Code Section Group

Health and Safety Code - HSC

DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119405]

  ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. )

PART 3. PRODUCT SAFETY [108040 - 108941]

  ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. )

CHAPTER 4. California Hazardous Substances Act [108100 - 108515]

  ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. )

ARTICLE 4. Repurchase [108310 - 108315]
  ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

108310.
  

For the purposes of this article, the following terms have the following meanings:

(a) “Manufacturer” includes an importer for resale.

(b) A dealer who sells at wholesale an article or substance shall, with respect to that sale, be considered the distributor of that article or substance.

(Amended by Stats. 2006, Ch. 538, Sec. 422. Effective January 1, 2007.)

108315.
  

In the case of any article or substance sold on or after the effective date of this section by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was at the time of its sale, the article or substance shall, in accordance with regulations of the department, be repurchased as follows:

(a)  The manufacturer of any such article or substance shall repurchase it from the person to whom he or she sold it, and shall do the following:

(1)  Refund that person the purchase price paid for the article or substance.

(2)  If that person has repurchased the article or substance pursuant to subdivision (b) or (c) reimburse him or her for any amounts paid in accordance with subdivision (b) or (c) for the return of the article or substance in connection with its repurchase.

(3)  If the manufacturer requires the return of the article or substance in connection with his or her repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer.

(b)  The distributor of any article or substance shall repurchase it from the person to whom he or she sold it, and shall do the following:

(1)  Refund that person the purchase price paid for the article or substance.

(2)  If that person has repurchased the article or substance pursuant to subdivision (c), reimburse him or her for any amounts paid in accordance with that subdivision for the return of the article or substance in connection with its repurchase.

(3)  If the distributor requires the return of the article or substance in connection with his or her repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor.

(c)  In the case of any article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to him or her, the dealer shall refund the purchaser the purchase price paid for it and reimburse him or her for any reasonable and necessary transportation charges incurred in its return.

(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

HSCHealth and Safety Code - HSC