Dear Retailer:
In September 2003, the
California Legislature passed the Electronic Waste
Recovery Act (Act) (SB 20, Chapter 526, Statutes of
2003, Senator Sher). The law establishes an advanced
recycling fee collected at the point of sale or lease.
The funds will be used to provide financial relief to
collectors and recyclers of "covered electronic
wastes." The law also requires manufacturers to notify
retailers of their products which are subject to the fee
no later than April 1, 2004. This letter is to notify
your company of this law and the products that are
subject to the advanced recycling fee.
Covered electronic
devices currently subject to the Act include all
computer monitors and televisions that contain cathode
ray tubes (CRTs) or liquid crystal display (LCD)
monitors and laptop computers. Please visit Department
of Toxic Substances website at www.dtsc.ca.gov/HazardousWaste/CRTs/SB20.html
for more information on covered devices. The fee ranges
from $6.00 to $10.00 depending on the size of the
screen. (See excerpt from the law below.) Retailers must collect the fee and remit it to the State of California according to the schedule that will be established in the next few months.
While the law requires that the fee be imposed beginning July 1, 2004, discussion is underway that may result in a delay in the
implementation date. You should monitor the California
Integrated Waste Management Board's website (www.ciwmb.ca.gov/electronics/Act2003)
for updates and further guidance.
The full text of the law
can be found at: www.leginfo.ca.gov.
An excerpt is provided below. You may wish to refer to
the CIWMB and DTSC websites as both agencies have
developed tools designed to assist interested parties
and stakeholders with implementation of the law. (www.ciwmb.ca.gov/Electronics/Act2003/
and www.dtsc.ca.gov/HazardousWaste/CRTs/SB20.html).
Pursuant to this new law, the retailer or direct seller
must impose a fee:
42464. (a) On and after July 1, 2004, a covered
electronic waste recycling fee is hereby imposed upon
the first sale in the state of a covered electronic
device to a consumer by a retailer.
(b) A retailer that sells a covered electronic device to
a consumer shall collect the fee imposed under
subdivision (a) for each covered electronic device sold
by the retailer in the following amounts:
(1) Six dollars ($6) for each covered electronic device
with a screen size of less than 15 inches measured
diagonally.
(2) Eight dollars ($8) for each covered electronic
device with a screen size greater than or equal to 15
inches but less than 35 inches measured diagonally.
(3) Ten dollars ($10) for each covered electronic device
with a screen size greater than or equal to 35 inches measured diagonally.
© The electronic waste recycling fee collected
pursuant to this section shall be transmitted to the
board in accordance with a schedule and procedure that
the board shall establish pursuant to Sections 42475 and
42475.2. The covered electronic waste recycling fees
shall be deposited in the account pursuant to Section
42476.
There are certain exemptions and exclusion to the definitions of consumer and covered electronic device that you should be aware of:
42463. (d) (1) "Consumer" means a purchaser or owner of a covered electronic device. "Consumer" also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer.
(2) (A) "Consumer"
does not include a manufacturer who purchases specialty
or medical electronic equipment that is a covered
electronic device.
(B) For purposes of this paragraph, "medical
electronic equipment" includes, but is not limited
to, radiotherapy equipment, cardiology equipment,
dialysis equipment, pulmonary ventilators, nuclear
medicine equipment, laboratory equipment for in-vitro
diagnosis, analyzers and freezers.
© For purposes of this paragraph "specialty
electronic equipment" includes, but is not limited
to, smoke detectors, heating regulators, and
thermostats.
(e) "Department" means the Department of Toxic
Substances Control.
(f) (1) "Covered electronic device" means a
cathode ray tube, cathode ray tube device, flat panel
screen, or any other similar video display device with a
screen size that is greater than four inches in size
measured diagonally and which the department determines,
when discarded or disposed, would be a hazardous waste
pursuant to Chapter 6.5 (commencing with Section 25100)
of Division 20 of the Health and Safety Code.
(2) "Covered electronic device" does not
include an automobile or a large piece of commercial or
industrial equipment, including, but not limited to,
commercial medical equipment, that contains a cathode
ray tube, cathode ray tube device, flat panel screen, or
other similar video display device that is contained
within, and is not separate from, the larger piece of
industrial or commercial equipment.
Emergency regulations
will be adopted by the CIWMB and DTSC to implement the
Electronic Waste Recycling Act. The draft regulations
will be posted for public review and comment on March
23, 2004 at www.ciwmb.ca.gov/Electronics/Act2003/.
Sincerely,
Medtronic Xomed
|
Important Safety Information