Section 650.220 - Repurchase of Banned Hazardous Substances(1)Definitions Used for the Purposes of 105 CMR 650.000. (a)Manufacturer includes any person who manufacturers or imports an article or substance for distribution or sale, including importers for resale, except that in the case of an article or substance distributed or sold under a name other than that of the actual manufacturer of the article or substance, the term "manufacturer" includes any person under whose name the article or substance is distributed or sold.(b)Distributor includes any person, including any person who would otherwise be considered a dealer, who sells an article or substance at wholesale.(c)Dealer includes any person who sells an article or substance at retail.(d)Purchase Price means the amount of money paid to acquire an article or substance, including all taxes, but excluding transportation or shipping costs and finance, interest, or service charges.(e)Reasonable and Necessary Transportation Charges, when used in connection with the return of an article or substance to a dealer, means: 1. the actual costs incurred in returning the product in any manner reasonably specified by the dealer, including personal conveyance; or2. the actual costs incurred in returning the products by mail, commercial carrier, or any other manner, including personal conveyance, reasonably utilized in the absence of specific instructions by the dealer.(f)Reasonable and Necessary Expense when used in connection with the return of an article or substance to a distributor or manufacturer shall include the cost of labor, administration and transportation in the handling, processing, and shipping of that product.(2)Repurchase. In the case of 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, such article or substance shall 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 refund to that person the purchase price paid for such article or substance. If that person repurchased such article or substance pursuant to the provisions of 105 CMR 650.220, the manufacturer shall reimburse him or her for any amounts paid in connection with its repurchase, and reimburse such person for any reasonable and necessary expenses incurred in returning it to the manufacturer.(b) The distributor of any such article or substance shall repurchase it from the person to whom he or she sold it, and shall refund to that person the purchase price paid for such article or substance. If that person has repurchased such article or substance pursuant to the provisions of 105 CMR 650.220, the distributor shall reimburse him or her for any amounts paid for the return of such article or substance in connection with its repurchase and reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor.(c) 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 her, the dealer shall refund the purchase price paid for it and reimburse him or her for any reasonable and necessary transportation charges incurred in its return.