Page:United States Statutes at Large Volume 104 Part 4.djvu/349

 PUBLIC LAW 101-549-NOV. 15, 1990 104 STAT. 2665 interstate commerce any nonessential product to which regulations under subsection (a) implementing subsection (b) are applicable, "(d) OTHER PRODUCTS. —(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) MEDICAL DEVICES. —Nothing in this section shall apply to any medical device as defined in section 601(8). "SEC. 611. LABELING. 42 USC 7671J. " (a) REGULATIONS.—The Administrator shall promulgate regulations to implement the labeling requirements of this section within 18 months after enactment of the Clean Air Act Amendments of 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 the enactment of the Clean Air Act Amendments of 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: (Dontains [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 the enactment of the Clean Air Act Amendments of 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) 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) shall apply to all products containing a class II substance. "(d) PRODUCTS MANUFACTURED WITH CLASS I AND CLASS II SUB- STANCES.— (1) In the case of a class II substance, after 30 months after the enactment of the Clean Air Act Amendments of 1990, and

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