
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7671]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671. Definitions

    As used in this subchapter--

                            (1) Appliance

        The term ``appliance'' means any device which contains and uses 
    a class I or class II substance as a refrigerant and which is used 
    for household or commercial purposes, including any air conditioner, 
    refrigerator, chiller, or freezer.

                          (2) Baseline year

        The term ``baseline year'' means--
            (A) the calendar year 1986, in the case of any class I 
        substance listed in Group I or II under section 7671a(a) of this 
        title,
            (B) the calendar year 1989, in the case of any class I 
        substance listed in Group III, IV, or V under section 7671a(a) 
        of this title, and
            (C) a representative calendar year selected by the 
        Administrator, in the case of--
                (i) any substance added to the list of class I 
            substances after the publication of the initial list under 
            section 7671a(a) of this title, and
                (ii) any class II substance.

                        (3) Class I substance

        The term ``class I substance'' means each of the substances 
    listed as provided in section 7671a(a) of this title.

                       (4) Class II substance

        The term ``class II substance'' means each of the substances 
    listed as provided in section 7671a(b) of this title.

                          (5) Commissioner

        The term ``Commissioner'' means the Commissioner of the Food and 
    Drug Administration.

                           (6) Consumption

        The term ``consumption'' means, with respect to any substance, 
    the amount of that substance produced in the United States, plus the 
    amount imported, minus the amount exported to Parties to the 
    Montreal Protocol. Such term shall be construed in a manner 
    consistent with the Montreal Protocol.

                             (7) Import

        The term ``import'' means to land on, bring into, or introduce 
    into, or attempt to land on, bring into, or introduce into, any 
    place subject to the jurisdiction of the United States, whether or 
    not such landing, bringing, or introduction constitutes an 
    importation within the meaning of the customs laws of the United 
    States.

                         (8) Medical device

        The term ``medical device'' means any device (as defined in the 
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic 
    product, drug (as defined in the Federal Food, Drug, and Cosmetic 
    Act), and drug delivery system--
            (A) if such device, product, drug, or drug delivery system 
        utilizes a class I or class II substance for which no safe and 
        effective alternative has been developed, and where necessary, 
        approved by the Commissioner; and
            (B) if such device, product, drug, or drug delivery system, 
        has, after notice and opportunity for public comment, been 
        approved and determined to be essential by the Commissioner in 
        consultation with the Administrator.

                        (9) Montreal Protocol

        The terms ``Montreal Protocol'' and ``the Protocol'' mean the 
    Montreal Protocol on Substances that Deplete the Ozone Layer, a 
    protocol to the Vienna Convention for the Protection of the Ozone 
    Layer, including adjustments adopted by Parties thereto and 
    amendments that have entered into force.

                   (10) Ozone-depletion potential

        The term ``ozone-depletion potential'' means a factor 
    established by the Administrator to reflect the ozone-depletion 
    potential of a substance, on a mass per kilogram basis, as compared 
    to chlorofluorocarbon-11 (CFC-11). Such factor shall be based upon 
    the substance's atmospheric lifetime, the molecular weight of 
    bromine and chlorine, and the substance's ability to be 
    photolytically disassociated, and upon other factors determined to 
    be an accurate measure of relative ozone-depletion potential.

               (11) Produce, produced, and production

        The terms ``produce'', ``produced'', and ``production'', refer 
    to the manufacture of a substance from any raw material or feedstock 
    chemical, but such terms do not include--
            (A) the manufacture of a substance that is used and entirely 
        consumed (except for trace quantities) in the manufacture of 
        other chemicals, or
            (B) the reuse or recycling of a substance.

(July 14, 1955, ch. 360, title VI, Sec. 601, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2649.)

                       References in Text

    The customs laws of the United States, referred to in par. (7), are 
classified generally to Title 19, Customs Duties.
    The Federal Food, Drug, and Cosmetic Act, referred to in par. (8), 
is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is 
classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food 
and Drugs. For complete classification of this Act to the Code, see 
section 301 of Title 21 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 7671a, 7671i of this title.
