[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: 40CFR82.118]



[Page 576-577]

 

                   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.  82.118  Compliance by wholesalers, distributors and retailers.



    (a) Requirement of compliance by wholesalers, distributors and 

retailers. All wholesalers, distributors and retailers of products or 

containers to which this subpart applies are required to pass through 

the labeling information that



[[Page 577]]



accompanies the product, except those purchasing from other 

manufacturers or suppliers spare parts manufactured with controlled 

substances and selling those parts for the demonstrable sole purpose of 

repair.

    (b) Reliance on reasonable belief. The wholesaler, distributor or 

retailer of a product may rely on the labeling information that it 

receives with the product or container, and is not required to 

independently investigate whether the requirements of this subpart are 

applicable to the product or container, as long as the wholesaler, 

distributor or retailer reasonably believes that the supplier of the 

product or container is reliably and accurately complying with the 

requirements of this subpart.

    (c) Contractual obligations. A wholesaler, distributor or retailer'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 wholesaler, distributor or retailer is evidence of 

reasonable belief.