Chapter 339D — Chapter 339D
17 sections in this chapter.
HRS §339D-1 Definitions
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PART I. DEFINITIONS §339D-1 Definitions. As used in this chapter: "Brand" means a symbol, word, or mark that identifies an electronic device, rather than any of its components. "Collector" means a person that accepts electronic devices for reuse or delivers the devices to a recyc…
HRS §339D-11 Financial and proprietary information; report
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§339D-11 Financial and proprietary information; report. (a) Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter is confidential and is ex…
HRS §339D-12 Federal preemption
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§339D-12 Federal preemption. Part IV of this chapter shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the recycling of electronic devices that substantially meets the intent of part IV of this chapter.…
HRS §339D-2 to 339D-6 REPEALED
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PART II. ELECTRONIC WASTE RECYCLING--REPEALED §§339D-2 to 339D-6 REPEALED. L 2022, c 151, §17.
HRS §339D-21 Applicability
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Part IV. Electronic device recycling and RECOVERY SYSTEM §339D-21 Applicability. The recycling provisions of this part shall apply only to electronic devices used and discarded in the State. [L 2009, c 183, pt of §6; am L 2022, c 151, §10]
HRS §339D-22 Manufacturers
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§339D-22 Manufacturers. (a) No manufacturer shall sell or offer for sale any new electronic device in the State unless: (b) By January 1, 2023, before selling or offering for sale any electronic device in the State, each manufacturer shall register with the department and pay to …
HRS §339D-23 Manufacturer responsibility
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§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 r…
HRS §339D-23.1 Manufacturer recycling goals
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§339D-23.1 Manufacturer recycling goals. (a) The department shall use the best available information to establish the weight of all electronic devices sold in the State, including the reports submitted pursuant to section 339D-23.3, state and national sales data, and other reliab…
HRS §339D-23.3 Manufacturer reporting requirements
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§339D-23.3 Manufacturer reporting requirements. (a) By August 1, 2022, and annually thereafter, each manufacturer shall report to the department its sales, by weight, of the manufacturer's electronic devices sold in the State in the previous calendar year, categorized by electron…
HRS §339D-24 Retailer responsibility
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§339D-24 Retailer responsibility. (a) Beginning January 1, 2023, no retailer shall sell or offer to sell any electronic device in the State unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to the equipment and the manufacturer has r…
HRS §339D-25 Electronic device recovery system; consumer education
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§339D-25 Electronic device recovery system; consumer education. (a) The department shall develop a consumer education program about the electronic device recycling program. (b) Beginning January 1, 2023, the department shall display on its website a toll-free number and current i…
HRS §339D-26 Environmental management
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§339D-26 Environmental management. (a) All electronic devices recovered pursuant to this part shall be recycled in a manner that complies with all applicable federal, state, and county laws and requirements. (b) The department shall adopt by reference the Institute of Scrap Recyc…
HRS §339D-27 State procurement
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§339D-27 State procurement. All state and county agencies that purchase or lease any electronic device shall require each prospective offeror to certify compliance with this part. Failure to provide certification shall disqualify the prospective offeror. [L 2009, c 183, pt of §6;…
HRS §339D-30 Collector reporting requirements
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§339D-30 Collector reporting requirements. By March 31, 2024, and annually thereafter, each collector shall report to the department the weight of all electronic devices collected for recycling and for reuse in the previous year. Reports shall be submitted on forms prescribed by …
HRS §339D-7.5 Manufacturer and agent responsibilities; regulatory compliance
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§339D-7.5 Manufacturer and agent responsibilities; regulatory compliance. Each manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling electronic devices, and…
HRS §339D-8 Enforcement
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§339D-8 Enforcement. (a) The department may conduct audits and inspections to determine compliance under this chapter. Except as provided in subsection (c), the department and the attorney general shall be empowered to enforce this chapter and take necessary action against any ma…
HRS §339D-9 Administrative penalties; fees
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§339D-9 Administrative penalties; fees. (a) In addition to any other administrative or judicial remedy provided by this chapter or by rules adopted under this chapter for a violation thereof, the department is authorized to impose by order administrative penalties and is further …