[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: 40CFR82.116]



[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.  82.116  Compliance by manufacturers or importers incorporating 

products manufactured with controlled substances.



    (a) Compliance by manufacturers or importers incorporating products 

manufactured with controlled substances, or importing products 

manufactured with controlled substances. Each manufacturer or importer 

of a product incorporating another product to which Sec.  82.102 (a)(3) 

or (b)(2) applies, that is purchased from another manufacturer or 

supplier, is not required to pass through and incorporate the labeling 

information that accompanies such incorporated product in a warning 

statement accompanying the manufacturer's or importer's finished 

product. Importers of products to which Sec.  82.102 (a)(3) or (b)(2) 

applies are 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 importer of a product 

purchased or obtained from a foreign manufacturer or supplier, which 

product may have been manufactured with a controlled substance, may rely 

on the information that it receives with the purchased product, and is 

not required to independently investigate whether the requirements of 

this subpart are applicable to the purchased or obtained product, as 

long as the importer reasonably believes that there was no use of 

controlled substances by the final manufacturer of the product being 

imported.

    (c) Contractual obligations. An 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 

manufactured with a controlled substance that are supplied to the 

importer, or to certify to the importer whether a product was or was not 

manufactured with a controlled substance is evidence of reasonable 

belief.