[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.

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