§ 453.075 — Repurchase of banned hazardous substances previously sold; refund of purchase price

Oregon § 453.075

• Jurisdiction: Oregon
• Vol.: 12
• Title 36: Public Health and Safety
• Ch. 453: Hazardous Substances; Radiation Sources

Text

(1) Any article or substance sold by its manufacturer, distributor, or dealer that is a banned hazardous substance, whether or not it was such at the time of its sale, shall, in accordance with rules of the Director of the Oregon Health Authority, be repurchased as provided in this section.
(2) The manufacturer or distributor of any such article shall repurchase it from the person to whom the manufacturer or distributor sold it, and shall:
(a) Refund to that person the purchase price paid for such article or substance;
(b) If that person has repurchased such article or substance pursuant to this paragraph or paragraph (a) of this subsection, reimburse the person for any amounts paid in accordance with this section for the return of such article or substance in connection with its repurchase; and
(c) If the manufacturer requires the return of such article or substance in connection with the repurchase of it, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer.
(3) In the case of any such article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to the dealer, the dealer shall refund to the purchaser the purchase price paid for it and reimburse the person for any reasonable and necessary transportation charges incurred in its return.
(4) As used in this section:
(a) “Distributor” includes a dealer who sells at wholesale an article or substance with respect to that sale.
(b) “Manufacturer” includes an importer for resale.

Legislative History

1971 c.409 §13; 2005 c.22 §324; 2009 c.595 §883