
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC360oo]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                     SUBCHAPTER V--DRUGS AND DEVICES
 
              Part C--Electronic Product Radiation Control
 
Sec. 360oo. Prohibited acts

    (a) It shall be unlawful--
        (1) for any manufacturer to introduce, or to deliver for 
    introduction, into commerce, or to import into the United States, 
    any electronic product which does not comply with an applicable 
    standard prescribed pursuant to section 360kk of this title;
        (2) for any person to fail to furnish any notification or other 
    material or information required by section 360ll or 360nn of this 
    title; or to fail to comply with the requirements of section 
    360ll(f) of this title;
        (3) for any person to fail or to refuse to establish or maintain 
    records required by this part or to permit access by the Secretary 
    or any of his duly authorized representatives to, or the copying of, 
    such records, or to permit entry or inspection, as required by or 
    pursuant to section 360nn of this title;
        (4) for any person to fail or to refuse to make any report 
    required pursuant to section 360nn(b) of this title or to furnish or 
    preserve any information required pursuant to section 360nn(f) of 
    this title; or
        (5) for any person (A) to fail to issue a certification as 
    required by section 360kk(h) of this title, or (B) to issue such a 
    certification when such certification is not based upon a test or 
    testing program meeting the requirements of section 360kk(h) of this 
    title or when the issuer, in the exercise of due care, would have 
    reason to know that such certification is false or misleading in a 
    material respect.

    (b) The Secretary may exempt any electronic product, or class 
thereof, from all or part of subsection (a) of this section, upon such 
conditions as he may find necessary to protect the public health or 
welfare, for the purpose of research, investigations, studies, 
demonstrations, or training, or for reasons of national security.

(June 25, 1938, ch. 675, Sec. 538, formerly act July 1, 1944, ch. 373, 
title III, Sec. 538, formerly Sec. 360B, as added Pub. L. 90-602, 
Sec. 2(3), Oct. 18, 1968, 82 Stat. 1184; renumbered Sec. 538 and amended 
Pub. L. 101-629, Sec. 19(a)(1)(B), (2)(F), (3), (4), Nov. 28, 1990, 104 
Stat. 4529, 4530; Pub. L. 103-80, Sec. 4(a)(2), Aug. 13, 1993, 107 Stat. 
779.)

                          Codification

    Section was classified to section 263j of Title 42, The Public 
Health and Welfare, prior to renumbering by Pub. L. 101-629.


                               Amendments

    1993--Pub. L. 103-80 amended directory language of Pub. L. 101-629, 
Sec. 19(a)(4), which renumbered section 263j of Title 42, The Public 
Health and Welfare, as this section.
    1990--Subsec. (a)(1). Pub. L. 101-629, Sec. 19(a)(2)(F)(i), 
substituted ``section 360kk'' for ``section 263f''.
    Subsec. (a)(2). Pub. L. 101-629, Sec. 19(a)(2)(F)(ii), (iii), 
substituted ``section 360ll or 360nn'' for ``section 263g or 263i'' and 
``section 360ll(f)'' for ``section 263g(f)''.
    Subsec. (a)(3). Pub. L. 101-629, Sec. 19(a)(1)(B), (2)(F)(iii), 
substituted ``this part'' for ``this subpart'' and ``section 360nn'' for 
``section 263i''.
    Subsec. (a)(4). Pub. L. 101-629, Sec. 19(a)(2)(F)(iii), substituted 
``section 360nn(b)'' for ``section 263i(b)'' and ``section 360nn(f)'' 
for ``section 263i(f)''.
    Subsec. (a)(5). Pub. L. 101-629, Sec. 19(a)(2)(F)(i), substituted 
``section 360kk(h)'' for ``section 263f(h)'' in two places.


               Noninterference With Other Federal Agencies

    Enactment of this section not to be construed to supersede or limit 
the functions under any other provision of law of any officer or agency 
of the United States, see section 4 of Pub. L. 90-602, set out as a note 
under section 360hh of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 360pp of this title.
