific

consensus standard, but such term does not include a

manufacturer's insignia or part number;

(9) ''importer'' means a distributor located within the United

States who contracts for the initial purchase of fasteners

manufactured outside the United States;

(10) ''lot'' means a quantity of fasteners of one part number

fabricated by the same production process from the same coil or

heat number of metal as provided by the metal manufacturer;

(11) ''manufacturer'' means a person who fabricates fasteners

for sale in commerce;

(12) ''proprietary standard'' means the provisions of a

document that describes characteristics of a screw, nut, bolt,

stud, or load-indicating washer and is issued by a person who -

(A) uses screws, nuts, bolts, studs, or load-indicating

washers in the manufacture, assembly, or servicing of its

products; and

(B) with respect to such screws, nuts, bolts, studs, or

washers, is a developer and issuer of descriptions that have

characteristics similar to consensus standards and that bear

such user's identification;

(13) ''record of conformance'' means a record or records for

each lot of fasteners sold or offered for sale that contains -

(A) the name and address of the manufacturer;

(B) a description of the type of fastener;

(C) the lot number;

(D) the nominal dimensions of the fastener (including

diameter and length of bolts or screws), thread form, and class

of fit;

(E) the consensus standard or specifications to which the lot

of fasteners has been manufactured, including the date, number,

revision, and other information sufficient to identify the

particular consensus standard or specifications being

referenced;

(F) the chemistry and grade of material;

(G) the coating material and characteristics and the

applicable consensus standard or specifications for such

coating; and

(H) the results or a summary of results of any tests

performed for the purpose of verifying that a lot of fasteners

conforms to its grade identification marking or to the grade

identification marking the lot of fasteners is represented to

meet;

(14) ''represent'' means to describe one or more of a

fastener's purported characteristics in a document or statement

that is transmitted to a purchaser through any medium;

(15) ''Secretary'' means the Secretary of Commerce;

(16) ''specifications'' means the required characteristics

identified in the contractual agreement with the manufacturer or

to which a fastener is otherwise produced, except that the term

does not include proprietary standards; and

(17) ''through-harden'' means heating above the transformation

temperature followed by quenching and tempering for the purpose

of achieving uniform hardness.

-SOURCE-

(Pub. L. 101-592, Sec. 3, Nov. 16, 1990, 104 Stat. 2944; Pub. L.

104-113, Sec. 11(b), Mar. 7, 1996, 110 Stat. 780; Pub. L. 106-34,

Sec. 3, June 8, 1999, 113 Stat. 118.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-34 amended section catchline and text

generally, restating certain definitions, adding new definitions,

and striking out definitions of ''alter'', ''container'',

''institute'', ''original equipment manufacturer'', ''private label

distributor'', and ''standards and specifications''.

1996 - Par. (1)(B). Pub. L. 104-113, Sec. 11(b)(1), struck out

''having a minimum tensile strength of 150,000 pounds per square

inch'' after ''fasteners''.

Par. (2). Pub. L. 104-113, Sec. 11(b)(2), inserted ''consensus''

after ''or any other''.

Par. (5). Pub. L. 104-113, Sec. 11(b)(3), inserted ''or produced

in accordance with ASTM F 432'' after ''307 Grade A'' in closing

provisions, inserted ''or'' at end of subpar. (B), struck out

''or'' at end of subpar. (C), and struck out subpar. (D) which read

as follows: ''any item within a category added by the Secretary in

accordance with section 5403(b) of this title,''.

Par. (6). Pub. L. 104-113, Sec. 11(b)(4), substituted

''government agency'' for ''other person''.

Par. (8). Pub. L. 104-113, Sec. 11(b)(5), substituted

''Standards'' for ''Standard''.

Pars. (11), (12). Pub. L. 104-113, Sec. 11(b)(6), redesignated

pars. (12) and (13) as (11) and (12), respectively, and struck out

former par. (11) which read as follows: '' 'original equipment

manufacturer' means a person who uses fasteners in the manufacture

or assembly of its products and sells fasteners to authorized

dealers as replacement or service parts for its products;''.

