---
kind: "section"
citation: "16 C.F.R. § 1633.5"
title: "16"
number: "1633.5"
heading: "Prototype pooling and confirmation testing requirements."
url: "https://uscodex.org/cfr/16/1633.5"
---

# §1633.5. Prototype pooling and confirmation testing requirements.

- (a) **Prototype pooling.** One or more manufacturers may rely on a qualified prototype produced by another manufacturer or prototype developer provided that:
  - (1) The prototype meets the requirements of [§ 1633.4](/cfr/16/1633.4.md);
  - (2) The mattress sets being produced are the same as the qualified prototype with respect to materials, components, design and methods of assembly; and
  - (3) The manufacturer producing mattress sets in reliance on a qualified prototype has performed a confirmation test on at least one (1) Specimen of the mattress set it produces in accordance with [§ 1633.7](/cfr/16/1633.7.md). The tested specimen must meet the criteria under [§ 1633.3(b)](/cfr/16/1633.3.md?p=b) before any mattress sets based on the qualified prototype may be sold or introduced into commerce.
- (b) **Confirmation test failure.**
  - (1) If the confirmation test specimen fails to meet the criteria of [§ 1633.3(b)](/cfr/16/1633.3.md?p=b), the manufacturer thereof shall not sell any mattress set based on the same qualified prototype until that manufacturer takes corrective measures, tests a new specimen, and the new specimen meets the criteria of [§ 1633.3(b)](/cfr/16/1633.3.md?p=b).
  - (2) If a confirmation test specimen fails to meet the criteria of [§ 1633.3(b)](/cfr/16/1633.3.md?p=b), the manufacturer thereof must notify the manufacturer of the prototype of the test failure.

## Notes

### Authority

Authority: 15 U.S.C. 1193, 1194

### Source

Source: 71 FR 13498, Mar. 15, 2006, unless otherwise noted.