42 U.S.C. § 7671j : US Code - Section 7671J: Labeling

Search 42 U.S.C. § 7671j : US Code - Section 7671J: Labeling

(a) Regulations
The Administrator shall promulgate regulations to implement the
labeling requirements of this section within 18 months after
November 15, 1990, after notice and opportunity for public comment.
(b) Containers containing class I or class II substances and
products containing class I substances
Effective 30 months after November 15, 1990, no container in
which a class I or class II substance is stored or transported, and
no product containing a class I substance, shall be introduced into
interstate commerce unless it bears a clearly legible and
conspicuous label stating:
"Warning: Contains [insert name of substance], a substance
which harms public health and environment by destroying ozone in
the upper atmosphere".
(c) Products containing class II substances
(1) After 30 months after November 15, 1990, and before January
1, 2015, no product containing a class II substance shall be
introduced into interstate commerce unless it bears the label
referred to in subsection (b) of this section if the Administrator
determines, after notice and opportunity for public comment, that
there are substitute products or manufacturing processes (A) that
do not rely on the use of such class II substance, (B) that reduce
the overall risk to human health and the environment, and (C) that
are currently or potentially available.
(2) Effective January 1, 2015, the requirements of subsection (b)
of this section shall apply to all products containing a class II
substance.
(d) Products manufactured with class I and class II substances
(1) In the case of a class II substance, after 30 months after
November 15, 1990, and before January 1, 2015, if the
Administrator, after notice and opportunity for public comment,
makes the determination referred to in subsection (c) of this
section with respect to a product manufactured with a process that
uses such class II substance, no such product shall be introduced
into interstate commerce unless it bears a clearly legible and
conspicuous label stating:
"Warning: Manufactured with [insert name of substance], a
substance which harms public health and environment by destroying
ozone in the upper atmosphere" (!1)
(2) In the case of a class I substance, effective 30 months after
November 15, 1990, and before January 1, 2015, the labeling
requirements of this subsection shall apply to all products
manufactured with a process that uses such class I substance unless
the Administrator determines that there are no substitute products
or manufacturing processes that (A) do not rely on the use of such
class I substance, (B) reduce the overall risk to human health and
the environment, and (C) are currently or potentially available.
(e) Petitions
(1) Any person may, at any time after 18 months after November
15, 1990, petition the Administrator to apply the requirements of
this section to a product containing a class II substance or a
product manufactured with a class I or II substance which is not
otherwise subject to such requirements. Within 180 days after
receiving such petition, the Administrator shall, pursuant to the
criteria set forth in subsection (c) of this section, either
propose to apply the requirements of this section to such product
or publish an explanation of the petition denial. If the
Administrator proposes to apply such requirements to such product,
the Administrator shall, by rule, render a final determination
pursuant to such criteria within 1 year after receiving such
petition.
(2) Any petition under this paragaph (!2) shall include a showing
by the petitioner that there are data on the product adequate to
support the petition.
(3) If the Administrator determines that information on the
product is not sufficient to make the required determination the
Administrator shall use any authority available to the
Administrator under any law administered by the Administrator to
acquire such information.
(4) In the case of a product determined by the Administrator,
upon petition or on the Administrator's own motion, to be subject
to the requirements of this section, the Administrator shall
establish an effective date for such requirements. The effective
date shall be 1 year after such determination or 30 months after
November 15, 1990, whichever is later.
(5) Effective January 1, 2015, the labeling requirements of this
subsection (!3) shall apply to all products manufactured with a
process that uses a class I or class II substance.
(f) Relationship to other law
(1) The labeling requirements of this section shall not
constitute, in whole or part, a defense to liability or a cause for
reduction in damages in any suit, whether civil or criminal,
brought under any law, whether Federal or State, other than a suit
for failure to comply with the labeling requirements of this
section.
(2) No other approval of such label by the Administrator under
any other law administered by the Administrator shall be required
with respect to the labeling requirements of this section.