1. (a) Certificates of compliance shall be made available as prescribed by RSA 149-M:36, I.
2. (b) If a supplier is unable to obtain a certificate of compliance from a manufacturer of a package or packaging component but has sufficient information to prepare the certificate, the supplier shall prepare the certificate based on that information.
3. (c) If a supplier is unable to obtain a certificate of compliance from a manufacturer of a package or packaging component and does not have sufficient information to prepare the certificate, the supplier shall not be guilty of a failure to provide the certificate if the supplier has notified the department in accordance with (e) below that the certificate is unavailable from the manufacturer.
4. (d) If a purchaser is unable to obtain a certificate of compliance from a manufacturer or supplier of a package or packaging component, the purchaser shall not be liable for failure to retain the certificate as required by RSA 149-M:36, I, if the purchaser has notified the department in accordance with (e) below that the certificate is unavailable from the manufacturer or supplier.

5. (e) Notification under (c) or (d) above shall:

   1. (1) Be in writing; and

   2. (2) Include the following:

      1. a. The name, address, and telephone number of the person filing the notification;
      2. b. The type of package or packaging component for which a certificate cannot be obtained;
      3. c. The name(s) and address(es) and, if available, the telephone number(s) of the manufacturer of the package or packaging component;
      4. d. If the notice is filed pursuant to (d) above, the name(s) and address(es) and, if available, the telephone number(s) of the supplier(s) of the package or packaging component; and
      5. e. A brief summary of the attempts made to obtain the certificate.

6. (f) No person shall be held responsible for erroneous information in a certificate of compliance if all of the following are true:

   1. (1) The person is not the manufacturer of the package or packaging component;
   2. (2) The person did not prepare the certificate;
   3. (3) The person did not have any reason to believe the information in the certificate was erroneous; and
   4. (4) The person in good faith believed the information in the certificate to be true.

Source. #7343, eff 8-12-00; (See Revision Note at chapter heading for Env-Sw 1800); ss by #8459, eff 10-28-05 (formerly Env-Wm 3505.01); ss by #10601, eff 7-1-14; ss by #14067, eff 9-3-24