§ 14 — Retailers must collect and dispose of unwanted products

14.—(1) Where a retailer —(a)

supplies a regulated consumer product (called in this section the supplied product) to a consumer; and

(b)

in the course of such supply, delivers, or causes the delivery of, the supplied product to any premises specified by the consumer,

the consumer may require the retailer to collect from the premises, and dispose of, another regulated consumer product (called in this section the unwanted product) that is of the same class or type as the supplied product according to the classification in section 12(2)(a).

(2) If a person requires a retailer to collect and dispose of an unwanted product under subsection (1), the retailer —(a)

must, at the time of the delivery or such other time as may be agreed between the person and the retailer, collect the unwanted product from the premises mentioned in subsection (1); and

(b)

must not demand or require the person to pay any consideration for the collection and disposal of the unwanted product (such as the cost of any labour or transport).

(3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(4) A retailer commits an offence if the retailer disposes of any unwanted product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme.

(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that —(a)

the thing disposed of is an unwanted product collected under this section;

(b)

the person to whom the thing was presented is not a person operating a licensed scheme; or

(c)

the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme.

(6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.

—(1) Where a retailer —(a)

supplies a regulated consumer product (called in this section the supplied product) to a consumer; and

(b)

in the course of such supply, delivers, or causes the delivery of, the supplied product to any premises specified by the consumer,

the consumer may require the retailer to collect from the premises, and dispose of, another regulated consumer product (called in this section the unwanted product) that is of the same class or type as the supplied product according to the classification in section 12(2)(a).

(2) If a person requires a retailer to collect and dispose of an unwanted product under subsection (1), the retailer —(a)

must, at the time of the delivery or such other time as may be agreed between the person and the retailer, collect the unwanted product from the premises mentioned in subsection (1); and

(b)

must not demand or require the person to pay any consideration for the collection and disposal of the unwanted product (such as the cost of any labour or transport).

(3) A retailer who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(4) A retailer commits an offence if the retailer disposes of any unwanted product collected under this section other than by presenting it to, or by depositing it at a place directed or designated by, a person operating a licensed scheme.

(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the accused knew that —(a)

the thing disposed of is an unwanted product collected under this section;

(b)

the person to whom the thing was presented is not a person operating a licensed scheme; or

(c)

the place at which the thing was deposited was not directed or designated by a person operating a licensed scheme.

(6) A retailer who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $10,000.