U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER VI— STRATOSPHERIC OZONE PROTECTION

42 U.S.C. § 7671i

Nonessential products containing chlorofluorocarbons

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(a) Regulations

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

(b) Nonessential productsThe 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) implementing subsection (b) 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, § 610, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2664.)
Notes of Decisions
Cited in 4 cases, 1998–2007 · leading case: Pound v. Airosol Co., Inc., 498 F.3d 1089 (10th Cir. 2007).
Sort: Relevance Newest Treatment
Pound v. Airosol Co., Inc., 498 F.3d 1089 (10th Cir. 2007). · cites it 2× “" 42 U.S.C. § 7671i(d)(1)(A); see also 40 C.”
Olson v. Snap Prods., Inc., 29 F. Supp. 2d 1027 (D. Minnesota 1998). “See, Title 42 U.S.C. § 7671i(d)(l)(A). As a consequence, Snap was required to develop a third generation fix a flat product.”
Pound v. Airosol Co., Inc., 316 F. Supp. 2d 1079 (D. Kan. 2004). · cites it 3× “• 42 U.S.C. § 7671i(d)(2). A distributor or seller of a product prohibited by the class II ban may also qualify for a temporary product reformulation exemption.”
Pound v. Airosol Co., Inc., 440 F. Supp. 2d 1241 (D. Kan. 2006). “” 42 U.S.C. § 7671i(d)(l)(A); see also 40 C.”
— 42 U.S.C. § 7671i(d)(1)(A) — 1 case
Pound v. Airosol Co., Inc., 498 F.3d 1089 (10th Cir. 2007). “" 42 U.S.C. § 7671i(d)(1)(A); see also 40 C.”
— 42 U.S.C. § 7671i(d)(2) — 1 case
Pound v. Airosol Co., Inc., 316 F. Supp. 2d 1079 (D. Kan. 2004). “• 42 U.S.C. § 7671i(d)(2). A distributor or seller of a product prohibited by the class II ban may also qualify for a temporary product reformulation exemption.”
— 42 U.S.C. § 7671i(d)(l)(A) — 3 cases
Olson v. Snap Prods., Inc., 29 F. Supp. 2d 1027 (D. Minnesota 1998). “See, Title 42 U.S.C. § 7671i(d)(l)(A). As a consequence, Snap was required to develop a third generation fix a flat product.”
Pound v. Airosol Co., Inc., 316 F. Supp. 2d 1079 (D. Kan. 2004). “• 42 U.S.C. § 7671i(d)(2). A distributor or seller of a product prohibited by the class II ban may also qualify for a temporary product reformulation exemption.”
Pound v. Airosol Co., Inc., 440 F. Supp. 2d 1241 (D. Kan. 2006). “” 42 U.S.C. § 7671i(d)(l)(A); see also 40 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.