15 U.S.C. § 5409

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 5409 - Recordkeeping requirements

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.

15 U.S.C. § 5409

Pub. L. 101-592, §7, formerly §10, Nov. 16, 1990, 104 Stat. 2951; Pub. L. 104-113, §11(h), Mar. 7, 1996, 110 Stat. 782; renumbered §7 and amended Pub. L. 106-34, §7, June 8, 1999, 113 Stat. 123.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 7 of Pub. L. 101-592 was classified to section 5406 of this title, prior to repeal by Pub. L. 106-34.

AMENDMENTS1999- 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, §11(h)(1), substituted "5 years" for "10 years".Subsec. (b). Pub. L. 104-113, §11(h), substituted "5 years" for "10 years" and "the subsequent purchaser" for "any subsequent purchaser".

distributor
"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);
importer
"importer" means a distributor located within the United States who contracts for the initial purchase of fasteners manufactured outside the United States;
manufacturer
"manufacturer" means a person who fabricates fasteners for sale in commerce;
record of conformance
"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;