49 USC 5104 - Sec. 5104. Representation and tampering
49 USC - US Code - Title 49: Transportation (January 2003)
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(a) Representation. - A person may represent, by marking or otherwise, that - (1) a container, package, or packaging (or a component of a container, package, or packaging) for transporting hazardous material is safe, certified, or complies with this chapter only if the container, package, or packaging (or a component of a container, package, or packaging) meets the requirements of each applicable regulation prescribed under this chapter; or (2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present. (b) Tampering. - A person may not alter, remove, destroy, or otherwise tamper unlawfully with - (1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or (2) a package, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
Historical And Revision Notes
PUB. L. 103-272
Revised Source (U.S. Code) Source (Statutes at Large) Section
5104(a) 49 App.:1804(e). Jan. 3, 1975, Pub. L. 93-633, 88 Stat. 2156, Sec. 105(e), (f); added Nov. 16, 1990, Pub. L. 101-615, Sec. 5, 104 Stat. 3252. 5104(b) 49 App.:1804(f).
In subsection (a)(1), the words "the requirements of" and "applicable" are omitted as surplus.
In subsection (b), before clause (1), the word "deface" is omitted as surplus.
PUB. L. 103-429 This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 761). AMENDMENTS 1994 - Subsec. (a)(1). Pub. L. 103-429 inserted "applicable" after "each". Pub. L. 103-311 substituted ", package, or packaging (or a component of a container, package, or packaging)" for "or package" in two places.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 of Pub. L. 103-429, set out as a note under section 321 of this title.
Section Referred To In Other Sections
This section is referred to in sections 5117, 5120, 5124, 5125 of this title; title 8 section 1288.
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