Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 650.000 - Hazardous Substances
Section 650.220 - Repurchase of Banned Hazardous Substances
Universal Citation: 105 MA Code of Regs 105.650
Current through Register 1531, September 27, 2024
(1) Definitions Used for the Purposes of 105 CMR 650.000.
(a)
Manufacturer
includes any person who manufacturers or imports an article or substance for
distribution or sale, including importers for resale, except that in the case
of an article or substance distributed or sold under a name other than that of
the actual manufacturer of the article or substance, the term "manufacturer"
includes any person under whose name the article or substance is distributed or
sold.
(b)
Distributor includes any person, including any person
who would otherwise be considered a dealer, who sells an article or substance
at wholesale.
(c)
Dealer includes any person who sells an article or
substance at retail.
(d)
Purchase Price means the amount of money paid to
acquire an article or substance, including all taxes, but excluding
transportation or shipping costs and finance, interest, or service
charges.
(e)
Reasonable
and Necessary Transportation Charges, when used in connection with
the return of an article or substance to a dealer, means:
1. the actual costs incurred in returning the
product in any manner reasonably specified by the dealer, including personal
conveyance; or
2. the actual costs
incurred in returning the products by mail, commercial carrier, or any other
manner, including personal conveyance, reasonably utilized in the absence of
specific instructions by the dealer.
(f)
Reasonable and Necessary
Expense when used in connection with the return of an article or
substance to a distributor or manufacturer shall include the cost of labor,
administration and transportation in the handling, processing, and shipping of
that product.
(2) Repurchase. In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous substance, whether or not it was such at the time of its sale, such article or substance shall be repurchased as follows:
(a) The manufacturer of any such article or
substance shall repurchase it from the person to whom he or she sold it, and
shall refund to that person the purchase price paid for such article or
substance. If that person repurchased such article or substance pursuant to the
provisions of 105 CMR 650.220, the manufacturer shall reimburse him or her for
any amounts paid in connection with its repurchase, and reimburse such person
for any reasonable and necessary expenses incurred in returning it to the
manufacturer.
(b) The distributor
of any such article or substance shall repurchase it from the person to whom he
or she sold it, and shall refund to that person the purchase price paid for
such article or substance. If that person has repurchased such article or
substance pursuant to the provisions of 105 CMR 650.220, the distributor shall
reimburse him or her for any amounts paid for the return of such article or
substance in connection with its repurchase and reimburse that person for any
reasonable and necessary expenses incurred in returning it to the
distributor.
(c) In the case of any
such article or substance sold at retail by a dealer, if the person who
purchased it from the dealer returns it to him or her, the dealer shall refund
the purchase price paid for it and reimburse him or her for any reasonable and
necessary transportation charges incurred in its return.
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