Title 42The Public Health and WelfareRelease 119-73

§7671i Nonessential products containing chlorofluorocarbons

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

Last updated Apr 6, 2026|Official source

Summary

The Administrator must write rules within 1 year after November 15, 1990. The rules must name nonessential products that release class I substances (including releases during making, use, storage, or throwing away) and ban selling, offering for sale, or distributing those products across state lines. At a minimum the ban must cover CFC-propelled party streamers and noise horns, CFC cleaning fluids for noncommercial electronic and photographic equipment, and any other consumer products the Administrator finds both release class I substances and are nonessential. The ban on those listed nonessential products starts 24 months after November 15, 1990. Starting January 1, 1994, it is illegal to sell, offer, or distribute across state lines any aerosol or pressurized dispenser that contains a class II substance or any plastic foam that contains or is made with a class II substance. The Administrator can allow limited exceptions for aerosols if needed for fire or worker safety and if the only alternative would be a class I substance that could legally be used. The foam ban does not apply to foam insulation or certain motor vehicle safety foams when no practical substitute (other than a class I or class II) exists. Medical devices defined in the law are not covered.

Full Legal Text

Title 42, §7671i

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

(a)The Administrator shall promulgate regulations to carry out the requirements of this section within 1 year after November 15, 1990.
(b)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.
(c)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) implementing subsection (b) are applicable.
(d)(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)Nothing in this section shall apply to any medical device as defined in section 7671(8) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7671i

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73