[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1611.38]

[Page 630]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1611_STANDARD FOR THE FLAMMABILITY OF VINYL PLASTIC FILM--Table 
of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1611.38  Maintenance of records by those furnishing guaranties.

    (a) In order to properly administer and enforce section 8 of the act 
relating to guaranties, it is required that any person furnishing either 
a separate or continuing guaranty who has made the tests prescribed by 
the act and regulations shall keep and maintain records of such tests. 
The records to be maintained shall show:
    (1) The style or range number, fiber composition, construction and 
finish type of each textile fabric and each textile fabric (including 
those with a nitro-cellulose fiber, finish or coating) used or contained 
in an article of wearing apparel covered by the guaranty, including a 
swatch of the fabric tested.
    (2) The stock or formula number, color, thickness and general 
description of each film or film used in an article of wearing apparel 
covered by the guaranty, including a sample of the film tested.
    (3) The results of the actual tests made on the textile fabric and 
film or the fabric and film used or contained in an article of wearing 
apparel.
    (b) Persons furnishing guaranties based upon class tests shall 
maintain records showing:
    (1) Identification of the class test.
    (2) Fiber composition, construction and finish type of the fabrics, 
or the fabrics used or contained in articles of wearing apparel so 
guaranteed.
    (3) A swatch of each class of fabrics guaranteed.
    (c) Persons furnishing guaranties based upon guaranties received by 
them shall maintain records showing:
    (1) The guaranty received and identification of the fabrics or 
fabrics contained in articles of wearing apparel guaranteed in turn by 
them.
    (2) [Reserved]
    (d) The records referred to in this section shall be preserved for a 
period of three years from the date the tests were performed, or in the 
case of paragraph (c) of this section the guaranties were furnished.
    (e) Any person furnishing a guaranty under section 8(a) of the act 
who neglects or refuses to maintain and preserve the records prescribed 
in this section shall be deemed to have furnished a false guaranty under 
the provisions of section 8(b) of the act.