Par. (13). Pub. L. 104-113, Sec. 11(b)(7), substituted ''or a

government agency'' for '', a government agency, or a major

end-user of fasteners which defines or describes dimensional

characteristics, limits of size, acceptable materials, processing,

functional behavior, plating, baking, inspecting, testing,

packaging, and required markings of any fastener''.

Pub. L. 104-113, Sec. 11(b)(6), redesignated par. (14) as (13).

Former par. (13) redesignated (12).

Par. (14). Pub. L. 104-113, Sec. 11(b)(8), inserted ''for the

purpose of achieving a uniform hardness'' after ''quenching and

tempering''.

Pub. L. 104-113, Sec. 11(b)(6), redesignated par. (15) as (14).

Former par. (14) redesignated (13).

Par. (15). Pub. L. 104-113, Sec. 11(b)(6), redesignated par. (15)

as (14).

COMPTROLLER GENERAL REPORT

Pub. L. 106-34, Sec. 12, June 8, 1999, 113 Stat. 125, provided

that: ''Not later than 2 years after the date of the enactment of

this Act (June 8, 1999), the Comptroller General shall transmit to

the Congress a report describing any changes in industry practice

resulting from or apparently resulting from the enactment of

section 3(6)(B) of the Fastener Quality Act (15 U.S.C. Sec.

5402(6)(B)), as added by section 3 of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5411a of this title.

-CITE-

15 USC Sec. 5403 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5403. Sale of fasteners

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-592, Sec. 4, as added Pub. L. 106-34, Sec. 4(a), June

8, 1999, 113 Stat. 121.)

-MISC1-

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).''

-CITE-

15 USC Sec. 5404 to 5406 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5404 to 5406. Repealed. Pub. L. 106-34, Sec. 4(a), June 8,

1999, 113 Stat. 121

-MISC1-

Section 5404, Pub. L. 101-592, Sec. 5, Nov. 16, 1990, 104 Stat.

2945; Pub. L. 104-113, Sec. 11(d), Mar. 7, 1996, 110 Stat. 780,

required testing and certification of fasteners.

Section 5405, Pub. L. 101-592, Sec. 6, Nov. 16, 1990, 104 Stat.

2947; Pub. L. 104-113, Sec. 11(e), Mar. 7, 1996, 110 Stat. 781,

provided for laboratory accreditation.

Section 5406, Pub. L. 101-592, Sec. 7, Nov. 16, 1990, 104 Stat.

2948; Pub. L. 104-113, Sec. 11(f), Mar. 7, 1996, 110 Stat. 781,

related to sale of domestic and imported fasteners subsequent to

manufacture.

-CITE-

15 USC Sec. 5407 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5407. Manufacturers' insignias

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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''.

-CITE-

15 USC Sec. 5408 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5408. Remedies and penalties

-STATUTE-

(a) Civil remedies

(1) The Attorney General may bring an action in an appropriate

United States district court for appropriate declaratory and

injunctive relief against any person who violates this chapter or

any regulation under this chapter.

(2) An action under paragraph (1) may not be brought more than 10

years after the date on which the cause of action accrues.

(b) Civil penalties

(1) Any person who is determined by the Secretary, after notice

and an opportunity for a hearing, to have violated this chapter or

any regulation under this chapter shall be liable to the United

States for a civil penalty of not more than $25,000 for each

violation.

(2) The amount of the penalty shall be assessed by the Secretary

by written notice. In determining the amount of the penalty, the

Secretary shall consider the nature, circumstances, and gravity of

the violation and, with respect to the person found to have

committed the violation, the degree of culpability, any history of

prior violations, the effect on ability to continue to do business,

any good faith attempt to achieve compliance, ability to pay the

penalty, and such other matters as justice may require.

