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forwarded to the Department. The re- A proposed standard that fulfills these quest shall contain the following infor- requirements may be submitted to the mation:

Department for further development. (1) The purpose and scope of a sug- (b) A proposed standard that meets gested standard.

the criteria set forth in paragraph (a) (2) A succinct statement of the need of this section, will be subjected to an for the suggested standard and why it is impartial technical review by an approdesirable that the standard be developed priate individual or agency (Government through the Department of Commerce or nongovernment, but not associated procedures.

with the proponent group). (3) A statement of reasons why the (c) A proposed standard may be made suggested standard would be in the pub- available for public comment and may be lic interest.

circulated by the Department to appro(4) Available technical data essential priate producers, distributors, users, conto the suggested standard and its fur- sumers, and other interested groups for ther development, such as physical,

consideration and comments. mechanical, chemical or performance re- (d) The proponent group, or techniquirements, and production figures for cal committee when appropriate, will the common stock varieties.

consider all comments and suggestions (5) Any other information which may received by the Department as a result be necessary as a basis for discussion by of any circulation, and will recommend others.

adjustments in the proposal that are (6) The names and addresses of the technically sound and that will secure members of the group making the re- the greatest acceptance of the standard quest if it is not a nationally recognized by the industry. group.

§ 10.3 Establishment of the Standard The initial request may be accompanied Review Committee. by a copy of a draft of the suggested

(a) The Department will establish a standard.

Standard Review Committee within a (b) If a request meeting the fore- reasonable time after receiving a progoing criteria is received by the Depart- posed standard as revised in light of ment and the Department determines comment. The Committee will be made that it would not be contrary to the pub- up of qualified representatives of prolic interest to develop a standard for the ducers, distributors, and consumers or product, the Department may initiate users of the product for which a standard the development of the standard by re- is sought and any other appropriate genquesting that a draft of the suggested 'eral interest groups. The Committee standard be prepared by an appropriate may remain in existence for a period technical committee, if one has not been necessary for the final development of submitted by the proponent group. the standard, or for 2 years, whichever § 10.2 Development of proposed stand

is less. Alternates to committee memard.

bers may be appointed by the Depart

ment if deemed necessary by the Com(a) The proposed standard as sub

mittee and the Department. mitted to the Department shall

(b) The Department shall be respon(1) Be based on adequate technical

sible for the organization of the Cominformation,

mittee and the procedures under which (2) Include performance criteria and

it functions. test procedures which are adequate and can be readily understood and ap

§ 10.4 Development of a recommended plied to products to determine con

standard. formance or nonconformance with the (a) The Standard Review Committee, standard by any competent testing lab- with the guidance and assistance of the oratory,

Department and, if appropriate, the (3) Be not contrary to the public technical reviewer designated under interest,

§ 10.2(b), shall review an adjusted pro(4) Be generally acceptable by the posed standard promptly, and, when the producers, distributors, consumers, and Committee finds that the proposal meets users of the product,

the requirements set forth in $ 10.2(a), it (5) Be technically sound, and,

may recommend the proposal for accep(6) Be in the proper form.

tance under $ 10.5.

(b) The business of a Standard Re- ported by a consensus, then it will be view Committee, except for the final rec- published as a product standard by the ommendation of a standard, shall be Department. (For the purpose of these conducted by majority vote of at least a procedures, consensus means general quorum. A quorum shall consist of at concurrence with no substantive objecleast two-thirds of the total membership tion deemed valid by the Department.) of the Committee. No standard may be

§ 10.6 Standing Committee for pubrecommended to the Department by the

lished product standard. Committee unless it has been approved by three-quarters of all the members of

(a) Prior to the printing of a product the Committee. A vote may be taken by

standard, the Department will appoint a letter, either by the Committee chairman

Standing Committee, which may include or by the Department.

members from the Standard Review (c) In recommending a standard to Committee, to receive and consider prothe Department for acceptance, the

posals to revise or amend the standard Standard Review Committee shall fur

in light of changing circumstances and nish a written report explaining the

to make appropriate recommendations principal issues before the Committee, if

to the Department. any, and outlining how any objections

(1) The Committee may be called upon were resolved or, if any objection re

to assist the Department in interpreting mains, providing a statement by the the standard. The members of a Standminority of the reasons for the objection ing Committee should be knowledgeable together with the Committee's reasons

about for rejecting such objection in making (i) The product or products covered its recommendations.

by the standard, $ 10.5 Procedure for acceptance of rec

(ii) The standard itself, and ommended standard.

