§5407 — Title 15 Commerce and Trade | U.S. Code

Summary

If an industry standard says a fastener must show a maker’s mark, that fastener cannot be sold or offered for sale unless it actually has the mark and the maker has registered that mark under the required record rules. If the product’s own specifications say something different, follow those specifications. The Secretary must write rules to create and run a program for recording manufacturers’ marks.

Title 15, §5407

Commerce and Trade — Source: USLM XML via OLRC

(a)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).

(b)The Secretary shall establish, by regulation, a program to provide for the recordation of the insignias of manufacturers described in subsection (a).

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 5(2), substituted “described in subsection (a)” for “and private label distributors described in subsection (a), to ensure the traceability of a fastener to its manufacturer or private label distributor”.

§5407 Manufacturers’ insignias