[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: 40CFR82.114]



[Page 576]

 

                   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.  82.114  Compliance by manufacturers and importers with requirements 

for labeling of containers of controlled substances, or products containing 

controlled substances.



    (a) Compliance by manufacturers and importers with requirements for 

labeling of containers of controlled substances, or products containing 

controlled substances. Each manufacturer of a product incorporating 

another product or container containing a controlled substance, to which 

Sec.  82.102 (a)(1), or, (a)(2) or (b)(1) applies, that is purchased or 

obtained from another manufacturer or supplier, is required to pass 

through and incorporate the labeling information that accompanies such 

incorporated product in a warning statement accompanying the 

manufacturer's finished product. Each importer of a product, or 

container containing a controlled substance, to which Sec.  82.102 

(a)(1), (a)(2), or (b)(1) applies, including a component product or 

container incorporated into the product, that is purchased from a 

foreign manufacturer or supplier, is required to apply a label, or to 

ensure that a label has been properly applied, at the site of U.S. 

Customs clearance.

    (b) Reliance on reasonable belief. The manufacturer or importer of a 

product that incorporates another product container from another 

manufacturer or supplier may rely on the labeling information (or lack 

thereof) that it receives with the product, and is not required to 

independently investigate whether the requirements of this subpart are 

applicable to such purchased product or container, as long as the 

manufacturer reasonably believes that the supplier or foreign 

manufacturer is reliably and accurately complying with the requirements 

of this subpart.

    (c) Contractual obligations. A manufacturer's or importer's 

contractual relationship with its supplier under which the supplier is 

required to accurately label, consistent with the requirements of this 

subpart, any products containing a controlled substance or containers of 

a controlled substance that are supplied to the manufacturer or 

importer, is evidence of reasonable belief.