---
kind: "section"
citation: "16 C.F.R. § 1611.38"
title: "16"
number: "1611.38"
heading: "Maintenance of records by those furnishing guaranties."
url: "https://uscodex.org/cfr/16/1611.38"
---

# §1611.38. Maintenance of records by those furnishing guaranties.

- (a) In order to properly administer and enforce [section 8](/cfr/16/8.md) 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)](#c) of this section the guaranties were furnished.
- (e) Any person furnishing a guaranty under [section 8(a)](/cfr/16/8.md?p=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)](/cfr/16/8.md?p=b) of the act.

## Notes

### Authority

Authority: Sec. 5, 15 U.S.C. 1194.

### Source

Source: 40 FR 59898, Dec. 30, 1975, unless otherwise noted.