42 U.S.C. § 4909

Prohibited acts

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(a) Except as otherwise provided in subsection (b), 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), 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) 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, § 10, Oct. 27, 1972, 86 Stat. 1242.)

Notes of Decisions

Cited in 5 cases, 1979–2017 · leading case: Atlas Copco, Inc. v. Env't Prot. Agency, 642 F.2d 458 (D.C. Cir. 1980).

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Atlas Copco, Inc. v. Env't Prot. Agency, 642 F.2d 458 (D.C. Cir. 1980). · cites it 3× “55-1 (1977), stem from § 10, 42 U.S.C. § 4909 (1976), and others, 40 C.”

Rivera-Colón v. Torres-Díaz, 252 F. Supp. 3d 68 (D.P.R. 2017). · cites it 3× “42 U.S.C. § 4909 . The section dictates as follows: (1) no manufacturer may distribute a new product not in conformity with NCA’s noise emission standards; (2) no removal or disabling of any noise control device on a product regulated under the NCA’s noise emission standards;…”

Puerto Rico Ex Rel. Sec'y of Just. v. Rumsfeld, 180 F. Supp. 2d 145 (D.D.C. 2002). · cites it 2× “The Enforcement section permits criminal and civil penalties for violations of 42 U.S.C. § 4909 only (“Prohibited Acts section”).”

Chrysler Corp. v. Env't Prot. Agency, 600 F.2d 904 (D.C. Cir. 1979). “§§ 10(a)(1), (b), 42 U.S.C. §§ 4909 (a)(1), (b) (1976). . 39 FedReg.”

Atlas Copco, Inc. v. Env't Prot. Agency, 206 U.S. App. D.C. 53 (D.C. Cir. 1979). · cites it 3× “55-1 (1977), stem from § 10, 42 U.S.C. § 4909 (1976), and others, 40 C.”

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