Title 42, The Public Health and WelfareRelease 119-102

§4909 Prohibited Acts

Title 42 › CHAPTER 65 — NOISE CONTROL › § 4909

Last updated Aug 21, 2026|Official source

Summary

The law makes certain acts illegal. Manufacturers must not sell or distribute any new product made after a regulation under section 4905 or section 4907(b) takes effect unless the product meets that rule. No one may remove or disable a device or design feature put in a product to meet those rules, except for maintenance, repair, or replacement, and no one may use a product after such a device has been removed. People may not remove required notices on a product before sale. Importing new products that violate a rule under section 4908 is also not allowed. People must follow the requirements in sections 4910(d), 4912(a), and the regulations under 4912(a), 4916, and 4917. The Administrator may, for a set time and with conditions to protect public health or welfare, exempt products or classes of products from paragraphs (1), (2), (3), and (5) for research, study, demonstrations, training, or national security. Paragraphs (1), (2), (3), and (4) do not apply to products made only for use outside any State if the product and its container are labeled as such, unless the product is actually sold for use in 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 42, The Public Health and Welfare

Last Updated

Aug 21, 2026

Release point: 119-102