§339D-23 Manufacturer responsibility. (a) Beginning January 1, 2023, a manufacturer shall recycle or arrange for the recycling or reuse of any electronic device sold in the State. Manufacturers shall fully fund their recycling plan, including the collection, transportation, and recycling of all electronic devices in the State.
(b) By September 1, 2022, and annually thereafter, each manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling of electronic devices sold in the State, which shall be subject to the following conditions:
(c) The department shall review each manufacturer's plan and, within sixty days of receipt of the plan, determine whether the plan complies with this part. If the plan is approved, the department shall notify the manufacturer or group of manufacturers. Upon department approval, the manufacturer or group of manufacturers shall implement the plan. If the plan is rejected, the department shall notify the manufacturer or group of manufacturers and provide the reasons for the plan's rejection. Within thirty days after receipt of the department's rejection, the manufacturer or group of manufacturers may revise and resubmit the plan to the department for approval.
(d) Each manufacturer may develop its own recycling plan or may collaborate with other manufacturers.
(e) The obligations under this chapter for a manufacturer that manufactures or manufactured electronic devices, or who sells or sold electronic devices manufactured by others, under a brand that was previously used by a different person in the manufacture of electronic devices, shall extend to all electronic devices bearing that brand. [L 2009, c 183, pt of §6; am L 2022, c 151, §12; am L 2025, c 162, §3]