(iii) Industry and trade practices re

lating to the standard. (a) Upon receipt from the Committee

(2) The membership of a Standing of a recommended standard and report,

Committee shall have an adequate balthe Department shall give appropriate

ance among producers, distributors, public notice and distribute the recom

users and consumers, and any other immended standard for acceptance un

portant interest such as State or Fedless

eral agencies, independent testing lab(1) Upon a showing by any member of

oratories, educational institutions, or the Committee who has voted to oppose the recommended standard on the basis

professional organizations.

(b) The appointments to the Standing of an unresolved objection, the Department determines that if such objection

Committee will be for a maximum term

of 5 years. However, the Committee were not resolved, the recommended standard

may be reconstituted by the Department,

whenever necessary to meet changing (i) Would be contrary to the public

situations. interest, if published;

(c) The procedures, organization, and (ii) Would be technically inadequate;

functions of a Standing Committee may or

be fixed by the Department. (iii) Would be inconsistent with law or established public policy.

§ 10.7 Publication of standard. (2) The Department determines that (a) A standard published by the Deall criteria and procedures set forth here- partment under these procedures is a in have not been met satisfactorily or voluntary standard and thus by itself that there is legal objection to the rec- has no mandatory or legally-binding ommended standard.

effect. Any person may choose to use (b) Distribution for acceptance will or not to use such a standard. be made to a list compiled by the Depart- (b) A publication fee will be charged ment, which shall be representative of to the sponsoring group, as appropriate, producers, distributors, users, consumers, to cover the initial publication expenses appropriate testing laboratories, and in- incurred by the Government Printing terested State and Federal agencies, and Office in printing the final standard as to any others upon request.

issued by the Department. This fee will (c) The Department will analyze the entitle the sponsoring group to one thouresponses and if such analysis indicates sand copies of the standard. Additional that the recommended standard is sup- copies will be sold by the Public Printer


in accordance with the Government printing laws and regulations. § 10.8 Reference to a standard.

Appropriate reference in contracts, codes, advertising, invoices, announcements, product labels, and the like, may be made to a standard published under these procedures. Such reference shall be in accordance with such policies as the Department may establish. § 10.9 Revision or amendment of a

standard. (a) A published standard shall require revision when any of its basic or substantive provisions are determined to be inadequate by its Standing Committee or by the Department for one or more of the following reasons or for other appropriate reasons:

(1) Any portion of the standard is obsolete, technically inadequate, or no longer acceptable to or used by the industry.

(2) The standard or any part of it is being used to mislead consumers or is found to be against the best interests of consumers.

(3) The standard is being used to control or limit production, to set prices, to create undue artificial economic advantages for one part of the industry in relation to another, or otherwise to constitute an unreasonable restraint of trade or create illegal dominance in the industry.

(b) Each suggestion for revision shall be referred to the Standing Committee for appropriate consideration. The processing of a suggested revision is the same as for the development of a new standard under these procedures and the Standing Committee serves the same functions as the Standard Review Committee in the process.

(c) Each standard will be reviewed within 5 years after initial issuance or last revision. Minor technical amendments may be published, at the discretion of the Department, upon the general concurrence of the Standing Committee. § 10.10

Withdrawal of published standard. (a) Any standard published under these or any previous procedures may be withdrawn by the Department at any time upon reasonable public notice if the standard is obsolete, technically inadequate, no longer acceptable to and used by the industry, contrary to law, not in the public interest, or for other reasons, and revision is not feasible or would serve no useful purpose.

(b) Before withdrawing a published standard the Department will review with the Standing Committee for that standard, if such a committee exists, the relative advantages and disadvantages of revision or amendment, development of a new standard, or withdrawal.

(c) Adequate public notice of intent to withdraw an existing standard will be given and all previous acceptors of the standard will be notified of this intent. Withdrawal terminates the authority to refer to the published standard as a commodity or a product standard developed under Department of Commerce procedures, from the effective date of the withdrawal. $ 10.11 Effect of procedures

These procedures, effective upon issuance, supersede all commodity standards procedures previously issued by the Department of Commerce or any of its offices or bureaus, but current commodity standards published under any such superseded procedures will remain in effect.


Subtitle B-Regulations Relating to

Commerce and Foreign Trade

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