260.1062. Recovery plan required, contents--use of existing infrastructure permitted--report required. - Missouri Statutes

Recovery plan required, contents--use of existing infrastructurepermitted--report required.

260.1062. 1. Before a manufacturer may offer equipment for sale inthis state, the manufacturer shall:

(1) Adopt and implement a recovery plan;

(2) Submit a written copy of the recovery plan to the department; and

(3) Affix a permanent, readily visible label to the equipment withthe manufacturer's brand.

2. The recovery plan shall enable a consumer to recycle equipmentwithout paying a separate fee at the time of recycling and shall includeprovisions for:

(1) The manufacturer's collection from a consumer of any equipmentthat has reached the end of its useful life and is labeled with themanufacturer's brand; and

(2) Recycling or reuse of equipment collected under subdivision (1)of this subsection.

3. The collection of equipment provided under the recovery plan shallbe:

(1) Reasonably convenient and available to consumers in this state;and

(2) Designed to meet the collection needs of consumers in this state.

4. Examples of collection methods that alone or combined meet theconvenience requirements of this section include a system:

(1) By which the manufacturer or the manufacturer's designee offersthe consumer an option for returning equipment by mail at no charge to theconsumer;

(2) Using a physical collection site that the manufacturer or themanufacturer's designee keeps open and staffed and to which the consumermay return equipment; and

(3) Using a collection event held by the manufacturer or themanufacturer's designee at which the consumer may return equipment.

5. Collection services under this section may use existing collectionand consolidation infrastructure for handling equipment and may includesystems jointly managed by a group of manufacturers, electronic recyclersand repair shops, recyclers of other commodities, reuse organizations,not-for-profit corporations, retailers, recyclers, and other suitableoperations. If a manufacturer or its designee offers a mail-back system asdescribed in subsection 4 of this section, either individually or byworking together with a group of manufacturers or by working with others,it shall be deemed to meet the convenience requirements of this section.

6. The recovery plan shall include information for the consumer onhow and where to return the manufacturer's equipment. The manufacturer:

(1) Shall include collection, recycling, and reuse information on themanufacturer's publicly available Internet site;

(2) Shall provide collection, recycling, and reuse information to thedepartment; and

(3) May include collection, recycling, and reuse information in thepackaging for or in other materials that accompany the manufacturer'sequipment when the equipment is sold.

7. Information about collection, recycling, and reuse on amanufacturer's publicly available Internet site does not constitute adetermination by the department that the manufacturer's recovery plan oractual practices are in compliance with sections 260.1050 to 260.1101 orother state or federal law.

8. Each manufacturer shall submit a report to the department notlater than January thirty-first of each year that includes:

(1) The weight of equipment collected, recycled, and reused duringthe preceding calendar year; and

(2) Documentation certifying that the collection, recycling, andreuse of equipment during the preceding calendar year was conducted in amanner that complies with section 260.1089 regarding sound environmentalmanagement.

9. If more than one person is a manufacturer of a certain brand ofequipment as defined by section 260.1053, any of those persons may assumeresponsibility for and satisfy the obligations of a manufacturer undersections 260.1050 to 260.1101 for that brand. If none of those personsassumes responsibility or satisfies the obligations of a manufacturer forthe equipment of that brand, the department may consider any of thosepersons to be the responsible manufacturer for purposes of sections260.1050 to 260.1101.

10. The obligations under sections 260.1050 to 260.1101 of amanufacturer who manufactures or manufactured equipment, or sells or soldequipment manufactured by others, under a brand that was previously used bya different person in the manufacture of the equipment extends to allequipment bearing that brand regardless of its date of manufacture.

(L. 2008 S.B. 720)

*Contingent expiration date, see § 260.1092