[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR200.113]

[Page 374-375]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 200--POLICIES, SERVICES, PROCEDURES, AND FEES--Table of Contents
 
Sec. 200.113  Use of results or reports.

    (a) As the national standards laboratory of the United States, NIST 
maintains and establishes the primary standards from which measurements 
in science and industry ultimately derive. It is therefore sometimes 
desirable for manufacturers or users of measurement standards to make 
appropriate reference to the relationship of their calibrations to NIST 
calibrations. The following considerations must be borne in mind, and 
shall be understood as constituting an agreement on the part of the NIST 
customer to be bound thereby in making reference to NIST calibration and 
test reports.
    (b) The results of calibrations and tests performed by NIST are 
intended solely for the use of the organization requesting them, and 
apply only to a particular device or specimen at the time of its test. 
The results shall not be used to indicate or imply that they are 
applicable to other similar items. In addition, such results must not be 
used to indicate or imply that NIST approves, recommends, or endorses 
the manufacturer, the supplier, or the user of such devices or 
specimens, or that NIST in any way ``guarantees'' the later performance 
of items after calibration or test.
    (c) NIST declares it to be in the national interest that it maintain 
an impartial position with respect to any commercial product. 
Advertising the findings on a single instrument could be misinterpreted 
as an indication of performance of other instruments of identical or 
similar type. There will be no objection, however, to a statement that 
the manufacturer's primary standards have been periodically calibrated 
by NIST, if this is actually the case, or that the customer might 
arrange to have NIST calibrate the item purchased from the manufacturer.
    (d) NIST does not approve, recommend, or endorse any proprietary 
product or proprietary material. No

[[Page 375]]

reference shall be made to NIST, or to reports or results furnished by 
NIST in any advertising or sales promotion which would indicate or imply 
that NIST approves, recommends, or endorses any proprietary product or 
proprietary material, or which has as its purpose an intent to cause 
directly or indirectly the advertised product to be used or purchased 
because of NIST test reports or results.

In its own activities as a scientific institution, NIST uses many 
different materials, products, types of equipment, and services. This 
use does not imply that NIST has given them a preferential position or a 
formal endorsement. Therefore, NIST discourages references, either in 
advertising or in the scientific literature, which identify it as a user 
of any proprietary product, material, or service. Occasionally, 
effective communication of results by NIST to the scientific community 
requires that a proprietary instrument, product, or material be 
identified in an NIST publication. Reference in an NIST publication, 
report, or other document to a proprietary item does not constitute 
endorsement or approval of that item and such reference should not be 
used in any way apart from the context of the NIST publication, report, 
or document without the advance express written consent of NIST.