21 U.S.C. § 360oo | Prohibited acts

(a)

It shall be unlawful—

(1)

section 360kk of this title for any manufacturer to introduce, or to deliver for introduction, into commerce, or to import into the United States, any electronic product which does not comply with an applicable standard prescribed pursuant to ;

(2)

llll for any person to fail to furnish any notification or other material or information required by section 360 or 360nn of this title; or to fail to comply with the requirements of section 360(f) of this title;

(3)

section 360nn of this title for any person to fail or to refuse to establish or maintain records required by this part or to permit access by the Secretary or any of his duly authorized representatives to, or the copying of, such records, or to permit entry or inspection, as required by or pursuant to ;

(4)

section 360nn(b) of this title section 360nn(f) of this title for any person to fail or to refuse to make any report required pursuant to or to furnish or preserve any information required pursuant to ; or

(5)

section 360kk(h) of this title section 360kk(h) of this title for any person (A) to fail to issue a certification as required by , or (B) to issue such a certification when such certification is not based upon a test or testing program meeting the requirements of or when the issuer, in the exercise of due care, would have reason to know that such certification is false or misleading in a material respect.

(b)

The Secretary may exempt any electronic product, or class thereof, from all or part of subsection (a), upon such conditions as he may find necessary to protect the public health or welfare, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security.

June 25, 1938, ch. 675, § 538 act July 1, 1944, ch. 373, title III, § 538 Pub. L. 90–602, § 2(3)Oct. 18, 196882 Stat. 1184 Pub. L. 101–629, § 19(a)(1)(B)Nov. 28, 1990104 Stat. 4529 Pub. L. 103–80, § 4(a)(2)Aug. 13, 1993107 Stat. 779(, formerly , formerly § 360B, as added , , ; renumbered § 538 and amended , (2)(F), (3), (4), , , 4530; , , .)

Editorial Notes

Codification

section 263j of Title 42 Pub. L. 101–629Section was classified to , The Public Health and Welfare, prior to renumbering by .

Amendments

Pub. L. 103–80 Pub. L. 101–629, § 19(a)(4)section 263j of Title 421993— amended directory language of , which renumbered , The Public Health and Welfare, as this section.

Pub. L. 101–629, § 19(a)(2)(F)(i)1990—Subsec. (a)(1). , substituted “section 360kk” for “section 263f”.

Pub. L. 101–629, § 19(a)(2)(F)(ii)llllSubsec. (a)(2). , (iii), substituted “section 360 or 360nn” for “section 263g or 263i” and “section 360(f)” for “section 263g(f)”.

Pub. L. 101–629, § 19(a)(1)(B)Subsec. (a)(3). , (2)(F)(iii), substituted “this part” for “this subpart” and “section 360nn” for “section 263i”.

Pub. L. 101–629, § 19(a)(2)(F)(iii)Subsec. (a)(4). , substituted “section 360nn(b)” for “section 263i(b)” and “section 360nn(f)” for “section 263i(f)”.

Pub. L. 101–629, § 19(a)(2)(F)(i)Subsec. (a)(5). , substituted “section 360kk(h)” for “section 263f(h)” in two places.

Statutory Notes and Related Subsidiaries

Noninterference With Other Federal Agencies

section 4 of Pub. L. 90–602 section 360hh of this titleEnactment of this section not to be construed to supersede or limit the functions under any other provision of law of any officer or agency of the United States, see , set out as a note under .