--- kind: "section" citation: "42 U.S.C. § 7671j" title: "42" title_heading: "The Public Health and Welfare" number: "7671j" heading: "Labeling" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7671j" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter VI — Stratospheric Ozone Protection" --- # §7671j. Labeling - (a) **Regulations—** The [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7671.md?p=4) is stored or transported, and no product containing a [class I substance](/usc/42/7671.md?p=3), shall be introduced into interstate [commerce](/usc/42/7550.md?p=6) 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](/usc/42/7671.md?p=4) shall be introduced into interstate [commerce](/usc/42/7550.md?p=6) unless it bears the label referred to in [subsection (b)](#b) if the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7671.md?p=4), (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)](#b) shall apply to all products containing a [class II substance](/usc/42/7671.md?p=4). - (d) **Products manufactured with class I and class II substances—** - (1) In the case of a [class II substance](/usc/42/7671.md?p=4), after 30 months after November 15, 1990, and before January 1, 2015, if the [Administrator](/usc/42/7602.md?p=a), after notice and opportunity for public comment, makes the determination referred to in [subsection (c)](#c) with respect to a product manufactured with a process that uses such [class II substance](/usc/42/7671.md?p=4), no such product shall be introduced into interstate [commerce](/usc/42/7550.md?p=6) 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](/usc/42/7671.md?p=3), 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](/usc/42/7671.md?p=3) unless the [Administrator](/usc/42/7602.md?p=a) determines that there are no substitute products or manufacturing processes that (A) do not rely on the use of such [class I substance](/usc/42/7671.md?p=3), (B) reduce the overall risk to human health and the environment, and (C) are currently or potentially available. - (e) **Petitions—** - (1) Any [person](/usc/42/7602.md?p=e) may, at any time after 18 months after November 15, 1990, petition the [Administrator](/usc/42/7602.md?p=a) to apply the requirements of this section to a product containing a [class II substance](/usc/42/7671.md?p=4) 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](/usc/42/7602.md?p=a) shall, pursuant to the criteria set forth in [subsection (c)](#c), either propose to apply the requirements of this section to such product or publish an explanation of the petition denial. If the [Administrator](/usc/42/7602.md?p=a) proposes to apply such requirements to such product, the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7602.md?p=a) determines that information on the product is not sufficient to make the required determination the [Administrator](/usc/42/7602.md?p=a) shall use any authority available to the [Administrator](/usc/42/7602.md?p=a) under any law administered by the [Administrator](/usc/42/7602.md?p=a) to acquire such information. - (4) In the case of a product determined by the [Administrator](/usc/42/7602.md?p=a), upon petition or on the [Administrator](/usc/42/7602.md?p=a)’s own motion, to be subject to the requirements of this section, the [Administrator](/usc/42/7602.md?p=a) 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](/usc/42/7671.md?p=4). - (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](/usc/42/7602.md?p=d), 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](/usc/42/7602.md?p=a) under any other law administered by the [Administrator](/usc/42/7602.md?p=a) shall be required with respect to the labeling requirements of this section. ## Footnotes [^1]: So in original. Probably should be followed by a period. [^2]: So in original. Probably should be “paragraph”. [^3]: So in original. Probably should be “section”. ## Source credit (July 14, 1955, ch. 360, title VI, § 611, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2665.)