Page:United States Statutes at Large Volume 104 Part 4.djvu/634

 104 STAT. 2950 PUBLIC LAW 101-592—NOV. 16, 1990 servicing products produced by the original equipment manufacturers. (f) SUBSEQUENT PURCHASER. — (1) It shall be unlawful for any person to sell fasteners, of any quantity, to any person who purchases such fasteners— (A) for sale at wholesale, or (B) for assembling components of a product or structure for sale, unless the container of fasteners sold is conspicously marked with the number of the lot from which such fasteners were taken, except that this requirement shall not apply to sales by original equipment manufacturers to their authorized dealers for use in assembling or servicing products produced by the original equipment manufacturer. (2) If a person who purchases fasteners for purposes other than those described in paragraph (1)(A) and (B) so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of fasteners with the lot number from which such fasteners were taken. (g) REGULATIONS. —The Secretary may issue such regulations as may be necessary to ensure compliance with the provisions of this section. 15 USC 5407. SEC. 8. MANUFACTURERS' INSIGNIAS. (a) GENERAL RULE.— 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. Emulations. (b) RECORDATION. —The Secretary shall establish, by regulation, a program to provide for the recordation of the insignias of manufacturers and private label distributors described in subsection (a), to ensure the traceability of a fastener to its manufacturer or private label distributor. 15 USC 5408. SEC. 9. REMEDIES AND PENALTIES. (a) CIVIL REMEDIES.— (1) The Attorney General may bring an action in an appropriate United States district court for appropriate declaratory and injunctive relief against any person who violates this Act or any regulation under this Act. (2) An action under paragraph (1) may not be brought more than 10 years after the date on which the cause of action accrues. OJ) CIVIL PENALTIES. — (1) Any person who is determined by the Secretary, after notice and an opportunity for a hearing, to have violated this Act or any regulation under this Act shall be liable to the United States for a civil penalty of not more than $25,000 for each violation. (2) The amount of the penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good

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