Hey Dan,

You seem to have resolved the issue in your mind already, but I wanted to just throw out my thoughts.
As long as you retain the stock carb, adjusting/tuning/jetting the carb to maximize the efficiency and power of the engine to match you needs of the engine in accordance with you location (altitude, temp and humidity) is totally within any difinition of "stock form".
The carb settings, as it comes off the assembly line in Japan, are not going to be appropriate for 98% of end of the line customers.  It is just not possible, because they have no idea where the bike will end up.   The factory settings are just a starting point.  If the local dealer was actually doing his job, he would rejet/adjust the carb as part of the final checklist when he sells the bike to a customer.  If the bike had a computer controlled fuel injection system then it would automatically do the adjustment when you start it up, but being this bike still has a carb then it needs to be manually adjusted.  That adjustment, based on local conditions, is completely appropriate & legal in order for the machine to run efficiently.
Jesus would expect nothing less.  He was all about being practical, with righteousness.  

Is it wrong to replace the factory installed carb with another model ?  Not if that carb is jetted and tuned to maximize efficiency.  Did Suzuki ever change a carb, or rejet a carb, on a bike ?  Of course they have.  All manufacturers do it all the time.  Models are changed/upgraded all the time.  Is it wrong for them to do so ?  NO.  Is it wrong for us to do so ?  NO. As long as we jet and tune the carb/engine unit to maximize efficiency then we have fullfillled the intent of the law.

Lancer,
You got the right idea. Thanks, I feel better already.....Dan

  Jesus would have wanted your s40 to run good and have a loud pipe too,He was into stuff like that,when he wasn't preaching.

Charon,
Why did you have to be so straight forward and correct? As I suspected, any change in muffler or carb that increases noise or air polution emissions is unlawful. It is plainly written on the muffler, but I have not seen any warnings about carb adjustments yet, but I would bet you are correct. If you want to remain lawful you cannot make the changes we have been talking about. Then, the S40 and LS650 are not suitable bikes for the US market unless left in their original not running too good condition as shipped. If you fix the running problem then you are breaking the law and the bikes are still not suitable for the USA. Nice bikes though. Too bad to be caught in this trap. Also too bad that Japan did not spend the money to make them meet the emission requirements of our country and run good as well. Do you suppose that one could operate in the spirit of the law and make just a small change. So true how the law kills and the Spirit gives life. I need to sell one of my bikes anyway. I may just keep the Virago 250 since it  meets emission requirements according to my Yamaha dealer's exhaust test. Thanks for your insight.....Dan

All this is just talk, for fun I hope, not making fun of anyone. One EPA site does say that it is in conflict with the law to make any adjustment or change that causes the vehicle to produce more polution. So, most all of us are outlaws. That is not my desire. Too bad it leaves us with such a choice to make. The bike is a great little bike, too bad the manufacturer let us down and for so many years. This bike should run first class direct from the factory.

I tried hard to keep my new bike stock.. ran MUCH too lean(bad for engine) removed white spacer on slide needle and drilled-out brass plug to access idle mixture screw.. cost nothing, bike runs MUCH better(cooler too) .. I really don't see any merit to not performing simple tasks that only return the carb to it's original design performance. There is not an honesty issue here, just do it

This forum is turning into a religious and political forum more and more every day!!!! Gene