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U.S. Code as of:
01/19/04
Section 4909. Prohibited acts
(a) Except as otherwise provided in subsection (b) of this
section, 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) of this section, 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) of this
section 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.
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