§ 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.