H.R.777 - Fastener Quality Assurance Act of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Dingell, John D. [D-MI-16] (Introduced 02/02/1989)|
|Committees:||House - Energy and Commerce|
|Latest Action:||09/19/1989 For Further Action See H.R.3000. (All Actions)|
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Summary: H.R.777 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (02/02/1989)
Fastener Quality Assurance Act of 1989 - Prohibits the offering for sale or sale in interstate commerce of any fastener (screw, nut, bolt, stud, similar threaded device, or washer) unless it is part of a lot which: (1) conforms to standards and specifications represented by the manufacturer or ordered by the purchaser; and (2) has been inspected, tested, and certified according to this Act.
Requires manufacturers to have a fastener lot sample inspected by a laboratory accredited under an approved system (including one owned or affiliated with the manufacturer if it is so accredited).
Authorizes the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot.
Directs the Secretary of Commerce to issue regulations to implement this Act.
Prohibits any manufacturer from selling any primary container or lesser quantity of fasteners manufactured in the United States unless delivery to the first purchaser is accompanied by an original certificate from an accredited laboratory.
Prohibits any person from selling any primary container or lesser quantity of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by a certificate. Allows delivery to an importer or private label distributor without the required certificate if: (1) the manufacturer discloses in writing the appropriate standards and specifications; and (2) the importer or private label distributor assumes responsibility in further sale or offer of sale unless delivery to the first subsequent purchaser is accompanied by an original certificate from an accredited laboratory.
Requires that a copy of the original certificate be provided to subsequent wholesale purchasers.
Requires persons who make material physical alterations to a fastener subsequent to manufacture to have the altered fastener inspected and tested before offering it for sale or selling it unless delivery is accompanied by a disclosure of the alteration and a warning. Requires subsequent disclosures of the alteration in resales. Prohibits commingling of fasteners from different lots in the same primary container or other package.
Requires fastener manufacturers or private label distributors to comply with requirements of a program for recordation of insignias. Directs the Secretary to establish such a program, including regulations to ensure traceability.
Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act.
Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have respect to any seller of fasteners under the law of any State, except insofar as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of the National Institute of Standards and Technology or any voluntary consensus standards organizations to establish, modify, or withdraw any standards and specifications under any other law or authority in effect on the date of enactment of this Act.