
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
