---
kind: "section"
citation: "42 U.S.C. § 7671i"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7671i"
heading: "Nonessential products containing chlorofluorocarbons"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7671i"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter VI — Stratospheric Ozone Protection"
---

# §7671i. Nonessential products containing chlorofluorocarbons

- (a) **Regulations—** The [Administrator](/usc/42/7602.md?p=a) shall promulgate regulations to carry out the requirements of this section within 1 year after November 15, 1990.
- (b) **Nonessential products—** The regulations under this section shall identify nonessential products that release [class I substances](/usc/42/7671.md?p=3) into the environment (including any release occurring during manufacture, use, storage, or [disposal](/usc/42/2021b.md?p=7)) and prohibit any [person](/usc/42/7602.md?p=e) from selling or distributing any such product, or offering any such product for sale or distribution, in interstate [commerce](/usc/42/7550.md?p=6). 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](/usc/42/7602.md?p=a)—
    - (A) to release [class I substances](/usc/42/7671.md?p=3) into the environment (including any release occurring during manufacture, use, storage, or [disposal](/usc/42/2021b.md?p=7)), and
    - (B) to be nonessential.

  In determining whether a product is nonessential, the [Administrator](/usc/42/7602.md?p=a) shall consider the purpose or intended use of the product, the technological availability of substitutes for such product and for such [class I substance](/usc/42/7671.md?p=3), safety, health, and other relevant factors.

- (c) **Effective date—** Effective 24 months after November 15, 1990, it shall be unlawful for any [person](/usc/42/7602.md?p=e) to sell or distribute, or offer for sale or distribution, in interstate [commerce](/usc/42/7550.md?p=6) any nonessential product to which regulations under [subsection (a)](#a) implementing [subsection (b)](#b) are applicable.
- (d) **Other products—**
  - (1) Effective January 1, 1994, it shall be unlawful for any [person](/usc/42/7602.md?p=e) to sell or distribute, or offer for sale or distribution, in interstate [commerce](/usc/42/7550.md?p=6)—
    - (A) any aerosol product or other pressurized dispenser which contains a [class II substance](/usc/42/7671.md?p=4); or
    - (B) any plastic foam product which contains, or is manufactured with, a [class II substance](/usc/42/7671.md?p=4).
  - (2) The [Administrator](/usc/42/7602.md?p=a) is authorized to grant exceptions from the prohibition under [subparagraph (A)](#d-1-A) of paragraph (1) where—
    - (A) the use of the aerosol product or pressurized dispenser is determined by the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7671.md?p=4) is use of a [class I substance](/usc/42/7671.md?p=3) which legally could be substituted for such [class II substance](/usc/42/7671.md?p=4).
  - (3) [Subparagraph (B)](#d-1-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](/usc/42/7550.md?p=2) safety in accordance with Federal [Motor Vehicle](/usc/42/7550.md?p=2) Safety Standards where no adequate substitute substance (other than a class I or [class II substance](/usc/42/7671.md?p=4)) is practicable for effectively meeting such Standards.
- (e) **Medical devices—** Nothing in this section shall apply to any [medical device](/usc/42/7671.md?p=8) as defined in [section 7671(8) of this title](/usc/42/7671.md?p=8).

## Source credit

(July 14, 1955, ch. 360, title VI, § 610, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2664.)