Title 42The Public Health and WelfareRelease 119-73

§4909 Prohibited acts

Title 42 › Chapter CHAPTER 65— - NOISE CONTROL › § 4909

Last updated Apr 6, 2026|Official source

Summary

It is illegal to sell, import, or change new products in ways that break safety, noise, or labeling rules. Manufacturers must not put new products on the market after a rule takes effect unless the products follow that rule. Nobody may remove or disable required safety devices or design features—except for maintenance, repair, or replacement—and no one may use a product after its safety device has been removed or turned off. The rule also bars selling new products that lack required noise information, removing required labels before sale, importing new products that violate import rules, or refusing to follow certain required reports and other duties. The Administrator may allow short, temporary exceptions for research, testing, training, demonstrations, or national security, if needed to protect public health. Products made only for use outside any State and clearly labeled that way are generally not covered by some of these bans unless they are actually sold for use inside a State.

Full Legal Text

Title 42, §4909

The Public Health and Welfare — Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4909

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73