Effective – 28 Aug 2008 *260.1050. Citation of act. — Sections 260.1050 to 260.1101 may be cited as the “Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act”. ——– (L. 2008 S.B. 720) *Contingent expiration date, see § 260.1092
Effective – 28 Aug 2008 *260.1053. Definitions. — As used in sections 260.1050 to 260.1101, the following terms mean: (1) “Brand”, the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product; (2) “Computer materials”, a desktop or notebook computer and includes a computer monitor or other […]
Effective – 28 Aug 2008 *260.1059. Applicability of act — exceptions. — 1. The collection, recycling, and reuse provisions of sections 260.1050 to 260.1101 apply to equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility. […]
Effective – 28 Aug 2008 *260.1062. Recovery plan required, contents — use of existing infrastructure permitted — report required. — 1. Before a manufacturer may offer equipment for sale in this state, the manufacturer shall: (1) Adopt and implement a recovery plan; (2) Submit a written copy of the recovery plan to the department; and […]
Effective – 28 Aug 2008 *260.1065. Labeling requirements for sale of new equipment. — 1. A person who is a retailer of equipment shall not sell or offer to sell new equipment in this state unless the equipment is labeled with the manufacturer’s label and the manufacturer is included on the department’s list of manufacturers […]
Effective – 28 Aug 2008 *260.1068. Information on computer materials, immunity from liability, when. — 1. A manufacturer or retailer of equipment is not liable in any way for information in any form that a consumer leaves on computer materials that are collected, recycled, or reused under sections 260.1050 to 260.1101. 2. The consumer is […]
Effective – 28 Aug 2008 *260.1071. Department to educate consumers — internet site required. — 1. The department shall educate consumers regarding the collection, recycling, and reuse of equipment. 2. The department shall host or designate another person to host an internet site providing consumers with information about the recycling and reuse of equipment, including […]
Effective – 28 Aug 2008 *260.1074. Audits and inspections by department permitted — enforcement of act — warning notices — penalties may be assessed, subaccount created. — 1. The department may conduct audits and inspections to determine compliance with sections 260.1050 to 260.1101. 2. The department and the attorney general, as appropriate, shall enforce sections […]
Effective – 28 Aug 2008 *260.1077. Financial and proprietary information not a public record. — Financial or proprietary information submitted to the department under sections 260.1050 to 260.1101 shall not be considered a public record under chapter 610. ——– (L. 2008 S.B. 720) *Contingent expiration date, see § 260.1092
Effective – 28 Aug 2008 *260.1080. Report to legislative committees. — The department shall compile information from manufacturers and issue an electronic report to the committee in each house of the general assembly having primary jurisdiction over environmental matters not later than March first of each year. ——– (L. 2008 S.B. 720) *Contingent expiration date, […]
Effective – 28 Aug 2008 *260.1083. Fee not authorized, when. — Sections 260.1050 to 260.1101 do not authorize the department to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses equipment. ——– (L. 2008 S.B. 720) *Contingent expiration date, see § 260.1092
Effective – 28 Aug 2008 *260.1089. Recycling and reuse, compliance with federal, state and local law required — rulemaking authority. — 1. All equipment collected under sections 260.1050 to 260.1101 shall be recycled or reused in a manner that complies with federal, state, and local law. 2. The department shall, by rule, adopt as mandatory […]
Effective – 28 Aug 2008 *260.1092. Federal law may preempt, when. — 1. If federal law establishes a national program for the collection and recycling of equipment and the department determines that the federal law substantially meets the purposes of sections 260.1050 to 260.1101, the department may adopt an agency statement that interprets the federal […]
Effective – 28 Aug 2008 *260.1101. Rulemaking authority. — 1. The department shall adopt any rules required to implement sections 260.1050 to 260.1101 not later than July 1, 2009. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall […]
