Page:United States Statutes at Large Volume 104 Part 4.djvu/630

 104 STAT. 2946 PUBLIC LAW 101-592—NOV. 16, 1990 (2)(A) Paragraph (I)(B) of this subsection shall not apply to fasteners which are part of a lot of 50 fasteners or less if, within 10 working days srfter the delivery of such fasteners, or as soon as practicable thereafter— (i) inspection, testing, and certification as provided in subsections 0)) and (c) is carried out; and (ii) written notice detailing the results of such inspection, testing, and certification is sent (I) to all purchasers of such fasteners, except retail sellers and retail consumers, and (II) to any retail seller or retail consumer who, prior to delivery, requests such written notice. (B) If a fastener is sold under this paragraph, each purchaser of such fastener, except for retail sellers and retail consumers unless such retail sellers and retail consumers request such notice in advance, shall be provided, contemporaneously with each sale and delivery, written notice stating that such fastener has not yet been inspected, tested, and certified as required by this Act. (b) INSPECTION AND TESTING. — (1) The manufacturer of a lot of fasteners shall cause to be inspected and tested a representative sample, as provided in paragraph (2) of this subsection, of the fasteners in such lot to determine whether the lot conforms to the standards and specifications to which the manufacturer represents it has been manufactured. Such inspection and testing shall be performed by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. The standards and specifications to which the manufacturer represents such lot has been manufactured shall be disclosed by the manufacturer to the laboratory at the time the lot is submitted for inspection and testing under this paragraph. The manufacturer of a lot may perform the inspection and testing required by this paragraph in a laboratory which it owns or with which it is otherwise affiliated, if such laboratory is accredited in accordance with the procedures and conditions specified by the Secretary under section 6; unless the Secretary finds that, as to a specific type of fastener and as to a specific type of inspection or testing, a ban on manufacturer ownership or EdTfiliation with the accredited laboratory would increase the protection of health and safety of the public or industrial workers. (2) The size, selection, and integrity of the sample to be inspected and tested under paragraph (1) shall be governed— (A) by the standards and specifications to which the manufacturer represents the fasteners in the sample have been manufactured; or (B) if such standards and specifications do not provide for the size, selection, or integrity of the sample, by sampling procedures prescribed by the Secretary, who shall to the extent practicable use consensus testing standards and related materials. Nothing in this paragraph shall prohibit a purchaser from requiring the inspection and testing of a greater number of fasteners from a lot than is specified in the applicable standards and specifications or in the applicable sampling procedures prescribed by the Secretary. (c) LABORATORY REPORT OF TESTING.—If a laboratory performing the inspection and testing under subsection 0>X1) determines, as to the characteristics selected under the sampling procedures prescribed by the Secretary and based on the sample examined, that a lot conforms to the standards and specifications to which the manufacturer represents it has been manufactured, the laboratory shall

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