42 U.S.C. § 4907 — Labeling
submitted 54 years ago by Pub. L. 92-574 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 221 words · no verdicts yet
The Administrator must identify products that make harmful noise or are sold for reducing noise and require notices about their noise level or noise-reduction effectiveness. States may regulate labeling when their rules do not conflict with the Federal regulations.
(a) Regulations. By regulation, the Administrator* must designate any product* or class of products that either emits noise capable of harming public health or welfare, or is sold wholly or partly because it reduces noise.
(b) Notice method, form, and measurements. For each designated product or class, the Administrator must require by regulation that the prospective user be told the product’s noise level or, as applicable, how effective it is at reducing noise. The regulations must specify:
(1) whether, when the product is sold to the ultimate purchaser*, the notice must be attached to the product, attached to the outside of its container, attached to both, or given to the prospective user in another way;
(2) the notice’s form; and
(3) the measurement methods and units to use.
Section 4905(c)(2) applies when a regulation is prescribed under this section.
(c) State* regulation of product labeling. This section does not stop a State or its political subdivision from regulating product labeling or product information in a way that does not conflict with the Administrator’s regulations under this section.
The Administrator* shall by regulation designate any product* (or class thereof)—
which emits noise capable of adversely affecting the public health or welfare; or
which is sold wholly or in part on the basis of its effectiveness in reducing noise.
For each product (or class thereof) designated under subsection (a) the Administrator shall by regulation require that notice be given to the prospective user of the level of the noise the product emits, or of its effectiveness in reducing noise, as the case may be. Such regulations shall specify (1) whether such notice shall be affixed to the product or to the outside of its container, or to both, at the time of its sale to the ultimate purchaser* or whether such notice shall be given to the prospective user in some other manner, (2) the form of the notice, and (3) the methods and units of measurement to be used. Section 4905(c)(2) of this title shall apply to the prescribing of any regulation under this section.
This section does not prevent any State or political subdivision thereof from regulating product labeling or information respecting products in any way not in conflict with regulations prescribed by the Administrator under this section.
Source credit: (Pub. L. 92–574, § 8, Oct. 27, 1972, 86 Stat. 1241.)
- 1972Enacted · Pub. L. 92-574 · 86 Stat. 1241
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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