42 U.S.C. § 5409 — Prohibited acts; exemptions

Page 6560 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5409 Editorial Notes AMENDMENTS 1980—Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5409. Prohibited acts; exemptions (a) No person shall— (1) make use of any means of transportation or communication affecting interstate or for- eign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any manufactured home which is man- ufactured on or after the effective date of any applicable Federal manufactured home con- struction and safety standard under this chap- ter and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or impor- tation affects commerce; (2) fail or refuse to permit access to or copy- ing of records, or fail to make reports or pro- vide information, or fail or refuse to permit entry or inspection, as required under section 5413 of this title; (3) fail to furnish notification of any defect as required by section 5414 of this title; (4) fail to issue a certification required by section 5415 of this title, or issue a certifi- cation to the effect that a manufactured home conforms to all applicable Federal manufac- tured home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; (5) fail to comply with a final order issued by the Secretary under this chapter; (6) issue a certification pursuant to sub- section (h) of section 5403 of this title, if such person in the exercise of due care has reason to know that such certification is false or mis- leading in a material respect; or (7) after the expiration of the period speci- fied in section 5404(c)(2)(B) of this title, fail to comply with the requirements for the installa- tion program required by section 5404 of this title in any State that has not adopted and implemented a State installation program. (b)(1) Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the intro- duction or delivery for introduction in inter- state commerce of any manufactured home after the first purchase of it in good faith for purposes other than resale. (2) For purposes of section 5410 of this title, paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such manufactured home is not in conformity with applicable Federal manufactured home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or im- porter of such manufactured home to the effect that such manufactured home conforms to all applicable Federal manufactured home con- struction and safety standards, unless such per- son knows that such manufactured home does not so conform. (3) A manufactured home offered for importa- tion in violation of paragraph (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Sec- retary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Sec- retary may, by such regulations, provide for au- thorizing the importation of such manufactured home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to in- sure that any such manufactured home will be brought into conformity with any applicable Federal manufactured home construction or safety standard prescribed under this chapter, or will be exported from, or forfeited to, the United States. (4) The Secretary of the Treasury and the Sec- retary may, by joint regulations, permit the im- portation of any manufactured home after the first purchase of it in good faith for purposes other than resale. (5) Paragraph (1) of subsection (a) shall not apply in the case of a manufactured home in- tended solely for export, and so labeled or tagged on the manufactured home itself and on the outside of the container, if any, in which it is to be exported. (c) Compliance with any Federal manufac- tured home construction or safety standard issued under this chapter does not exempt any person from any liability under common law. (Pub. L. 93–383, title VI, § 610, Aug. 22, 1974, 88 Stat. 704; Pub. L. 95–128, title IX, § 902(b), Oct. 12, 1977, 91 Stat. 1149; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 608, Dec. 27, 2000, 114 Stat. 3009.) Editorial Notes AMENDMENTS 2000—Subsec. (a)(7). Pub. L. 106–569 added par. (7). 1980—Subsecs. (a)(1), (4), (b)(1) to (5), (c). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing. 1977—Subsec. (a)(6). Pub. L. 95–128 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5410. Civil and criminal penalties (a) Whoever violates any provision of section 5409 of this title, or any regulation or final order