15 U.S.C. § 5407

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 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).

(b) Recordation

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

15 U.S.C. § 5407

Pub. L. 101-592, §5, formerly §8, Nov. 16, 1990, 104 Stat. 2950; renumbered §5 and amended Pub. L. 106-34, §5, June 8, 1999, 113 Stat. 122.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 5 of Pub. L. 101-592 was classified to section 5404 of this title, prior to repeal by Pub. L. 106-34.

AMENDMENTS1999-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".

Secretary: "Secretary" means the Secretary of Commerce;
consensus standard: "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;
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);
manufacturer: "manufacturer" means a person who fabricates fasteners for sale in commerce;