[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: 40CFR82.68]



[Page 566-567]

 

                   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 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



[[Page 567]]



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]