H.R.5051 - Fastener Quality Assurance Act of 1988100th Congress (1987-1988)
Summary: H.R.5051 — 100th Congress (1987-1988)
Introduced in House (07/14/1988)
Fastener Quality Assurance Act of 1988 - Defines "fastener" as a screw, nut, bolt, or stud having internal or external threads, or a washer commonly used to perform a load indicating or bearing stress distribution function, with a diameter of one-quarter inch or more and containing any steel.
Prohibits the offering for sale or sale in interstate commerce of any fastener unless it bears a specified insignia and 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). Sets forth requirements governing sample size.
Authorizes the laboratory, upon determination of conformance with the appropriate standards and specifications, to provide the manufacturer certificates with respect to such lot. Sets forth requirements for such certificates, the form of which is to be prescribed by the Secretary of Commerce (the Secretary) within 180 days after enactment of this Act.
Directs the Secretary, also within such 180-day period, to issue regulations to establish a program for approval of any system for the accreditation of laboratories engaged in such inspection and testing of fasteners, if such system demonstrates that it has adopted or otherwise adheres to the requirements of the American Society for Testing and Materials (ASTM) Standard. Directs the Secretary, if the responsible technical committee withdraws the ASTM Standard, to: (1) approve an alternative standard issued by the ASTM or another voluntary consensus standards organization; or (2) issue a standard which incorporates the ASTM Standard together with any necessary modifications. Directs the Secretary to approve or reapprove any system which demonstrates that it has adopted or otherwise adheres to such a new standard.
Prohibits any manufacturer from selling any lot or portion of a lot 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 lot or portion of a lot of fasteners manufactured outside the United States to any importer or end user unless delivery is accompanied by such a certificate. Allows such 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 writing for the inspection and testing (for which purposes they shall be considered a manufacturer, except they must provide the laboratory with the manufacturer's written disclosure). Prohibits 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 purchasers who purchase at wholesale a lot or a portion from: (1) the purchaser of domestically manufactured fasteners; (2) the importer or end user who purchased foreign manufactured fasteners; (3) a private label distributor; or (4) any subsequent seller.
Requires persons who make material physical alterations to a fastener subsequent to its manufacture to have such altered fastener inspected and tested before offering for sale or selling it.
Requires manufacturers or private label distributors of fasteners offered for sale or sold in interstate commerce to: (1) be identified by a raised or depressed insignia on the surface or the fastener; and (2) comply with requirements of a program for recordation of such insignias. Directs the Secretary to establish such program, including regulations to ensure traceability, within 180 days after enactment of this Act.
Sets forth civil remedies, including declaratory and injunctive relief, and criminal penalties, including fines and imprisonment, for violations of this Act.
Sets forth recordkeeping requirements for laboratories, manufacturers, importers private label distributors, and wholesalers.
Provides that nothing in this Act shall be construed to: (1) preempt any rights or causes of action that any buyer may have with respect to any seller of fasteners under the law of any State, except in so far as such State law conflicts with this Act; and (2) limit or otherwise affect the authority of the National Bureau of Standards or any voluntary consensus standards organization 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.
Applies this Act only to fasteners fabricated more than 240 days after its enactment.