Page:United States Statutes at Large Volume 104 Part 4.djvu/628

 104 STAT. 2944 PUBLIC LAW 101-592—NOV. 16, 1990 counterfeit fasteners, a practice which also harms American manufacturers, importers, and distributors of safe and conforming fasteners, and workers in the American fastener industry, (b) PURPOSE.—In order to protect public safety, to deter the introduction of nonconforming fasteners into commerce, to improve the traceability of fsisteners used in critical applications, and generally to provide commercial and governmental customers with greater assurance that fasteners meet stated specifications, it is the purpose of this Act to create procedures for the testing, certification, and distribution of certain fasteners used in commerce within the United States. 15 USC 5402. SEC. 3. DEFINITIONS. As used in this Act, the term— (1) "alter" means to alter— (A) by through-hardening, (B) by electroplating of fasteners having a minimum tensile strength of 150,000 pounds per square inch, or (C) by machining; (2) "consensus standards organization" means the American Society for Testing and Materials, American National Standards Institute, American Society of Mechanical Engineers, Society of Automotive Engineers, or any other standard-setting organization determined by the Secretary to have comparable knowledge, expertise, and concern for health and safety in the field for which such organization purports to set standards; (3) "container" means any package of fasteners traded in commerce; (4) "Director" means the Director of the National Institute of Standards and Technology; (5) "fastener" means— (A)a- (i) screw, nut, bolt, or stud having internal or external threads, or (ii) a load-indicating washer, with a nominal diameter of 5 millimeters or greater, in the case of such items described in metric terms, or ¥4 inch or greater, in the case of such items described in terms of the English system of measurement, which contains any quantity of metal and is held out as meeting a standard or specification which requires through-hardening, (B) a screw, nut, bolt, or stud having internal or external threads which bears a grade ident&cation marking required by a standard or specification, (C) a washer to the extent that it is subject to a standard or specification applicable to a screw, nut, bolt, or stud described in subparagraph (B), or (D) any item within a category added by the Secretary in accordance with section 4(b), except that such term does not include any screw, nut, bolt, or stud that is produced and marked as ASTM A 307 Grade A; (6) "grade identification marking" means any symbol appearing on a fastener purporting to indicate that the fastener's base material, strength properties, or performance capabilities conform to a specific standard of a consensus standards organization or other person;

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