[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.112]



[Page 575]

 

                   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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