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U.S. Code as of:
01/19/04
Section 7671. Definitions
As used in this subchapter -
(1) Appliance
The term "appliance" means any device which contains and uses a
class I or class II substance as a refrigerant and which is used
for household or commercial purposes, including any air
conditioner, refrigerator, chiller, or freezer.
(2) Baseline year
The term "baseline year" means -
(A) the calendar year 1986, in the case of any class I
substance listed in Group I or II under section 7671a(a) of
this title,
(B) the calendar year 1989, in the case of any class I
substance listed in Group III, IV, or V under section 7671a(a)
of this title, and
(C) a representative calendar year selected by the
Administrator, in the case of -
(i) any substance added to the list of class I substances
after the publication of the initial list under section
7671a(a) of this title, and
(ii) any class II substance.
(3) Class I substance
The term "class I substance" means each of the substances
listed as provided in section 7671a(a) of this title.
(4) Class II substance
The term "class II substance" means each of the substances
listed as provided in section 7671a(b) of this title.
(5) Commissioner
The term "Commissioner" means the Commissioner of the Food and
Drug Administration.
(6) Consumption
The term "consumption" means, with respect to any substance,
the amount of that substance produced in the United States, plus
the amount imported, minus the amount exported to Parties to the
Montreal Protocol. Such term shall be construed in a manner
consistent with the Montreal Protocol.
(7) Import
The term "import" means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce into, any
place subject to the jurisdiction of the United States, whether
or not such landing, bringing, or introduction constitutes an
importation within the meaning of the customs laws of the United
States.
(8) Medical device
The term "medical device" means any device (as defined in the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), diagnostic
product, drug (as defined in the Federal Food, Drug, and Cosmetic
Act), and drug delivery system -
(A) if such device, product, drug, or drug delivery system
utilizes a class I or class II substance for which no safe and
effective alternative has been developed, and where necessary,
approved by the Commissioner; and
(B) if such device, product, drug, or drug delivery system,
has, after notice and opportunity for public comment, been
approved and determined to be essential by the Commissioner in
consultation with the Administrator.
(9) Montreal Protocol
The terms "Montreal Protocol" and "the Protocol" mean the
Montreal Protocol on Substances that Deplete the Ozone Layer, a
protocol to the Vienna Convention for the Protection of the Ozone
Layer, including adjustments adopted by Parties thereto and
amendments that have entered into force.
(10) Ozone-depletion potential
The term "ozone-depletion potential" means a factor established
by the Administrator to reflect the ozone-depletion potential of
a substance, on a mass per kilogram basis, as compared to
chlorofluorocarbon-11 (CFC-11). Such factor shall be based upon
the substance's atmospheric lifetime, the molecular weight of
bromine and chlorine, and the substance's ability to be
photolytically disassociated, and upon other factors determined
to be an accurate measure of relative ozone-depletion potential.
(11) Produce, produced, and production
The terms "produce", "produced", and "production", refer to the
manufacture of a substance from any raw material or feedstock
chemical, but such terms do not include -
(A) the manufacture of a substance that is used and entirely
consumed (except for trace quantities) in the manufacture of
other chemicals, or
(B) the reuse or recycling of a substance.
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