Page:United States Statutes at Large Volume 113 Part 1.djvu/145

 PUBLIC LAW 106-34—JUNE 8, 1999 113 STAT. 121 "(10) 'lot' means a quantity of fasteners of one part number fabricated by the same production process from the same coil or heat number of metal as provided by the metal manufacturer; "(11) 'manufacturer' means a person who fabricates fasteners for sale in commerce; "(12) 'proprietary standard' means the provisions of a document that describes characteristics of a screw, nut, bolt, stud, or load-indicating washer and is issued by a person who— "(A) uses screws, nuts, bolts, studs, or load-indicating washers in the manufacture, assembly, or servicing of its products; and "(B) with respect to such screws, nuts, bolts, studs, or washers, is a developer and issuer of descriptions that have cheu-acteristics similar to consensus standards and that bear such user's identification; "(13) '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 summeiry 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; "(14) 'represent' means to describe one or more of a fastener's purported characteristics in a document or statement that is transmitted to a purchaser through any medium; "(15) 'Secretary' means the Secretary of Commerce; "(16) 'specifications' means the required cheiracteristics identified in the contractual agreement with the manufacturer or to which a fastener is otherwise produced, except that the term does not include proprietary standards; and "(17) 'through-harden' means heating above the transformation temperature followed by quenching and tempering for the purpose of achieving uniform hsirdness.". SEC. 4. SALE OF FASTENERS. (a) AMENDMENT.—Sections 5 through 7 of the Fastener Quzdity Act (15 U.S.C. 5404-6) are repealed, and the following new section 15 USC is inserted after section 3 of such Act: 5404-5406. •*SEC. 4. SALE OF FASTENERS. 15 USC 5403. "(a) GENERAL RULE. — It shall be unlawf\il for a manufacturer or distributor, in conjunction with the sale or offer for sale of fasteners from a single lot, to knowingly misrepresent or falsify—

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