(3) Any person against whom a civil penalty is assessed under

paragraph (2) of this subsection may obtain review thereof in the

appropriate court of the United States by filing a notice of appeal

in such court within 30 days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary. The findings and order of the Secretary shall be set

aside by such court if they are found to be unsupported by

substantial evidence, as provided in section 706(2) of title 5.

(4) The Secretary may arbitrate, compromise, modify, or remit,

with or without conditions, any civil penalty which is subject to

imposition or which has been imposed under this section prior to

referral to the Attorney General under paragraph (5).

(5) A civil penalty assessed under this subsection may be

recovered in an action brought by the Attorney General on behalf of

the United States in the appropriate district court of the United

States. In such action, the validity and appropriateness of the

final order imposing the civil penalty shall not be subject to

review.

(6) For the purpose of conducting any hearing under this section,

the Secretary may issue subpoenas for the attendance and testimony

of witnesses and the production of relevant papers, books, and

documents, and may administer oaths. Witnesses summoned shall be

paid the same fees and mileage that are paid to witnesses in the

courts of the United States. In case of contempt or refusal to obey

a subpoena served upon any person pursuant to this paragraph, the

district court of the United States for any district in which such

person is found, resides, or transacts business, upon application

by the United States and after notice to such person, shall have

jurisdiction to issue an order requiring such person to appear and

give testimony before the Secretary or to appear and produce

documents before the Secretary, or both, and any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

(c) Criminal penalties

(1) Whoever knowingly certifies, marks, offers for sale, or sells

a fastener in violation of this chapter or a regulation under this

chapter shall be fined under title 18, or imprisoned not more than

5 years, or both.

(2) Whoever intentionally fails to maintain records relating to a

fastener in violation of this chapter or a regulation under this

chapter shall be fined under title 18, or imprisoned not more than

5 years, or both.

(3) Whoever negligently fails to maintain records relating to a

fastener in violation of this chapter or a regulation under this

chapter shall be fined under title 18, or imprisoned not more than

2 years, or both.

(d) Enforcement

(1) The Secretary may designate officers or employees of the

Department of Commerce to conduct investigations pursuant to this

chapter. In conducting such investigations, those officers or

employees may, to the extent necessary or appropriate to the

enforcement of this chapter, exercise such authorities as are

conferred upon them by other laws of the United States, subject to

policies and procedures approved by the Attorney General.

(2) The Secretary shall establish and maintain a hotline system

to facilitate the reporting of alleged violations of this chapter,

and the Secretary shall evaluate allegations reported through that

system and report any credible allegations to the Attorney General.

-SOURCE-

(Pub. L. 101-592, Sec. 6, formerly Sec. 9, Nov. 16, 1990, 104 Stat.

2950; Pub. L. 104-113, Sec. 11(g), Mar. 7, 1996, 110 Stat. 782;

renumbered Sec. 6 and amended Pub. L. 106-34, Sec. 6, June 8, 1999,

113 Stat. 122.)

-MISC1-

PRIOR PROVISIONS

A prior section 6 of Pub. L. 101-592 was classified to section

5405 of this title, prior to repeal by Pub. L. 106-34.

AMENDMENTS

1999 - Subsec. (b)(3). Pub. L. 106-34, Sec. 6(1), substituted

''of this subsection'' for ''of this section''.

Subsec. (b)(4). Pub. L. 106-34, Sec. 6(2), inserted

''arbitrate,'' after ''Secretary may''.

Subsec. (d). Pub. L. 106-34, Sec. 6(3), designated existing

provisions as par. (1) and added par. (2).

1996 - Subsec. (d). Pub. L. 104-113 added subsec. (d).

-CITE-

15 USC Sec. 5409 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5409. Recordkeeping requirements

-STATUTE-

Manufacturers and importers shall retain the record of

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.

