ORS 453.075
Repurchase of banned hazardous substances previously sold

  • refund of purchase price

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

Source: Section 453.075 — Repurchase of banned hazardous substances previously sold; refund of purchase price, https://www.­oregonlegislature.­gov/bills_laws/ors/ors453.­html.

453.001
Definitions for ORS 453.001 to 453.185 453.005
Definitions for ORS 453.005 to 453.135 453.015
Application 453.025
Certain practices not affected by ORS 453.005 to 453.135 453.035
Standards for labeling of hazardous substances 453.045
Poison registers 453.055
Hazardous, banned hazardous, misbranded hazardous substances 453.065
Detention of suspected substances 453.075
Repurchase of banned hazardous substances previously sold 453.085
Prohibited acts 453.095
Rules 453.105
Authority to enter premises 453.115
Access to records of persons carrying, receiving or storing in commerce 453.125
Enjoining violations 453.135
Notice required prior to institution of criminal proceedings 453.175
Necessity for poison label 453.185
False representation by purchaser prohibited 453.205
Definitions for ORS 453.205 to 453.275 453.215
Legislative findings 453.225
When presumption of toxic ingredient arises 453.235
Distribution of material containing toxic substances 453.245
Order or purchase by school of material considered to contain toxic substance prohibited 453.255
List of authorized art and craft materials 453.265
Filing of formulation information with poison control centers required 453.275
Civil penalty 453.307
Definitions for ORS 453.307 to 453.414 453.312
Legislative findings 453.317
Hazardous substance survey 453.322
Retention of information 453.327
Public access 453.332
When disclosure of identity may be withheld 453.337
When disclosure of identity of hazardous substance required 453.342
When incident of injury to be reported 453.347
Emergency response planning 453.352
Exemption from reporting requirements 453.357
Civil penalty 453.362
Department of Consumer and Business Services to supply employers’ names 453.367
Rules 453.370
Limitations on local community right to know regulatory programs 453.372
Short title 453.374
Hazardous material emergency response system 453.376
Disclosure of information to State Fire Marshal 453.378
Disclosure of information to local government official 453.380
Regional hazardous material response team 453.382
Cost of responding to emergency 453.384
Immunity of team members from liability 453.386
Equipment and personnel 453.388
Contracts for equipment, personnel loans or equipment purchases 453.390
Revolving fund 453.392
Spills or releases during transportation by rail 453.394
Oil and Hazardous Material Transportation by Rail Action Fund 453.396
Definitions for ORS 453.396 to 453.414 453.398
Purpose 453.400
Possession of hazardous substance 453.402
Fees 453.404
Extension of payment date 453.406
Records of hazardous substance possessed 453.408
Rules 453.410
Application of ORS chapters 305 and 314 453.412
Deposit and distribution of moneys received from fees 453.414
Exemption for local government 453.520
Department of the State Fire Marshal as state emergency response commission 453.605
Definitions for ORS 453.605 to 453.800 453.615
Statement of policy 453.625
Purpose of ORS 453.605 to 453.800 453.635
State Radiation Control Agency 453.645
Radiation Advisory Committee 453.655
License or registration required for radiation source 453.665
Licenses 453.671
Vendor license 453.675
State assumption of federal responsibility for radiation sources 453.685
Entry on property for inspection purposes 453.695
Records concerning radiation source 453.705
Impounding radiation source upon violation 453.715
Injunction against violation 453.726
Definitions for ORS 453.726 to 453.734 453.727
Purpose of ORS 453.726 to 453.734 453.728
Tanning device to comply with federal requirements 453.729
Standards and regulation of tanning devices 453.730
Written warning statement and sign 453.731
Civil penalty for violation of ORS 453.726 to 453.734 453.732
Disposition of receipts 453.734
Prohibition on use of tanning devices by persons under 18 years of age 453.735
ORS 453.605 to 453.800 and rules supersede contrary laws or regulations 453.745
Intergovernmental cooperation to control radiation sources 453.752
X-ray machine registration 453.754
Application for X-ray machine registration 453.757
X-ray machine biennial registration fee 453.761
X-ray machine registration period 453.766
Prohibited conduct 453.771
Imposition of civil penalty for X-ray machine registration violations 453.775
Duties of Oregon Health Authority pertaining to X-ray machines 453.780
Radiology inspectors 453.785
Accreditation 453.790
Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation 453.795
Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors 453.800
X-ray Machine Inspection Account 453.805
Elimination of radiation source danger 453.807
When hearing required 453.825
Department of Transportation plan for regulating transport of hazardous substances and radioactive waste 453.835
Report to legislative committee 453.855
Purpose 453.858
Definitions for ORS 453.855 to 453.912 453.861
Applicability 453.864
Rules 453.867
Restriction on transfer of property used as illegal drug manufacturing site 453.870
Transfer allowed after full disclosure 453.873
Entry onto property 453.876
Determination that property is not fit for use 453.879
Director of the Department of Consumer and Business Services to be notified of determination 453.882
Contaminated property as public nuisance 453.885
Decontamination of property 453.886
Notice by county or local government required before incurring costs 453.888
License required to perform decontamination 453.891
Oregon Health Authority to provide information to licensed contractors and those planning to become licensed 453.894
Licensing fees 453.897
Lists of licensed contractors to be made available 453.900
Inspection of decontamination work 453.903
Evaluation of decontamination projects 453.906
Condemnation or demolition of property 453.909
Authority of counties and cities 453.912
Governmental immunity from liability 453.990
Criminal penalties 453.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 453.075’s source at oregon​.gov