[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: 40CFR82.68]

[Page 424-425]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 82--PROTECTION OF STRATOSPHERIC OZONE--Table of Contents
 
 Subpart C--Ban on Nonessential Products Containing Class I Substances 
 and Ban on Nonessential Products Containing or Manufactured With Class 
                              II Substances
 
Sec. 82.68  Verification and public notice requirements.

    (a) Effective February 16, 1993, any person who sells or distributes 
any cleaning fluid for electronic and photographic equipment which 
contains a chlorofluorocarbon must verify that the purchaser is a 
commercial entity as defined in Sec. 82.62. In order to verify that the 
purchaser is a commercial entity, the person who sells or distributes 
this product must request documentation that proves the purchaser's 
commercial status by containing one or more of the commercial 
identification numbers specified in Sec. 82.62(b). The seller or 
distributor must have a reasonable basis for believing that the 
information presented by the purchaser is accurate.
    (b) Effective February 16, 1993, any person who sells or distributes 
any cleaning fluid for electronic and photographic equipment which 
contains a chlorofluorocarbon must prominently display a sign where 
sales of such product occur which states: ``It is a violation of federal 
law to sell, distribute, or offer to sell or distribute, any 
chlorofluorocarbon-containing cleaning fluid for electronic and 
photographic equipment to anyone who is not a commercial user of this 
product. The penalty for violating this prohibition can be up to $25,000 
per sale. Individuals purchasing such products must present proof of 
their commercial status in accordance with Sec. 82.68(a).''
    (c) Effective January 1, 1994, any person who sells or distributes 
any aerosol or pressurized dispenser of cleaning fluid for electronic 
and photographic equipment which contains a class II

[[Page 425]]

substance must verify that the purchaser is a commercial entity as 
defined in Sec. 82.62(b). In order to verify that the purchaser is a 
commercial entity, the person who sells or distributes this product must 
request documentation that proves the purchaser's commercial status by 
containing one or more of the commercial identification numbers 
specified in Sec. 82.62(b).
    (d) Effective January 1, 1994, any person who sells or distributes 
any aerosol or other pressurized dispenser of cleaning fluid for 
electronic and photographic equipment which contains a class II 
substance must prominently display a sign where sales of such product 
occur which states: ``It is a violation of federal law to sell, 
distribute, or offer to sell or distribute, any aerosol 
hydrochlorofluorocarbon-containing cleaning fluid for electronic and 
photographic equipment to anyone who is not a commercial user of this 
product. The penalty for violating this prohibition can be up to $25,000 
per unit sold. Individuals purchasing such products must present proof 
of their commercial status in accordance with Sec. 82.68(c).''
    (e) Effective January 1, 1994, in order to satisfy the requirements 
under Sec. 82.68 (b) and (d), any person who sells or distributes 
cleaning fluids for electronic and photographic equipment which contain 
a class I substance and those aerosol or pressurized dispensers of 
cleaning fluids which contain a class II substance, may prominently 
display one sign where sales of such products occur which states: ``It 
is a violation of federal law to sell, distribute, or offer to sell or 
distribute, any chlorofluorocarbon-containing cleaning fluid for 
electronic and photographic equipment or aerosol 
hydrochlorofluorocarbon-containing cleaning fluid for electronic and 
photographic equipment to anyone who is not a commercial user of this 
product. The penalty for violating this prohibition can be up to $25,000 
per unit sold. Individuals purchasing such products must present proof 
of their commercial status in accordance with 40 CFR 82.68(a) or 
82.68(c).''
    (f)-(g) [Reserved]
    (h) Effective January 1, 1994, any person who sells or distributes 
any mold release agents containing a class II substance as a propellant 
must provide written notification to the purchaser prior to the sale 
that ``It is a violation of federal law to sell mold release agents 
containing hydrochlorofluorocarbons as propellants to anyone, except for 
use in applications where no other alternative except a class I 
substance is available. The penalty for violating this prohibition can 
be up to $25,000 per unit sold.'' Written notification may be placed on 
sales brochures, order forms, invoices and the like.
    (i) Effective January 1, 1994, any person who sells or distributes 
any wasp and hornet spray containing a class II substance must provide 
written notification to the purchaser prior to the sale that ``it is a 
violation of federal law to sell or distribute wasp and hornet sprays 
containing hydrochlorofluorocarbons as solvents to anyone, except for 
use near high-tension power lines where no other alternative except a 
class I substance is available. The penalty for violating this 
prohibition can be up to $25,000 per unit sold.'' Written notification 
may be placed on sales brochures, order forms, invoices and the like.

[58 FR 69675, Dec. 30, 1993, as amended at 61 FR 64427, Dec. 4, 1996]