-SOURCE-

(Pub. L. 101-592, Sec. 7, formerly Sec. 10, Nov. 16, 1990, 104

Stat. 2951; Pub. L. 104-113, Sec. 11(h), Mar. 7, 1996, 110 Stat.

782; renumbered Sec. 7 and amended Pub. L. 106-34, Sec. 7, June 8,

1999, 113 Stat. 123.)

-MISC1-

PRIOR PROVISIONS

A prior section 7 of Pub. L. 101-592 was classified to section

5406 of this title, prior to repeal by Pub. L. 106-34.

AMENDMENTS

1999 - 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.

1996 - Subsec. (a). Pub. L. 104-113, Sec. 11(h)(1), substituted

''5 years'' for ''10 years''.

Subsec. (b). Pub. L. 104-113, Sec. 11(h), substituted ''5 years''

for ''10 years'' and ''the subsequent purchaser'' for ''any

subsequent purchaser''.

-CITE-

15 USC Sec. 5410 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5410. Relationship to State laws

-STATUTE-

Nothing in this chapter shall be construed to preempt any rights

or causes of action that any buyer may have with respect to any

seller of fasteners under the law of any State, except to the

extent that the provisions of this chapter are in conflict with

such State law.

-SOURCE-

(Pub. L. 101-592, Sec. 8, formerly Sec. 11, Nov. 16, 1990, 104

Stat. 2952; renumbered Sec. 8, Pub. L. 106-34, Sec. 8, June 8,

1999, 113 Stat. 123.)

-MISC1-

PRIOR PROVISIONS

A prior section 8 of Pub. L. 101-592 was renumbered section 5 and

is classified to section 5407 of this title.

-CITE-

15 USC Sec. 5411 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5411. Construction

-STATUTE-

Nothing in this chapter shall be construed to limit or otherwise

affect the authority of any consensus standards organization to

establish, modify, or withdraw any standards and specifications

under any other law or authority.

-SOURCE-

(Pub. L. 101-592, Sec. 9, formerly Sec. 12, Nov. 16, 1990, 104

Stat. 2952; renumbered Sec. 9 and amended Pub. L. 106-34, Sec. 9,

June 8, 1999, 113 Stat. 123.)

-MISC1-

PRIOR PROVISIONS

A prior section 9 of Pub. L. 101-592 was renumbered section 6 and

is classified to section 5408 of this title.

AMENDMENTS

1999 - Pub. L. 106-34 struck out ''in effect on November 16,

1990'' after ''law or authority''.

-CITE-

15 USC Sec. 5411a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5411a. Certification and accreditation

-STATUTE-

(a) Certification

A person publishing a document setting forth guidance or

requirements for the certification of manufacturing systems as

fastener quality assurance systems by an accredited third party may

petition the Director to approve such document for use as described

in section 5402(7)(B)(iii)(I) of this title. The Director shall

act upon a petition within 180 days after its filing, and shall

approve such petition if the document provides equal or greater

rigor and reliability as compared to ISO/IEC Guide 62.

(b) Accreditation

A person publishing a document setting forth guidance or

requirements for the approval of accreditation bodies to accredit

third parties described in subsection (a) of this section may

petition the Director to approve such document for use as described

in section 5402(7)(B)(iii)(I) of this title. The Director shall

act upon a petition within 180 days after its filing, and shall

approve such petition if the document provides equal or greater

rigor and reliability as compared to ISO/IEC Guide 61.

(c) Laboratory accreditation

A person publishing a document setting forth guidance or

requirements for the accreditation of laboratories may petition the

Director to approve such document for use as described in section

5402(1)(A) of this title. The Director shall act upon a petition

within 180 days after its filing, and shall approve such petition

if the document provides equal or greater rigor and reliability as

compared to ISO/IEC Guide 25.

