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U.S. Code as of:
01/19/04
Section 7671i. Nonessential products containing chlorofluorocarbons
(a) Regulations
The Administrator shall promulgate regulations to carry out the
requirements of this section within 1 year after November 15, 1990.
(b) Nonessential products
The 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) of this section implementing
subsection (b) of this section 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.
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