105 CMR, § 650.221 - Modification or Replacement of Banned Hazardous Substances in Lieu of Repurchase

(1) Scope. 105 CMR 650.221 clarifies and sets forth the conditions whereby repurchase of an banned hazardous article or substance will not be required under 105 CMR 650.220. Generally, repurchase will not be required whenever, with the consent of the owner, the banned hazardous article or substance is replaced or modified so that it no longer meets the definition of a banned hazardous article or substance.

(2) Modification. Any article or substance which is a "banned hazardous substance" (including any article or substance which became a banned hazardous substance because of some alteration which occurred after its introduction into interstate commerce and before its sale to an ultimate consumer) but which is thereafter modified so that it is no longer a banned hazardous substance shall not be subject to repurchase. Provided, however, that if the owner of a particular product which is a banned hazardous substance (for reason other than an alteration by the owner) will not consent to modification of the product as an alternative to repurchase, the obligation of the party shall not be affected by the provisions of 105 CMR 650.221.

(3) Replacement. Any party who is obligated to repurchase an article which is a banned hazardous substance may replace it with an equivalent product which is not a banned hazardous substance. Provided, however, that if the owner of the particular product which is a banned hazardous substance (for reason other than an alteration by the owner) will not consent to replacement with an equivalent product which is not a banned hazardous substance, the obligation of the party who sold the banned hazardous substance to repurchase that product and refund the purchase price shall not be affected by the provisions of 105 CMR 650.221.

(4) Expenses. In any case where a manufacturer, distributor, or dealer elects to offer to modify a banned hazardous substance or to replace it with an equivalent product which is not a banned hazardous substance as an alternative to repurchase, all expenses incurred in connection with the modification or replacement shall be borne by the party originally offering the modification or replacement.

Notes

105 CMR, § 650.221