TITLE 23
Health and Safety

CHAPTER 23-24.10
Electronic Waste Prevention, Reuse and Recycling Act

SECTION 23-24.10-8


§ 23-24.10-8. Labeling and registration requirements.

(a) On and after the effective date of this section, a manufacturer or retailer may not sell or offer for sale a covered electronic product in the state unless it is labeled with the manufacturer's brand and the label is permanently affixed and readily visible.

(b) Registration. Before October 15 of each year, a manufacturer of covered electronic products sold or offered for sale in this state shall register with and pay a fee of five thousand dollars ($5,000) to the department. The registration shall include:

(1) A list of all the brands manufactured, sold, or imported by the manufacturer, including those brands being offered for sale in this state by the manufacturer;

(2) A statement of whether the manufacturer will be implementing a manufacturer program or utilizing the state program for recycling covered electronic products; and

(3) Any other information required by the department to implement this chapter.

(c) By January 1, 2009, each manufacturer, as defined in § 23-24.10-3, of new covered electronic products offered for sale for delivery in this state shall register with the department and pay to the department a registration fee of five thousand dollars ($5,000). Thereafter, if a manufacturer has not previously filed a registration, the manufacturer shall file a registration with the department prior to any offer for sale for delivery in this state of the manufacturer's new covered electronic products and shall pay to the department a registration fee of five thousand dollars ($5,000). Any manufacturer to whom or to which the department provides notification of a return share, return share by weight, market share or market share by weight pursuant to §§ 23-24.10-12(d) and (e) and who has not previously filed a registration shall, within thirty (30) days of receiving such notification, file a registration with the department and shall pay to the department a registration fee of five thousand dollars ($5,000).

(d) If a manufacturer has a return share or market share but has not sold units in the state for three (3) years or more, the manufacturer is still required to register but is not required to pay the five thousand dollar ($5,000) registration fee.

(1) Each registered manufacturer shall submit an annual renewal of its registration to the department by October 15 of each year.

(2) The registration and each annual renewal shall include a list of all of the manufacturer's brands of covered electronic products and shall be effective upon receipt by the department.

(3) All registration fees collected by the department shall be deposited in the environmental response fund established pursuant to § 23-19.1-23.

(4) Manufacturers who or that no longer sell or deliver covered electronic products in the state via POS or internet but still have a return or market share must register with the department but shall not be required to pay the five thousand dollar ($5,000) registration fee but shall be required to bear manufacturer responsibility pursuant to § 23-24.10-9.

History of Section.
(P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3; P.L. 2010, ch. 122, § 1; P.L. 2017, ch. 391, § 1; P.L. 2017, ch. 430, § 1.)