42 U.S.C. § 4909 — Prohibited acts
submitted 54 years ago by Pub. L. 92-574 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 417 words · no verdicts yet
This section prohibits specified conduct involving regulated products, noise notices, imports, and required information. It allows limited exemptions for research, training, demonstrations, national security, and products made solely for use outside a State.
(a) Prohibited acts. Unless subsection (b) provides otherwise, the following acts, or causing them, are prohibited:
(1) A manufacturer* may not distribute in commerce* a new product* made after the effective date of an applicable regulation under section 4905, unless the product* conforms to that regulation.
(2) Before a product is sold or delivered to the ultimate purchaser*, or while it is being used:
(A) no person* may remove or disable, except for maintenance, repair, or replacement, a device or design element installed in the product to comply with section 4905 regulations; and
(B) no person may use the product after anyone has removed or disabled that device or design element.
(3) A manufacturer may not distribute in commerce* a new product made after the effective date of an applicable section 4907(b) regulation requiring noise information, unless the product conforms to that regulation.
(4) Before a product is sold to the ultimate purchaser, no person may remove a notice attached to the product or its container under a section 4907(b) regulation.
(5) No person may import into the United States a new product in violation of an applicable regulation under section 4908.
(6) No person may fail or refuse to comply with section 4910(d) or 4912(a), or with regulations under section 4912(a), 4916, or 4917.
(b) Exceptions.
(1) For research, investigations, studies, demonstrations, training, or national security, the Administrator* may exempt a product or class of products from paragraphs (1), (2), (3), and (5) of subsection (a) for a specified period. The Administrator may impose the terms and conditions the Administrator considers necessary to protect public health or welfare.
(2) Paragraphs (1), (2), (3), and (4) of subsection (a) do not apply to a product made solely for use outside any State* if the product and its container are labeled or otherwise marked to show that purpose. Those paragraphs do apply if the product is actually distributed in commerce for use in any State.
Except as otherwise provided in subsection (b), the following acts or the causing thereof are prohibited:
In the case of a manufacturer*, to distribute in commerce* any new product* manufactured after the effective date of a regulation prescribed under section 4905 of this title which is applicable to such product*, except in conformity with such regulation.
The removal or rendering inoperative by any person*, other than for purposes of maintenance, repair, or replacement, of any device or element of design incorporated into any product in compliance with regulations under section 4905 of this title, prior to its sale or delivery to the ultimate purchaser* or while it is in use, or (B) the use of a product after such device or element of design has been removed or rendered inoperative by any person.
In the case of a manufacturer, to distribute in commerce* any new product manufactured after the effective date of a regulation prescribed under section 4907(b) of this title (requiring information respecting noise) which is applicable to such product, except in conformity with such regulation.
The removal by any person of any notice affixed to a product or container pursuant to regulations prescribed under section 4907(b) of this title, prior to sale of the product to the ultimate purchaser.
The importation into the United States by any person of any new product in violation of a regulation prescribed under section 4908 of this title which is applicable to such product.
The failure or refusal by any person to comply with any requirement of section 4910(d) or 4912(a) of this title or regulations prescribed under section 4912(a), 4916, or 4917 of this title.
For the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security, the Administrator* may exempt for a specified period of time any product, or class thereof, from paragraphs (1), (2), (3), and (5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare.
Paragraphs (1), (2), (3), and (4) of subsection (a) shall not apply with respect to any product which is manufactured solely for use outside any State* and which (and the container of which) is labeled or otherwise marked to show that it is manufactured solely for use outside any State; except that such paragraphs shall apply to such product if it is in fact distributed in commerce for use in any State.
Source credit: (Pub. L. 92–574, § 10, Oct. 27, 1972, 86 Stat. 1242.)
- 1972Enacted · Pub. L. 92-574 · 86 Stat. 1242
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-574 on 1972-10-27.
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