Title 19, Health

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]

§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 …

§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…

§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…

[§339D-23.2] Record keeping requirements. (a) Each manufacturer shall maintain records, for a minimum of five years, of the following: (b) Nothing in this section is intended to exempt any person from liability that the person would otherwise have under applicable law. [L 2022, c…

§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…

§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…

§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…

§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…

§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;…

[§339D-28] Collector registration. (a) By January 1, 2023, each collector shall register with the department, using forms prescribed by the department, and pay to the department a registration fee of $250. Thereafter, if a collector has not previously registered with the departme…

[§339D-29] Collector record keeping requirements. Each collector shall maintain records for a minimum of five years of the following:

§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 …

[§339D-31] Collector responsibility. Each collector shall possess and maintain all necessary business and environmental permits. [L 2022, c 151, pt of §1]

[PART III.] GENERAL PROVISIONS [§339D-7] Regulatory authority. The department may adopt rules, pursuant to chapter 91, necessary to implement this chapter. [L Sp 2008, c 13, pt of §2]

§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…

§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…

§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 …