Advisory opinion letter to Mr. Rockwett

ADVISORY OPINIONS WITH REQUESTS THEREFOR 1631 end it has directed its staff to commence an in depth study of the subject to determine whether it is possible for the Commission to make a meaningful contribution to the development of a satisfactory and legal program.

The Commission is not presently in possession of sufficient information to enable it to make all of the determinations essential to an evaluation of your program. Even if this information were furnished, the Commission feels that it would be inappropriate for it to act in this area until the results of its present study are known. It must, therefore, ~ decline to act at this time on your request for an advisory opinion.

By direction of the Commission.
First Opinion Letter
Decemper 29, 1970:
Dear Mr. Rockwett:

This is with further reference to your request for an advisory opinion regarding the general format of ANSI’s voluntary Certification Program. Based onthe information you have provided, it is the Commission’s understanding that any manufacturer of a product covered by an American National Standard, which standard lends itself to a certification procedure, may apply to ANSI to have the product certified as conforming to the standard. The fees for submittal of a product to be certified are designed to support the program but to avoid placing participating manufacturers at a disadvantage in competing with nonparticipating manufacturers. An independent qualified laboratory selected by the producer’s trade association, or by the producer, and approved by ANSI determines whether the product complies with the standard. An approved certification mark may be placed on products submitted which are found to comply. Also, a public information program to inform consumers regarding the ANSI certification and what it means is in use and periodically, a listing of products which have been certified as issued. To check on continued compliance of a certified product with the standard, there is continuing inspection and followup by the testing laboratory, using procedures tailored for each standard and administered by the appropriate trade association, all of which, however, is monitored by ANSI.

_ The Commission is of the view that an advisory opinion would be inappropriate in this matter inasmuch as an informed decision thereon could be made only after extensive investigation and collateral inquiry. In these circumstances, the request is inappropriate under Section

1.1(c) of the Commission’s rules. It also appears that the course of action is alr eady being followed. If this is the situation, the request for an advisory opinion is also inappropriate under Section 1.1(a) of

the rules.
By direction of the Commission.
Letter of. request
May 6, 1970