PRIA, Government Policy, Made Personal

Summary

Manufacturers and distributors must not knowingly fake or misstate information when selling fasteners from a single lot. That includes lying about test or conformity records, the fasteners’ identity, material, strength, performance marks, chemistry, or the maker’s logo. Saying a fastener meets a named consensus standard does not mean it meets every part of that standard. Using a standard in a contract to pick certain requirements does not force the whole standard to apply. If fasteners are made only to a consensus standard, any final testing required to confirm the grade marking must be done by an accredited laboratory.

Title 15, §5403

Commerce and Trade, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5403, Pub. L. 101–592, § 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, § 11(c), Mar. 7, 1996, 110 Stat. 780.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–34, § 4(b),

June 8, 1999, 113 Stat. 122, provided that: “Subsection (d) of section 4 of the Fastener Quality Act [15 U.S.C. § 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].”

§5403 Sale of Fasteners