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42 U.S.C. § 4910 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties**
(1) Any person who willfully or knowingly violates paragraph (1), (3), (5), or (6) of subsection (a) of [section 4909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909&num=0&edition=prelim) shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.
(2) Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of [section 4909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909&num=0&edition=prelim) shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
**(b) Separate violations** For the purpose of this section, each day of violation of any paragraph of [section 4909(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim) shall constitute a separate violation of that section.
**(c) Actions to restrain violations** The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of [section 4909(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim).
**(d) Orders issued to protect public health and welfare; notice; opportunity for hearing**
(1) Whenever any person is in violation of [section 4909(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4910
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Source file: Laws/federal/codes/united-states-code/title-42/section-4910-enforcement--c1da717b95.md
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Source location: Title 42, Chapter 65, § 4910; chapter-065-noise-control.md
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**(a) Criminal penalties**
(1) Any person who willfully or knowingly violates paragraph (1), (3), (5), or (6) of subsection (a) of [section 4909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909&num=0&edition=prelim) shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.
(2) Any person who violates paragraph (1), (3), (5), or (6) of subsection (a) of [section 4909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909&num=0&edition=prelim) shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
**(b) Separate violations** For the purpose of this section, each day of violation of any paragraph of [section 4909(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim) shall constitute a separate violation of that section.
**(c) Actions to restrain violations** The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violations of [section 4909(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim).
**(d) Orders issued to protect public health and welfare; notice; opportunity for hearing**
(1) Whenever any person is in violation of [section 4909(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4909/a&num=0&edition=prelim), the Administrator may issue an order specifying such relief as he determines is necessary to protect the public health and welfare.
(2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(e) “Person” defined** The term “person,” as used in this section, does not include a department, agency, or instrumentality of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in subsection (b), the following acts or the causing thereof are prohibited:
(1) In the case of a manufacturer, to distribute in commerce any new product manufactured after the effective date of a regulation prescribed under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim) which is applicable to such product, except in conformity with such regulation.
(2)
(A) The removal or rendering inoperative by any person, other than for purposes of maintenance, repair, or replacement, of any device or element of design incorporated into any product in compliance with regulations under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim), prior to its sale or delivery to the ultimate purchaser or while it is in use, or (B) the use of a product after such device or element of design has been removed or rendered inoperative by any person.
(3) In the case of a manufacturer, to distribute in commerce any new product manufactured after the effective date of a regulation prescribed under [section 4907(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907/b&num=0&edition=prelim) (requiring information respecting noise) which is applicable to such product, except in conformity with such regulation.
(4) The removal by any person of any notice affixed to a product or container pursuant to regulations prescribed under [section 4907(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907/b&num=0&edition=prelim), prior to sale of the product to the ultimate purchaser.
(5) The importation into the United St
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4909
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
Page 6249
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4911
1 So in original. Probably should be subsection ‘‘(f)’’.
tion prescribed under section 4907(b) of this
title (requiring information respecting noise)
which is applicable to such product, except in
conformity with such regulation.
(4) The removal by any person of any notice
affixed to a product or container pursuant to
regulations prescribed under section 4907(b) of
this title, prior to sale of the product to the
ultimate purchaser.
(5) The importation into the United States
by any person of any new product in violation
of a regulation prescribed under section 4908 of
this title which is applicable to such product.
(6) The failure or refusal by any person to
comply with any requirement of section
4910(d) or 4912(a) of this title or regulations
prescribed under section 4912(a), 4916, or 4917 of
this title.
(b)(1) For the purpose of research, investiga-
tions, studies, demonstrations, or training, or
for reasons of national security, the Adminis-
trator may exempt for a specified period of time
any product, or class thereof, from paragraphs
(1), (2), (3), and (5) of subsection (a), upon such
terms and conditions as he may find necessary
to protect the public health or welfare.
(2) Paragraphs (1), (2), (3), and (4) of subsection
(a) shall not apply with respect to any product
which is manufactured solely for use outside
any State and which (and the container of
which) is labeled or otherwise marked to show
that it is manufactured solely for use outside
any State; except that such paragraphs shall
apply to such product if it is in fact distributed
in commerce for use in any State.
(Pub. L. 92–574, § 10, Oct. 27, 1972, 86 Stat. 1242.)
§ 4910. Enforcement
(a) Criminal penalties
(1) Any
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4910
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