Sec. 610. prohibited acts
684 words·~3 min read·
/statute-compilations/comps-10382/sec-610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 610 prohibited acts **[**[42 U.S.C. 5409](/us/usc/t42/s5409)**]** ###
(a)No person shall— ####
(1)make use of any means of transportation or communication affecting interstate or foreign 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 manufactured on or after the effective date of any applicable Federal manufactured home construction and safety standard under this title 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 importation affects commerce; ####
(2)fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under section 614; ####
(3)fail to furnish notification of any defect as required by section 615; ####
(4)fail to issue a certification required by section 616, or issue a certification to the effect that a manufactured home conforms to all applicable Federal manufactured 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 title; ####
(6)issue a certification pursuant to subsection
(h)of section 604, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or ####
(7)after the expiration of the period specified in section 605(c)(2)(B), fail to comply with the requirements for the installation program required by section 605 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 introduction or delivery for introduction in interstate commerce of any manufactured home after the first purchase of it in good faith for purposes other than resale. ####
(2)For purposes of section 611, 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 importer of such manufactured home to the effect that such manufactured home conforms to all applicable Federal manufactured home construction and safety standards, unless such person knows that such manufactured home does not so conform. ####
(3)A manufactured home offered for importation in violation of paragraph
(1)of subsection
(a)shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing 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 insure that any such manufactured home will be brought into conformity with any applicable Federal manufactured home construction or safety standard prescribed under this title, or will be exported from, or forfeited to, the United States. ####
(4)The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation 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 intended 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 manufactured home construction or safety standard issued under this title does not exempt any person from any liability under common law.
Connectionstraces to 1
Traces to 1 document
U.S. Code