---
kind: "section"
citation: "42 U.S.C. § 4909"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4909"
heading: "Prohibited acts"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4909"
units:
  - "Chapter 65 — Noise Control"
---

# §4909. Prohibited acts

- (a) Except as otherwise provided in [subsection (b)](#b), the following acts or the causing thereof are prohibited:
  - (1) In the case of a [manufacturer](/usc/42/4902.md?p=6), to [distribute in commerce](/usc/42/4902.md?p=8) any [new product](/usc/42/4902.md?p=5) manufactured after the effective date of a regulation prescribed under [section 4905 of this title](/usc/42/4905.md) which is applicable to such [product](/usc/42/4902.md?p=3), except in conformity with such regulation.
  - (2)
    - (A) The removal or rendering inoperative by any [person](/usc/42/4902.md?p=2), other than for purposes of maintenance, repair, or replacement, of any device or element of design incorporated into any [product](/usc/42/4902.md?p=3) in compliance with regulations under [section 4905 of this title](/usc/42/4905.md), prior to its sale or delivery to the [ultimate purchaser](/usc/42/4902.md?p=4) or while it is in use, or (B) the use of a [product](/usc/42/4902.md?p=3) after such device or element of design has been removed or rendered inoperative by any [person](/usc/42/4902.md?p=2).
  - (3) In the case of a [manufacturer](/usc/42/4902.md?p=6), to [distribute in commerce](/usc/42/4902.md?p=8) any [new product](/usc/42/4902.md?p=5) manufactured after the effective date of a regulation prescribed under [section 4907(b) of this title](/usc/42/4907.md?p=b) (requiring information respecting noise) which is applicable to such [product](/usc/42/4902.md?p=3), except in conformity with such regulation.
  - (4) The removal by any [person](/usc/42/4902.md?p=2) of any notice affixed to a [product](/usc/42/4902.md?p=3) or container pursuant to regulations prescribed under [section 4907(b) of this title](/usc/42/4907.md?p=b), prior to sale of the [product](/usc/42/4902.md?p=3) to the [ultimate purchaser](/usc/42/4902.md?p=4).
  - (5) The importation into the United States by any [person](/usc/42/4902.md?p=2) of any [new product](/usc/42/4902.md?p=5) in [violation](/usc/42/2000e–16a.md?p=c) of a regulation prescribed under [section 4908 of this title](/usc/42/4908.md) which is applicable to such [product](/usc/42/4902.md?p=3).
  - (6) The failure or refusal by any [person](/usc/42/4902.md?p=2) to comply with any requirement of section [4910(d)](/usc/42/4910.md?p=d) or [4912(a)](/usc/42/4912.md?p=a) of this title or regulations prescribed under section [4912(a)](/usc/42/4912.md?p=a), [4916](/usc/42/4916.md), or [4917](/usc/42/4917.md) of this title.
- (b)
  - (1) For the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security, the [Administrator](/usc/42/4902.md?p=1) may exempt for a specified period of time any [product](/usc/42/4902.md?p=3), or class thereof, from paragraphs [(1)](#a-1), [(2)](#a-2), [(3)](#a-3), and [(5)](#a-5) of subsection (a), upon such terms and conditions as he may find necessary to protect the public health or welfare.
  - (2) Paragraphs [(1)](#a-1), [(2)](#a-2), [(3)](#a-3), and [(4)](#a-4) of subsection (a) shall not apply with respect to any [product](/usc/42/4902.md?p=3) which is manufactured solely for use outside any [State](/usc/42/4902.md?p=9) and which (and the container of which) is labeled or otherwise marked to show that it is manufactured solely for use outside any [State](/usc/42/4902.md?p=9); except that such paragraphs shall apply to such [product](/usc/42/4902.md?p=3) if it is in fact distributed in [commerce](/usc/42/4902.md?p=7) for use in any [State](/usc/42/4902.md?p=9).

## Source credit

(Pub. L. 92–574, § 10, Oct. 27, 1972, 86 Stat. 1242.)