SECTIONS 108310-108315 - California Statutes

HEALTH AND SAFETY CODE

SECTION 108310-108315

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.

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.