§ 280.5 - Certification of fasteners.

(a) No fastener shall be offered for sale or sold in commerce unless it is part of a lot which has been inspected, tested, and certified in accordance with Section 5 of the Act and this part, and found to conform to the standards and specifications to which the manufacturer represents it has been manufactured.

(b)(1) The requirements of paragraph (a) of this section shall not apply to fasteners which are part of a lot of 50 fasteners or less if within 10 working days after delivery of such fasteners, or as soon as practicable thereafter—

(i) Inspection, testing, and certification as provided in subsections 5 (b), (c), and (d) of the Act and this part is carried out; and

(ii) Written notice detailing the results of such inspection, testing, and certification is sent:

(A) To all purchasers of such fasteners, except retail sellers and retail consumers, and

(B) To any retail seller or retail consumer who, prior to delivery, requests such written notice.

(2) If a fastener is sold under paragraph (b) of this section, 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 the Act and this part.

(c) Each manufacturer, importer, private label distributor, or alteror who significantly alters any fastener shall keep on file and make available for inspection in accordance with the recordkeeping requirements of § 280.7 an original laboratory testing report described in section 5(c) of the Act and § 280.6 of this part and a manufacturer's certificate of conformance for each lot of fasteners subject to the Act and this part which that manufacturer, importer, private label distributor, or alteror who significantly alters any fastener offers for sale or sells in commerce. Such certificate shall, as a minimum, include: Fastener description information contained in § 280.6(a)(4) of this part; the date of issue and serial number of the laboratory testing report; and a statement certifying that the fasteners have been manufactured according to the requirements of the applicable standards and specifications and found to conform with its requirements. The requirements of this paragraph shall not apply to an alteror who significantly alters fasteners and who delivers to the purchaser the written statement provided for by § 280.11(a)(3) of this part.