A. A manufacturer shall not sell or offer for sale any covered device in this state unless the covered device is labeled with the manufacturer’s brand. The label shall be permanently affixed and readily visible.
B. A manufacturer shall not sell or offer for sale a covered device in this state unless the manufacturer has adopted and is implementing a recovery plan, either alone or in cooperation with other manufacturers.
C. The recovery plan shall fully explain how the manufacturer will collect from a consumer and recover each covered device that is labeled with the manufacturer’s brand, at no charge to the consumer. The manufacturer’s recovery plan under this subsection may use existing collection and consolidation infrastructure for handling covered devices and may include electronic recyclers and repair shops, recyclers of other commodities, reuse organizations, nonprofit corporations, retailers, recyclers, or other suitable operations.
D. The recovery plan shall provide for covered device collection services that are reasonably convenient and available, and designed to meet the collection needs of consumers in this state. Nonexclusive examples of collection methods that alone or in combination meet the convenience requirements of this section include:
1. A mail-back system, at no cost to the consumer, whereby the consumer can return a covered device through the mail, including, but not limited to, a system in which the consumer can go online, print a prepaid shipping label, package the product, and schedule an at-home pickup for shipment back to the manufacturer;
2. The providing of staffed physical collection sites at which consumers may return covered devices, sited in locations that are geographically central to the consumers served; and
3. Collection events at which consumers may return covered devices, sited in locations that are geographically central to the people served and conducted with sufficient frequency to reasonably meet the needs of the consumers served.
E. If a manufacturer does not offer a mail-back system, it shall submit for approval by the Department of Environmental Quality a plan that offers reasonably convenient collections as set forth in paragraph 2 or 3 of subsection D of this section. The Department shall review the plan for geographic distribution and frequency of collections. The Department shall notify the manufacturer within thirty (30) days of receipt of the plan whether or not the manufacturer’s plan complies with the requirements of this section. If the Department does not approve the plan, the Department shall state the reasons the plan does not comply. The manufacturer shall respond to the Department within twenty (20) days of receipt of notification of the disapproval of the plan. If the Department and the manufacturer do not agree on whether the plan should be approved, the manufacturer may seek review in a declaratory ruling proceeding under the provisions of Section 307 of Title 75 of the Oklahoma Statutes.
F. The recovery plan shall also include a statement that the manufacturer will not dispose of covered devices in landfills or transfer covered devices to computer equipment recycling facilities that dispose of covered devices in landfills other than necessary incidental disposal in de minimis amounts.
G. Each manufacturer operating or publishing a web site for providing product information about a covered device shall include information about collection and recovery for consumers and provide such information to the Department. The manufacturer shall also include such information in the packaging or accompanying the sale of the covered device.
H. No later than March 1 of each year, each manufacturer shall submit a report to the Department that includes:
1. A summary of the recovery program implemented by the manufacturer during the previous calendar year, specifically describing the methods of recovery implemented by the manufacturer;
2. The weight of covered devices collected and recovered during the previous calendar year;
3. The location and dates of collection events during the previous calendar year, if any, and the location of collection sites, if any; and
4. Certification that the collection and recovery of covered devices complies with the provisions of Section 9 of this act.
I. Where more than one person is within the definition of manufacturer of a brand of a covered device, any of those persons may assume responsibility for and satisfy the obligations of a manufacturer with respect to covered devices bearing that brand. If no person assumes responsibility for and satisfies the obligations of a manufacturer with respect to covered devices bearing that brand, the Department may consider any of those persons within such definition to be the manufacturer of that brand.
J. This section does not apply to a manufacturer solely of covered devices that the Department determines are of such a character that the covered devices would not be used by a consumer. If, however, such a manufacturer also manufactures one or more covered devices that are of such character as to be used by a consumer, then the provisions of this section nevertheless apply to the manufacturer for those covered devices.
Added by Laws 2008, c. 164, § 5, eff. Jan. 1, 2009.