177 



Amendments 

 1966 — Subsec (a). Pub. L 89-756 substituted "a mis- 

 branded hazardous subfetance or banned hazardous sub- 

 stance" for "In mlsbranded packages". 



Section Referred to in Other Sections 

 This section Is referred to In section 1269 of this title. 



§1274. Repurchase of banned hazardous substances; 

 procedure; definitions. 



(a) 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, in accordance with regulations of 

 the Secretary, 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 

 • i>aid for such article or substance, 



(B) if that iierson has repurchased such arti- 

 cle or substance pursuant to paragraph i2) or 

 ( 3 ) , reimburse him for any amounts paid in ac- 

 cordance with that paragraph 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 

 paragraph, reimburse that person for any rea- 

 sonable ajid necessary expanses incurred in re- 

 turning it to the manufacturer. 



(2) The distributor of any such article or sub- 

 stance 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 arti- 

 cle or substance pursuant to paragraph 1 3 ) , re- 

 imburse him for any amounts paid in accord- 

 ance with that paragraph for the return of such 

 article or substance in connection with its re- 

 purchase, and 



(O if the distributor requires the return of 

 such article or substance in connection with his 

 repurchase of it in accordance with this sub- 

 paragraph, reimburse that person for any rea- 

 sonable 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 pur- 

 chased it from the dealer returns it to him, the 

 dealer shall refund the purchaser the purchase 

 price {>aid for it and reimburse him for any reason- 

 able and necessary transportation charges incurred 

 in its return. 



(b) For the purposes of this section, < 1 ) the term 

 "manufacturer" Includes an importer-for resale, and 

 (2) a dealer who sells at wholesale an article or 

 substance shall with respect to that sale be consid- 

 ered the distributor of that article or substance. 

 (Pub. L. 86-613, § 15. as added Pub. L. 91-113, §4(a). 

 Nov. 6, 1969. 83 Stat. 189.) 



Effective Date 

 Section effective on the sixtieth day following Nov. 8, 

 1969. see section 5 of Pub L. 91-113. set out as a note un- 

 der section 1261 of this title. 



29. Highway Beautification 

 23 UJS.C. 131, 136, 319 



% 131. Control of outdoor advertising. 



(a) The Congress hereby finds and declares that 

 the erection and maintenance of outdoor advertising 

 signs, displays, and devices in areas adjacent to the 

 Interstate System and the primary system should 

 be controlled in order to protect the public Invest- 

 ment in such highways, to promote the safety and 

 recreational value of public travel, and to preserve 

 natural beauty. 



(b) Federal-aid highway funds apportioned on or 

 after January 1, 1968. to any State which the Secre- 

 tary determines has not made provision for effective 

 control of the erection and maintenance along the 

 Interstate System and the primary system of out- 

 door advertising signs, displays, and devices which 

 are within six hundred and sixty feet of the nearest 

 edge of the right-of-way and visible from the main 

 traveled way of the system, shall be reduced by 

 amounts equal to 10 per centum of the amounts 

 which would otherwise be apportioned to such State 

 under section 104 of this title, until such time as 

 such State shall provide for such effective control. 

 Any amount which is withheld from apportionment 

 to any State hereunder shall be reapportioned to 

 the other States. W^ "never he determines it to be 

 In the public interest, the Secretary may suspend, 



for such periods as he deems necessary, the appli- 

 cation of this subsection to a State. 



(c) Effective control means that after January 1, 

 1968, such signs, displays, and devices shall, pur- 

 suant to this section, be limited to (1> directional 

 and other official signs and notices, which signs and 

 notices shall include, but not be limited to, signs 

 and notices pertaining to natural wonders, scenic 

 and historical attractions, which are required or 

 authorized by law. which shall conform to national 

 standards hereby authorized to be promulgated 

 by the Secretary hereunder, which standards shall 

 contain provisions concerning the lighting, size, 

 number, and spacing of signs, and such other re- 

 quirements as may be appropriate to implement this 

 section, (2) signs, displays, and devices advertising 

 the sale or lease of property upon which they are 

 located, and (3> signs, displays, and devices adver- 

 tising activities conducted on the property on which 

 they are located. 



(d) In order to promote the reasonable, orderly 

 and effective display of outdoor advertising while 

 remaining consistent with the purposes of this sec- 

 tion, signs, displays, and devices whose size, lighting 

 and spacing, consistent with customary use is to be 

 determined by agreement between the several States 



