EPA 609 small can refrigerant sales rules
This page covers the restriction on selling small containers of MVAC refrigerant in 40 CFR 82.34(b), the seller's duties in 82.42(b)(3) and the store sign in 82.42(c). Each point quotes the rule and links to it.
The short answer
Since November 15, 1992, no person may sell or distribute a class I or class II substance suitable for use as an MVAC refrigerant in a container of less than 20 pounds to anyone who is not properly trained and certified under 82.40, unless the buyer intended the containers for resale only and so certifies to the seller. The seller must verify the buyer's certification or, for resale only, obtain a written statement with the buyer's name and business address, and keep these records for three years. Retail sellers must prominently display a sign with the wording set in 82.42(c) where such containers are sold.
Each part of this answer is quoted from the rule below.
The sales restriction
Since November 15, 1992, no person may sell or distribute, or offer to sell or distribute, a class I or class II substance suitable for use as an MVAC refrigerant in a container holding less than 20 pounds of it, except as the next point allows.
“Effective November 15, 1992, no person may sell or distribute, or offer for sale or distribution, any class I or class II substance that is suitable for use as a refrigerant in motor vehicle air-conditioner and that is in a container which contains less than 20 pounds of such refrigerant to any person”
Such a sale is allowed only to a buyer who is properly trained and certified under 82.40, or who intended the containers for resale only and so certifies to the seller under 82.42(b)(3).
“to any person unless that person is properly trained and certified under § 82.40 or intended the containers for resale only, and so certifies to the seller under § 82.42(b)(3).”
Class I and class II substances are listed in 40 CFR Part 82, Subpart A, Appendix A.
“Class I and class II substances are listed in part 82, subpart A, appendix A.”
In the Subpart B definition, refrigerant has also included any substitute substance since November 15, 1995.
“Effective November 15, 1995, refrigerant shall also include any substitute substance.”
Not covered here
We do not cover sales rules for small containers of substitute refrigerants here, because the Subpart B sales restriction and sign text name only class I and class II substances. The federal sales restriction that also reaches non-exempt substitute refrigerants is in Subpart F (40 CFR 82.154(c)). We only write what an official source states, so study these parts with your certifying program's materials.
What the seller must do
Anyone who sells or distributes these containers (class I or class II, suitable for MVACs, less than 20 pounds) must verify that the buyer is properly trained and certified under 82.40.
“Any person who sells or distributes any class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner and that is in a container of less than 20 pounds of such refrigerant must verify that the purchaser is properly trained and certified under § 82.40.”
The seller must have a reasonable basis for believing that the information the buyer presents is accurate.
“The seller must have a reasonable basis for believing that the information presented by the purchaser is accurate.”
Proof of certification (a certification-program duty)
Proof of certification is a duty of the certification program, not of the seller: among the standards a program must meet for EPA approval under 82.40(a), each certification program must offer individual proof of certification, such as a certificate, wallet-sized card or display card, upon successful completion of the test, and must provide a unique number for each certified technician.
“Each certification program must offer individual proof of certification, such as a certificate, wallet-sized card, or display card, upon successful completion of the test. Each certification program must provide a unique number for each certified technician.”
Resale-only purchases
The only exception to the verification requirement is a buyer purchasing the small containers for resale only.
“The only exception to these requirements is if the purchaser is purchasing the small containers for resale only.”
In that case the seller must obtain a written statement from the buyer that the containers are for resale only, giving the buyer's name and business address.
“In this case, the seller must obtain a written statement from the purchaser that the containers are for resale only and indicate the purchasers name and business address.”
Records required under 82.42(b)(3) must be kept for three years.
“Records required under this paragraph must be retained for a period of three years.”
The store sign
Any person making retail sales of a class I or class II substance suitable for use as an MVAC refrigerant, in containers of less than 20 pounds, must prominently display a sign where sales of those containers occur.
“Any person who conducts any retail sales of a class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner, and that is in a container of less than 20 pounds of refrigerant, must prominently display a sign where sales of such containers occur”
The sign must state: "It is a violation of federal law to sell containers of Class I and Class II refrigerant of less than 20 pounds of such refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment."
“It is a violation of federal law to sell containers of Class I and Class II refrigerant of less than 20 pounds of such refrigerant to anyone who is not properly trained and certified to operate approved refrigerant recycling equipment.”
Sources
- eCFR: 40 CFR 82.34, Prohibitions and required practices (as of Nov 3, 2026)Checked November 5, 2026
- eCFR: 40 CFR 82.32, Definitions (as of Nov 3, 2026)Checked November 5, 2026
- eCFR: 40 CFR 82.42, Certification, recordkeeping and public notification requirements (as of Nov 3, 2026)Checked November 5, 2026
- eCFR: 40 CFR 82.40, Technician training and certification (as of Nov 3, 2026)Checked November 5, 2026