16 CFR §1633.5
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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;
- (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. The tested specimen must meet the criteria under § 1633.3(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), 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).
- (2)If a confirmation test specimen fails to meet the criteria of § 1633.3(b), the manufacturer thereof must notify the manufacturer of the prototype of the test failure.