Sec. 21a-346. (Formerly Sec. 19-569). Repurchase of banned articles.
Sec. 21a-346. (Formerly Sec. 19-569). Repurchase of banned articles. (a) Any
article or substance sold by its manufacturer, distributor or dealer which is a banned
hazardous substance, whether or not it was such at the time of its sale, shall, in accordance
with regulations of the administrator, be repurchased as follows: (1) The manufacturer
of any such article or substance shall repurchase it from the person to whom he sold it
and shall (A) refund that person the purchase price paid for such article or substance,
(B) if that person has repurchased such article or substance pursuant to subdivision (2)
or (3) of this subsection, reimburse him for any amounts paid in accordance with that
subdivision 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 his repurchase of it in accordance with this subdivision, reimburse that person for
any reasonable and necessary expenses incurred in returning it to the manufacturer. (2)
The distributor of any such article or substance shall repurchase it from the person to
whom he sold it and shall (A) refund that person the purchase price paid for such article
or substance, (B) if that person has repurchased such article or substance pursuant to
subdivision (3), reimburse him for any amounts paid in accordance with that subdivision
for the return of such article or substance in connection with its repurchase, and (C) if
the distributor requires the return of such article or substance in connection with his
repurchase of it in accordance with this subdivision, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor. (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 him or tenders the sales receipt for such article or substance,
the dealer shall refund the purchaser the purchase price paid for it and reimburse him
for any reasonable and necessary transportation charges incurred in its return.
(b) For the purposes of this section the term "manufacturer" includes (1) an importer
for resale, and (2) 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.
(c) Any person who violates any provision of this section shall be guilty of a class
C misdemeanor.
(1971, P.A. 121, S. 12.)
History: Sec. 19-569 transferred to Sec. 21a-346 in 1983.