339D-7.5 Manufacturer and agent responsibilities; regulatory compliance.
§339D-7.5 Manufacturer and agent responsibilities; regulatory compliance. Each electronic device manufacturer and television manufacturer shall be responsible for ensuring that the manufacturer and its agents follow all federal, state, and local regulations when collecting, transporting, and recycling covered electronic devices or covered televisions, and adopt environmentally sound recycling practices for the covered electronic devices or […]
339D-8 Enforcement.
§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 electronic device or television manufacturer or retailer for failure to comply with this chapter […]
339D-9 Administrative penalties; fees.
§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 authorized to set, charge, and collect administrative fines and to recover administrative fees […]
339D-10 Electronic device recycling fund.
§339D-10 Electronic device recycling fund. (a) There is established in the state treasury the electronic device recycling fund into which shall be deposited all fees, payments, and penalties collected by the department pursuant to this chapter. (b) The electronic device recycling fund shall be administered by the department of health. Moneys in the fund shall […]
339D-11 Financial and proprietary information; report.
§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 exempt from public disclosure to the extent permitted by chapter 92F. (b) The department shall compile the information submitted […]
339D-12 Federal preemption.
§339D-12 Federal preemption. (a) Part II of this chapter shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the collection and recycling of covered electronic devices that substantially meets the intent of part II of this chapter, including the creation of a […]
339D-21 Applicability.
Revision Note This part, designated as part III by L 2009, c 183, §6, is redesignated as part IV pursuant to §23G-15. §339D-21 Applicability. The recycling provisions of this part shall apply only to covered televisions used and discarded in this State by a covered entity. [L 2009, c 183, pt of §6]
339D-22 Television manufacturers.
§339D-22 Television manufacturers. (a) No television manufacturer shall sell or offer for sale any new covered television in this State unless: (1) The covered television is labeled with a brand, whether licensed or owned, and the label is permanently affixed; and (2) The brand is included in a registration that is filed with the department […]
339D-23 Television manufacturer responsibility.
§339D-23 Television manufacturer responsibility. (a) Beginning January 1, 2011, a television manufacturer shall recycle or arrange for the recycling of any covered television sold in the State. (b) By June 1, 2010, and annually thereafter, each television manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the recycling […]
339D-1 Definitions.
Note Section 339D-1 designated as part I by L 2009, c 183, §3. §339D-1 Definitions. As used in this chapter: “Brand” means a symbol, word, or mark that identifies a covered electronic device or a covered television, rather than any of its components. “Covered electronic device” [See note below.]: (1) Means a computer, computer printer, […]