---
kind: "section"
citation: "42 U.S.C. § 5409"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5409"
heading: "Prohibited acts; exemptions"
release: "119-102"
url: "https://uscodex.org/usc/42/5409"
units:
  - "Chapter 70 — Manufactured Home Construction and Safety Standards"
---

# §5409. Prohibited acts; exemptions

- (a) No [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall—
  - (1) make use of any means of transportation or communication affecting interstate or foreign [commerce](/usc/42/6311.md?p=7) or the mails to [manufacture](/usc/42/300aa–33.md?p=3) for sale, lease, sell, offer for sale or lease, or introduce or deliver, or [import](/usc/42/6311.md?p=7) into the [United States](/usc/42/403.md?p=k), any manufactured home which is manufactured on or after the effective date of any applicable [Federal manufactured home construction and safety standard](/usc/42/5402.md?p=7) under this chapter and which does not comply with such [standard](/usc/42/1320d.md?p=7), except as provided in [subsection (b)](#b), where such [manufacture](/usc/42/300aa–33.md?p=3), lease, sale, offer for sale or lease, introduction, delivery, or [importation](/usc/42/6311.md?p=7) affects [commerce](/usc/42/6311.md?p=7);
  - (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](/usc/42/4851b.md?p=12), as required under [section 5413 of this title](/usc/42/5413.md);
  - (3) fail to furnish notification of any [defect](/usc/42/5402.md?p=3) as required by [section 5414 of this title](/usc/42/5414.md);
  - (4) fail to issue a certification required by [section 5415 of this title](/usc/42/5415.md), or issue a certification to the effect that a manufactured home conforms to all applicable [Federal manufactured home construction and safety standards](/usc/42/5402.md?p=7), if such [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/5402.md?p=11) under this chapter;
  - (6) issue a certification pursuant to subsection (h) of [section 5403 of this title](/usc/42/5403.md), if such [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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 5404(c)(2)(B) of this title](/usc/42/5404.md?p=c-2-B), fail to comply with the requirements for the installation [program](/usc/42/274l–1.md?p=4) required by [section 5404 of this title](/usc/42/5404.md) in any [State](/usc/42/5402.md?p=12) that has not adopted and implemented a [State](/usc/42/5402.md?p=12) installation [program](/usc/42/274l–1.md?p=4).
- (b)
  - (1) [Paragraph (1)](#a-1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate [commerce](/usc/42/6311.md?p=7) 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](/usc/42/5410.md), [paragraph (1)](#a-1) of subsection (a) shall not apply to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/5402.md?p=7), or to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who, prior to such first purchase, holds a certificate issued by the [manufacturer](/usc/42/5402.md?p=5) or importer of such manufactured home to the effect that such manufactured home conforms to all applicable [Federal manufactured home construction and safety standards](/usc/42/5402.md?p=7), unless such [person](/usc/42/1320a–7k.md?p=d-4-C-i) knows that such manufactured home does not so conform.
  - (3) A manufactured home offered for [importation](/usc/42/6311.md?p=7) in [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (1)](#a-1) of subsection (a) shall be refused admission into the [United States](/usc/42/403.md?p=k) under joint regulations issued by the [Secretary](/usc/42/5402.md?p=11) of the Treasury and the [Secretary](/usc/42/5402.md?p=11), except that the [Secretary](/usc/42/5402.md?p=11) of the Treasury and the [Secretary](/usc/42/5402.md?p=11) may, by such regulations, provide for authorizing the [importation](/usc/42/6311.md?p=7) of such manufactured home into the [United States](/usc/42/403.md?p=k) 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](/usc/42/5402.md?p=1) or safety [standard](/usc/42/1320d.md?p=7) prescribed under this chapter, or will be exported from, or forfeited to, the [United States](/usc/42/403.md?p=k).
  - (4) The [Secretary](/usc/42/5402.md?p=11) of the Treasury and the [Secretary](/usc/42/5402.md?p=11) may, by joint regulations, permit the [importation](/usc/42/6311.md?p=7) of any manufactured home after the first purchase of it in good faith for purposes other than resale.
  - (5) [Paragraph (1)](#a-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](/usc/42/5402.md?p=1) or safety [standard](/usc/42/1320d.md?p=7) issued under this chapter does not exempt any [person](/usc/42/1320a–7k.md?p=d-4-C-i) from any liability under common law.

## Source credit

(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.)

## Notes

### 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 following Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.