SECTIONS 42494-42495 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42494-42495

42494. (a) On and after July 1, 2006, every retailer of cell phones
sold in this state shall have in place a system for the acceptance
and collection of used cell phones for reuse, recycling, or proper
disposal.
(b) A system for the acceptance and collection of used cell phones
for reuse, recycling, or proper disposal shall, at a minimum,
include all of the following elements:
(1) The take-back from the consumer of a used cell phone that the
retailer sold or previously sold to the consumer, at no cost to that
consumer. The retailer may require proof of purchase.
(2) The take-back of a used cell phone from a consumer who is
purchasing a new cell phone from that retailer, at no cost to that
consumer.
(3) If the retailer delivers a cell phone directly to a consumer
in this state, the system provides the consumer, at the time of
delivery, with a mechanism for the return of used cell phones for
reuse, recycling, or proper disposal, at no cost to the consumer.
(4) Make information available to consumers about cell phone
recycling opportunities provided by the retailer and encourage
consumers to utilize those opportunities. This information may
include, but is not limited to, one or more of the following:
(A) Signage that is prominently displayed and easily visible to
the consumer.
(B) Written materials provided to the consumer at the time of
purchase or delivery, or both.
(C) Reference to the cell phone recycling opportunity in retailer
advertising or other promotional materials, or both.
(D) Direct communications with the consumer at the time of
purchase.
(c) Paragraph (4) of subdivision (b) does not apply to a retailer
that only sells prepaid cell phones and does not provide the ability
for a consumer to sign a contract for cell phone service.

42495. On and after July 1, 2006, it is unlawful to sell a cell
phone to a consumer in this state unless the retailer of that cell
phone complies with this chapter.