[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR82.112]

[Page 433]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
  Subpart E--The Labeling of Products Using Ozone-Depleting Substances
 
Sec. 82.112  Removal of label bearing warning statement.

    (a) Prohibition on removal. Except as described in paragraph (b) or 
(c) of this section, any warning statement that accompanies a product or 
container introduced into interstate commerce, as required by this 
subpart, must remain with the product or container and any product 
incorporating such product or container, up to and including the point 
of sale to the ultimate consumer.
    (b) Incorporation of warning statement by subsequent manufacturers. 
A manufacturer of a product that incorporates a product that is 
accompanied by a label bearing the warning statement may remove such 
label from the incorporated product if the information on such label is 
incorporated into a warning statement accompanying the manufacturer's 
product, or if, pursuant to paragraph (c) of this section, the 
manufacturer of the product is not required to pass through the 
information contained on or incorporated in the product's label.
    (c) Manufacturers that incorporate products manufactured with 
controlled substances. A manufacturer that incorporates into its own 
product a component product that was purchased from another 
manufacturer, was manufactured with a process that uses a controlled 
substance(s), but does not contain such substance(s), may remove such 
label from the incorporated product and need not apply a warning 
statement to its own product, if the manufacturer does not use a 
controlled substance in its own manufacturing process. A manufacturer 
that uses controlled substances in its own manufacturing process, and is 
otherwise subject to the regulations of this subpart, must label 
pursuant to Sec. 82.106, but need not include information regrading the 
incorporated product on the required label.
    (d) Manufacturers, distributors, wholesalers, retailers that sell 
spare parts manufactured with controlled substances solely for repair. 
Manufacturers, distributors, wholesalers, and retailers that purchase 
spare parts manufactured with a class I substance from another 
manufacturer or supplier, and sell such spare parts for the sole purpose 
of repair, are not required to pass through an applicable warning label 
if such products are removed from the original packaging provided by the 
manufacturer from whom the products are purchased. Manufacturers of the 
spare parts manufactured with controlled substances must still label 
their products; furthermore, manufacturers, importers, and distributors 
of such products must pass through the labeling information as long as 
products remain assembled and packaged in the manner assembled and 
packaged by the original manufacturer. This exemption shall not apply if 
a spare part is later used for manufacture and/or for purposes other 
than repair.

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