(d) Approval of accreditation bodies

A person publishing a document setting forth guidance or

requirements for the approval of accreditation bodies to accredit

laboratories may petition the Director to approve such document for

use as described in section 5402(1)(B) of this title. The Director

shall act upon a petition within 180 days after its filing, and

shall approve such petition if the document provides equal or

greater rigor and reliability as compared to ISO/IEC Guide 58. In

addition to any other voluntary laboratory accreditation programs

that may be established by private sector persons, the Director

shall establish a National Voluntary Laboratory Accreditation

Program, for the accreditation of laboratories as described in

section 5402(1)(B) of this title, that meets the requirements of

ISO/IEC Guide 58 (or another document approved by the Director

under this subsection), including revisions from time-to-time.

(e) Affirmation

(1) An accreditation body accrediting third parties who certify

manufacturing systems as fastener quality assurance systems as

described in section 5402(7)(B)(iii)(I) of this title shall affirm

to the Director that it meets the requirements of ISO/IEC Guide 61

(or another document approved by the Director under subsection (b)

of this section), including revisions from time-to-time.

(2) An accreditation body accrediting laboratories as described

in section 5402(1)(B) of this title shall affirm to the Director

that it meets the requirements of ISO/IEC Guide 58 (or another

document approved by the Director under subsection (d) of this

section), including revisions from time-to-time.

(3) An affirmation required under paragraph (1) or (2) shall take

the form of a self-declaration that the accreditation body meets

the requirements of the applicable Guide, signed by an authorized

representative of the accreditation body, without requirement for

accompanying documentation. Any such affirmation shall be

considered to be a continuous affirmation that the accreditation

body meets the requirements of the applicable Guide, unless and

until the affirmation is withdrawn by the accreditation body.

-SOURCE-

(Pub. L. 101-592, Sec. 10, as added Pub. L. 106-34, Sec. 10, June

8, 1999, 113 Stat. 123.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of Pub. L. 101-592 was renumbered section 7

and is classified to section 5409 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5402 of this title.

-CITE-

15 USC Sec. 5411b 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5411b. Applicability

-STATUTE-

The requirements of this chapter shall be applicable only to

fasteners fabricated 180 days or more after June 8, 1999, except

that if a manufacturer or distributor of fasteners fabricated

before June 8, 1999, prepares a record of conformance for such

fasteners, representations about such fasteners shall be subject to

the requirements of this chapter.

-SOURCE-

(Pub. L. 101-592, Sec. 11, as added Pub. L. 106-34, Sec. 11, June

8, 1999, 113 Stat. 124.)

-MISC1-

PRIOR PROVISIONS

A prior section 11 of Pub. L. 101-592 was renumbered section 8

and is classified to section 5410 of this title.

-CITE-

15 USC Sec. 5412 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5412. Repealed. Pub. L. 106-34, Sec. 10, June 8, 1999, 113

Stat. 123

-MISC1-

Section, Pub. L. 101-592, Sec. 13, Nov. 16, 1990, 104 Stat. 2952;

Pub. L. 104-113, Sec. 11(i), Mar. 7, 1996, 110 Stat. 782, required

the Secretary to issue regulations necessary to implement chapter.

-CITE-

15 USC Sec. 5413 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5413. Repealed. Pub. L. 104-113, Sec. 11(j), Mar. 7, 1996, 110

Stat. 782

-MISC1-

Section, Pub. L. 101-592, Sec. 14, Nov. 16, 1990, 104 Stat. 2952,

related to appointment of an advisory committee to be available for

consultation with Secretary on matters related to fasteners.

-CITE-

15 USC Sec. 5414 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 80 - FASTENERS

-HEAD-

Sec. 5414. Repealed. Pub. L. 106-34, Sec. 10, June 8, 1999, 113

Stat. 123

-MISC1-

Section, Pub. L. 101-592, Sec. 15, Nov. 16, 1990, 104 Stat. 2952;

Pub. L. 105-234, Sec. 1, Aug. 14, 1998, 112 Stat. 1536, related to

applicability of this chapter.

-CITE-