Mass. Gen. Laws » Part I Title XV Chapter 94B
Massachusetts General Laws

Mass. Gen. Laws ch. 94B, § 8 (2026)

Repurchase of banned hazardous substances

✓ current as of July 2026
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Section 8. 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 commissioner, be repurchased as follows:

(a) The manufacturer of any such article or substance shall repurchase it from the person to whom he 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 in this section, the manufacturer shall reimburse him 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 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 this section, the distributor shall reimburse him 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, the dealer shall refund the purchase price paid for it and reimburse him for any reasonable and necessary transportation charges incurred in its return.

For the purpose 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 considered the distributor of that article or substance.

Notes of Decisions
Cited in 2 cases, 1983–1999 · leading case: Borden, Inc. v. Comm'r of Pub. Health, 448 N.E.2d 367 (Mass. 1983).
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Borden, Inc. v. Comm'r of Pub. Health, 448 N.E.2d 367 (Mass. 1983). · cites it 8× “The reason that an adjudicatory hearing is required only with respect to the issue of what supplier furnished the UFFI of which repurchase is sought is based on a proper interpretation of G. L. c. 94B, § 8. Once a product is banned under c.”
Anderson Insulation Co. v. Dep't of Pub. Health, 717 N.E.2d 662 (Mass. App. Ct. 1999). · cites it 3× “G. L. c. 94B, § 8. It was enough, under DPH’s then applicable regulations, to show that the claimant had symptoms associated with exposure to UFFI, was an owner of a building with UFFI in it, and that the person claimed against had installed that UFFI.”
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