
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: 42USC7671i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
              SUBCHAPTER VI--STRATOSPHERIC OZONE PROTECTION
 
Sec. 7671i. Nonessential products containing chlorofluorocarbons


(a) Regulations

    The Administrator shall promulgate regulations to carry out the 
requirements of this section within 1 year after November 15, 1990.

(b) Nonessential products

    The regulations under this section shall identify nonessential 
products that release class I substances into the environment (including 
any release occurring during manufacture, use, storage, or disposal) and 
prohibit any person from selling or distributing any such product, or 
offering any such product for sale or distribution, in interstate 
commerce. At a minimum, such prohibition shall apply to--
        (1) chlorofluorocarbon-propelled plastic party streamers and 
    noise horns,
        (2) chlorofluorocarbon-containing cleaning fluids for 
    noncommercial electronic and photographic equipment, and
        (3) other consumer products that are determined by the 
    Administrator--
            (A) to release class I substances into the environment 
        (including any release occurring during manufacture, use, 
        storage, or disposal), and
            (B) to be nonessential.

In determining whether a product is nonessential, the Administrator 
shall consider the purpose or intended use of the product, the 
technological availability of substitutes for such product and for such 
class I substance, safety, health, and other relevant factors.

(c) Effective date

    Effective 24 months after November 15, 1990, it shall be unlawful 
for any person to sell or distribute, or offer for sale or distribution, 
in interstate commerce any nonessential product to which regulations 
under subsection (a) of this section implementing subsection (b) of this 
section are applicable.

(d) Other products

    (1) Effective January 1, 1994, it shall be unlawful for any person 
to sell or distribute, or offer for sale or distribution, in interstate 
commerce--
        (A) any aerosol product or other pressurized dispenser which 
    contains a class II substance; or
        (B) any plastic foam product which contains, or is manufactured 
    with, a class II substance.

    (2) The Administrator is authorized to grant exceptions from the 
prohibition under subparagraph (A) of paragraph (1) where--
        (A) the use of the aerosol product or pressurized dispenser is 
    determined by the Administrator to be essential as a result of 
    flammability or worker safety concerns, and
        (B) the only available alternative to use of a class II 
    substance is use of a class I substance which legally could be 
    substituted for such class II substance.

    (3) Subparagraph (B) of paragraph (1) shall not apply to--
        (A) a foam insulation product, or
        (B) an integral skin, rigid, or semi-rigid foam utilized to 
    provide for motor vehicle safety in accordance with Federal Motor 
    Vehicle Safety Standards where no adequate substitute substance 
    (other than a class I or class II substance) is practicable for 
    effectively meeting such Standards.

(e) Medical devices

    Nothing in this section shall apply to any medical device as defined 
in section 7671(8) of this title.

(July 14, 1955, ch. 360, title VI, Sec. 610, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2664.)
