SECTIONS 42465-42465.3 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42465-42465.3

42465. On and after the date specified in subdivision (a) of
Section 42464, a person shall not sell a new or refurbished covered
electronic device to a consumer in this state if the board or
department determines that the manufacturer of that covered
electronic device is not in compliance with this chapter or as
provided otherwise by Section 25214.10.1 of the Health and Safety
Code.

42465.1. On and after January 1, 2005, or as specified otherwise in
Section 25214.10.1 of the Health and Safety Code, a person may not
sell or offer for sale in this state a new or refurbished covered
electronic device unless the device is labeled with the name of the
manufacturer or the manufacturer's brand label, so that it is readily
visible.

42465.2. (a) On or before July 1, 2005, or as specified otherwise
in Section 25214.10.1 of the Health and Safety Code, and at least
once annually thereafter as determined by the board, each
manufacturer of a covered electronic device sold in this state shall
do all of the following:
(1) Submit to the board a report that includes all of the
following information:
(A) An estimate of the number of covered electronic devices sold
by the manufacturer in the state during the previous year.
(B) A baseline or set of baselines that show the total estimated
amounts of mercury, cadmium, lead, hexavalent chromium, and PBB's
used in covered electronic devices manufactured by the manufacturer
in that year and the reduction in the use of those hazardous
materials from the previous year.
(C) A baseline or set of baselines that show the total estimated
amount of recyclable materials contained in covered electronic
devices sold by the manufacturer in that year and the increase in the
use of those recyclable materials from the previous year.
(D) A baseline or a set of baselines that describe any efforts to
design covered electronic devices for recycling and goals and plans
for further increasing design for recycling.
(E) A list of those retailers, including, but not limited to,
Internet and catalog retailers, to which the manufacturer provided a
notice in the prior 12 months pursuant to Section 42465.3 and
subdivision (c) of Section 25214.10.1 of the Health and Safety Code.
(2) Make information available to consumers, that describes where
and how to return, recycle, and dispose of the covered electronic
device and opportunities and locations for the collection or return
of the device, through the use of a toll-free telephone number,
Internet Web site, information labeled on the device, information
included in the packaging, or information accompanying the sale of
covered electronic device.
(b) (1) For the purposes of complying with paragraph (1) of
subdivision (a), a manufacturer may submit a report to the board that
includes only those covered electronic devices that include
applications of the compounds listed in subparagraph (B) of paragraph
(1) of subdivision (a) that are exempt from the Directive 2002/95/EC
adopted by the European Parliament and the Council of the European
Union on January 27, 2003, and any amendments made to that directive,
if both of the following conditions are met, as modified by Section
24214.10 of the Health and Safety Code:
(A) The manufacturer submits written verification to the
department that demonstrates, to the satisfaction of the department,
that the manufacturer is in compliance with Directive 2002/95/EC, and
any amendments to that directive, for those covered electronic
devices for which it is not submitting a report to the board pursuant
to this subdivision.
(B) The department certifies that the manufacturer is in
compliance with Directive 2002/95/EC, and any amendments to that
directive, for those covered electronic devices for which the
manufacturer is not submitting a report to the board pursuant to this
subdivision.
(2) When reporting pursuant to this subdivision, a manufacturer is
required only to report on specific applications of compounds used
in covered electronic devices that are exempt from Directive
2002/95/EC.
(c) Any information submitted to the board pursuant to subdivision
(a) that is proprietary in nature or a trade secret shall be subject
to protection under state laws and regulations governing that
information.

42465.3. A manufacturer of a covered electronic device shall comply
with the notification requirements of subdivision (c) of Section
25214.10.1 of the Health and Safety Code.