[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4909]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 4909. Prohibited acts
(a) Except as otherwise provided in subsection (b) of this section,
the following acts or the causing thereof are prohibited:
(1) 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.
(2)(A) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(b)(1) 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)
of this section, upon such terms and conditions as he may find necessary
to protect the public health or welfare.
(2) Paragraphs (1), (2), (3), and (4) of subsection (a) of this
section 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.
(Pub. L. 92-574, Sec. 10, Oct. 27, 1972, 86 Stat. 1242.)
Section Referred to in Other Sections
This section is referred to in sections 4910, 4911, 4916, 4917 of
this title.