Title 42The Public Health and WelfareRelease 119-73

§7671 Definitions

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER VI— - STRATOSPHERIC OZONE PROTECTION › § 7671

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in the rules about chemicals that hurt the ozone layer. Appliance means a device that uses a class I or II refrigerant for homes or businesses, like air conditioners, refrigerators, chillers, or freezers. Baseline year is 1986 for class I substances in Groups I–II, 1989 for class I substances in Groups III–V, and a representative year picked by the Administrator for any substance added later or for class II substances. Class I substance and Class II substance are the chemicals the law lists as class I or class II. Commissioner means the FDA Commissioner. Consumption means what is made in the U.S. plus what is imported, minus what is exported to Parties to the Montreal Protocol, and is measured to match that treaty. Import means bringing or trying to bring something into the United States or any place under U.S. control. Medical device means a device, diagnostic, drug, or drug-delivery system that uses a class I or II substance when no safe alternative exists and that the FDA Commissioner, after public notice and consultation with the Administrator, approves as essential. Montreal Protocol means the international treaty on substances that deplete the ozone layer, including adjustments and amendments in force. Ozone-depletion potential is a number the Administrator sets to compare how much a substance harms ozone to CFC–11, based on things like how long it lasts in the atmosphere and how it breaks down. Produce/produced/production means making a substance from raw materials, but does not include making a substance that is entirely used up to make other chemicals or the reuse or recycling of a substance.

Full Legal Text

Title 42, §7671

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

As used in this subchapter—
(1)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)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)The term “class I substance” means each of the substances listed as provided in section 7671a(a) of this title.
(4)The term “class II substance” means each of the substances listed as provided in section 7671a(b) of this title.
(5)The term “Commissioner” means the Commissioner of the Food and Drug Administration.
(6)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)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)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in par. (8), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73