Section ATCP 136.10 - Buying and selling refrigerant(1) CONTAINER SIZE; GENERAL. No person may buy, sell or consign refrigerant in a container holding less than 15 pounds of ozone-depleting refrigerant.(2) SELLING NEW OR RECLAIMED REFRIGERANT. No person may sell or consign new or reclaimed refrigerant, except to one of the following: (a) A person who sells or resells that refrigerant in its original container, to persons identified under par. (b). A sale or consignment does not violate this paragraph if the seller or con-signor relies in good faith on a written statement from the buyer or consignee that does all the following:1. Contains the legal name and business address of the buyer or consignee.2. Guarantees that the buyer or consignee will sell or resell the refrigerant only in its original container.3. Guarantees that the buyer or consignee will sell or resell the refrigerant only to persons identified in par. (b).(3) BUYING AND SELLING RECOVERED REFRIGERANT. (a) No person may sell or consign recovered refrigerant, except to one of the following: 1. A technician who sells or consigns the recovered refrigerant to the operator of an approved reclamation facility for reclamation at that facility, or who uses approved recycling equipment under s. ATCP 136.12(3) to recycle the refrigerant for reuse in mobile air conditioners.3. An approved refrigerant reclamation facility.(b) Only the following persons may sell or consign recovered refrigerant to a person in this state: 3. A person registered with the state of Wisconsin, department of natural resources under ch. NR 488.(c) No person may buy recovered refrigerant in this state, or receive recovered refrigerant on consignment in this state, from any person other than a person identified under par. (b).(4) SELLING RECYCLED REFRIGERANT.(a) No person may sell or consign recycled refrigerant except to one of the following: 1. A technician who sells or consigns the recycled refrigerant to the operator of an approved reclamation facility for reclamation at that facility.3. An approved refrigerant reclamation facility.(5) MISREPRESENTATIONS. No person may represent any of the following, either directly or by implication: (a) That used refrigerant is new refrigerant.(b) That used refrigerant is recycled unless it meets applicable purity standards for recycled refrigerant under s. ATCP 136.14(1).(c) That used refrigerant is reclaimed unless it is reclaimed at an approved refrigerant reclamation facility and meets purity standards for reclaimed refrigerant under s. ATCP 136.14(2).(d) That a substitute refrigerant may be used as a replacement for a class I substance as defined in 42 usc 7671(3), or a class II substance as defined in 42 usc 7671(4), unless the person discloses the special repair and service requirements under s. ATCP 136.16(4).(6) USED REFRIGERANT; CONTAINERS AND LABELING. No person may hold, sell or consign used refrigerant except in a container that complies with standards adopted by the United States department of transportation under 49 CFR 173.304. The container shall be clearly labeled to indicate all of the following:(a) The type of refrigerant.(b) Whether the refrigerant is recovered, recycled or reclaimed.(7) PURCHASE RECORDS. A person who buys refrigerant or receives refrigerant on consignment shall keep an accurate record of all the following:(a) The legal name and complete address of the person from whom that person purchased or received that refrigerant.(b) The type and amount of refrigerant purchased or received.(c) Whether, at the time of purchase or receipt, the refrigerant was new, reclaimed, recycled or recovered. Note: A purchaser or consignee may use purchase or consignment invoices to comply with sub. (7) if the invoices contain all of the information required under sub. (7).
(8) SALES RECORDS. A person who sells or consigns refrigerant to another person shall keep accurate records of all the following:(a) The legal name and complete address of the person to whom the refrigerant was sold or consigned.(b) The type and amount of refrigerant sold or consigned.(c) Whether, at the time of sale or consignment, the refrigerant was new, reclaimed, recycled or recovered.(d) A copy of any written guarantee received under sub. (2) (a) from the buyer or consignee. Note: A seller or consignor may use sale or consignment invoices to comply with this subsection if the invoices contain all of the information required under this subsection.
(9) AVAILABILITY OF RECORDS. A person required to keep a record under sub. (7) or (8) shall retain that record for at least 2 years, and shall make the record available for inspection and copying by the department upon request.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 136.10
Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections in (2) (c) and (3) (b) 4. made under s. 13.93(2m) (b) 6 and 7., Stats., Register, April, 1999, No. 520; r. and recr. (2) (intro.), (a), (3) (a) 2., am. (3) (a) (intro.) and 1., (b) (intro.), (4) (a) (intro.), 1., (7) (a), (8) (a), r. (3) (b) 2., (4) (a) 2., (b), cr. (5) (d), Register, January, 2001, No. 541, eff. 2-1-01; corrections in (2) (c), (3) (a) 2. and (b) 4. made under s. 13.92(4) (b) 6, 7., Stats., Register January 2012 No. 673; CR 13-043: am. (1) Register February 2014 No. 698, eff. 5-1-14.Amended by, CR 15-015: am. (2) (a) (intro.), 3., (b), r. (2) (c), (d), am. (3) (a) 1., r. (3) (a) 2., r. and recr. (3) (b) 1., r. (3) (b) 4., am. (4) (a) 1. Register January 2016 No. 721, eff.2/1/2016