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U.S. Code as of:
01/19/04
Section 1197. Guaranties
(a) Defense to prosecution
No person shall be subject to prosecution under section 1196 of
this title for a violation of section 1192 of this title if such
person (1) establishes a guaranty received in good faith signed by
and containing the name and address of the person by whom the
product, fabric, or related material guaranteed was manufactured or
from whom it was received, to the effect that reasonable and
representative tests made in accordance with standards issued or
amended under the provisions of section 1193 of this title show
that the fabric or related material covered by the guaranty, or
used in the product covered by the guaranty, conforms with
applicable flammability standards issued or amended under the
provisions of section 1193 of this title, and (2) has not, by
further processing, affected the flammability of the fabric,
related material, or product covered by the guaranty which he
received. Such guaranty shall be either (1) a separate guaranty
specifically designating the product, fabric, or related material
guaranteed, in which case it may be on the invoice or other paper
relating to such product, fabric, or related material; (2) a
continuing guaranty given by seller to buyer applicable to any
product, fabric, or related material sold or to be sold to buyer by
seller in a form as the Commission by rules and regulations may
prescribe; or (3) a continuing guaranty filed with the Commission
applicable to any product, fabric, or related material handled by a
guarantor, in such form as the Commission by rules or regulations
may prescribe.
(b) False guaranty
It shall be unlawful for any person to furnish, with respect to
any product, fabric, or related material, a false guaranty (except
a person relying upon a guaranty to the same effect received in
good faith signed by and containing the name and address of the
person by whom the product, fabric, or related material guaranteed
was manufactured or from whom it was received) with reason to
believe the product, fabric, or related material falsely guaranteed
may be introduced, sold, or transported in commerce, and any person
who violates the provisions of this subsection is guilty of an
unfair method of competition, and an unfair or deceptive act or
practice, in commerce within the meaning of the Federal Trade
Commission Act [15 U.S.C. 41 et seq.].
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