Legislation
SECTION 505
Guaranty
General Business (GBS) CHAPTER 20, ARTICLE 29
§ 505. Guaranty. 1. No person shall be subject to prosecution under
section five hundred one of this article if such person (1) establishes
a guaranty received in good faith signed by and containing the name and
address of the person residing in the United States 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 under the procedures provided in section five hundred two of this
article show that the product, fabric or related material covered by the
guaranty, or used in the product, fabric or related material covered by
the guaranty, is not, under the provisions of section five hundred two
of this article, so highly flammable as to be dangerous when worn or
used by individuals, and (2) has not, by further processing, affected
the flammability of the product, fabric or related material covered by
the guaranty which he received. Such guaranty shall be either (a) 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; or (b)
a continuing guaranty filed with the department or with the federal
trade commission applicable to any product, fabric or related material
handled by a guarantor, in such form as the department or the federal
trade commission by rules or regulations may prescribe; or (c) 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 department or the federal trade commission by rules or
regulations may prescribe.
2. The furnishing with respect to any product, fabric or related
material, of a false guaranty, except by a person relying upon a
guaranty to the same effect received in good faith and signed by and
containing the name and address of the person residing in the United
States 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, is unlawful.
section five hundred one of this article if such person (1) establishes
a guaranty received in good faith signed by and containing the name and
address of the person residing in the United States 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 under the procedures provided in section five hundred two of this
article show that the product, fabric or related material covered by the
guaranty, or used in the product, fabric or related material covered by
the guaranty, is not, under the provisions of section five hundred two
of this article, so highly flammable as to be dangerous when worn or
used by individuals, and (2) has not, by further processing, affected
the flammability of the product, fabric or related material covered by
the guaranty which he received. Such guaranty shall be either (a) 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; or (b)
a continuing guaranty filed with the department or with the federal
trade commission applicable to any product, fabric or related material
handled by a guarantor, in such form as the department or the federal
trade commission by rules or regulations may prescribe; or (c) 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 department or the federal trade commission by rules or
regulations may prescribe.
2. The furnishing with respect to any product, fabric or related
material, of a false guaranty, except by a person relying upon a
guaranty to the same effect received in good faith and signed by and
containing the name and address of the person residing in the United
States 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, is unlawful.