
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: 42USC7671j]

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


(a) Regulations

    The Administrator shall promulgate regulations to implement the 
labeling requirements of this section within 18 months after November 
15, 1990, after notice and opportunity for public comment.

(b) Containers containing class I or class II substances and products 
        containing class I substances

    Effective 30 months after November 15, 1990, no container in which a 
class I or class II substance is stored or transported, and no product 
containing a class I substance, shall be introduced into interstate 
commerce unless it bears a clearly legible and conspicuous label 
stating:
        ``Warning: Contains [insert name of substance], a substance 
    which harms public health and environment by destroying ozone in the 
    upper atmosphere''.

(c) Products containing class II substances

    (1) After 30 months after November 15, 1990, and before January 1, 
2015, no product containing a class II substance shall be introduced 
into interstate commerce unless it bears the label referred to in 
subsection (b) of this section if the Administrator determines, after 
notice and opportunity for public comment, that there are substitute 
products or manufacturing processes (A) that do not rely on the use of 
such class II substance, (B) that reduce the overall risk to human 
health and the environment, and (C) that are currently or potentially 
available.
    (2) Effective January 1, 2015, the requirements of subsection (b) of 
this section shall apply to all products containing a class II 
substance.

(d) Products manufactured with class I and class II substances

    (1) In the case of a class II substance, after 30 months after 
November 15, 1990, and before January 1, 2015, if the Administrator, 
after notice and opportunity for public comment, makes the determination 
referred to in subsection (c) of this section with respect to a product 
manufactured with a process that uses such class II substance, no such 
product shall be introduced into interstate commerce unless it bears a 
clearly legible and conspicuous label stating:
        ``Warning: Manufactured with [insert name of substance], a 
    substance which harms public health and environment by destroying 
    ozone in the upper atmosphere'' \1\
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    \1\ So in original. Probably should be followed by a period.

    (2) In the case of a class I substance, effective 30 months after 
November 15, 1990, and before January 1, 2015, the labeling requirements 
of this subsection shall apply to all products manufactured with a 
process that uses such class I substance unless the Administrator 
determines that there are no substitute products or manufacturing 
processes that (A) do not rely on the use of such class I substance, (B) 
reduce the overall risk to human health and the environment, and (C) are 
currently or potentially available.

(e) Petitions

    (1) Any person may, at any time after 18 months after November 15, 
1990, petition the Administrator to apply the requirements of this 
section to a product containing a class II substance or a product 
manufactured with a class I or II substance which is not otherwise 
subject to such requirements. Within 180 days after receiving such 
petition, the Administrator shall, pursuant to the criteria set forth in 
subsection (c) of this section, either propose to apply the requirements 
of this section to such product or publish an explanation of the 
petition denial. If the Administrator proposes to apply such 
requirements to such product, the Administrator shall, by rule, render a 
final determination pursuant to such criteria within 1 year after 
receiving such petition.
    (2) Any petition under this paragaph \2\ shall include a showing by 
the petitioner that there are data on the product adequate to support 
the petition.
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    \2\ So in original. Probably should be ``paragraph''.
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    (3) If the Administrator determines that information on the product 
is not sufficient to make the required determination the Administrator 
shall use any authority available to the Administrator under any law 
administered by the Administrator to acquire such information.
    (4) In the case of a product determined by the Administrator, upon 
petition or on the Administrator's own motion, to be subject to the 
requirements of this section, the Administrator shall establish an 
effective date for such requirements. The effective date shall be 1 year 
after such determination or 30 months after November 15, 1990, whichever 
is later.
    (5) Effective January 1, 2015, the labeling requirements of this 
subsection \3\ shall apply to all products manufactured with a process 
that uses a class I or class II substance.
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    \3\ So in original. Probably should be ``section''.
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(f) Relationship to other law

    (1) The labeling requirements of this section shall not constitute, 
in whole or part, a defense to liability or a cause for reduction in 
damages in any suit, whether civil or criminal, brought under any law, 
whether Federal or State, other than a suit for failure to comply with 
the labeling requirements of this section.
    (2) No other approval of such label by the Administrator under any 
other law administered by the Administrator shall be required with 
respect to the labeling requirements of this section.

(July 14, 1955, ch. 360, title VI, Sec. 611, as added Pub. L. 101-549, 
title VI, Sec. 602(a), Nov. 15, 1990, 104 Stat. 2665.)
