10 CSR 25-19.010 - Handicap Discrimination in Employment
PURPOSE: This rule clarifies the responsibilities of computer equipment manufacturers, retailers, recyclers, and the department for providing recycling or reuse of certain consumer electronic equipment at no additional cost. This rule contains procedures for manufacturers to submit and implement recovery plans and standards for recyclers that process equipment collected under the recovery plans.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Definitions. The following
terms, when used in this rule, have the following meanings:
(A) Brand-The name, symbol, logo,
trademark, or other information that identifies a whole product rather than the
components of the product;
(B) Consumer-An individual who
uses computer equipment that is purchased primarily for personal or home
business use;
(C) Covered equipment-Electronic,
magnetic, optical, electrochemical, or other high-speed data processing device
performing logical, arithmetic, or storage functions. Equipment includes a
desktop, notebook, or laptop computer, including a computer monitor or other
display device that does not contain a tuner, and the accompanying keyboard and
mouse associated with the computer of the same manufacturing
brand.
1. Desktop computer-A computer
with a main unit that is intended to be located in a permanent location, often
on a desk or on the floor.
2. Notebook or laptop computer-A
computer with an incorporated video display greater than four inches (4") in
size measured diagonally and can be carried as one (1) unit by an individual. A
notebook computer is sometimes referred to as laptop computer or tablet
computer;
(D) Manufacturer-A person,
partnership, copartnership, firm, company, public or private corporation,
association, joint stock company, trust, estate, or any other legal entity
whatever which is recognized by law as the subject of rights and
duties-
1. Who manufactures or
manufactured covered equipment under a brand that-
A. The person owns or owned;
or
B. The person is or was licensed
to use, other than under a license to manufacture covered equipment for
delivery exclusively to or at the order of the licensor;
2. Who sells or sold covered
equipment manufactured by others under a brand that-
A. The person owns or owned;
or
B. The person is or was licensed
to use, other than under a license to manufacture covered equipment for
delivery exclusively to or at the order of the licensor;
3. Who manufactures or
manufactured covered equipment without affixing a label with a
brand;
4. Who manufactures or
manufactured covered equipment to which the person affixes or affixed a label
with a brand that-
A. The person does not or has not
owned; or
B. The person is not or was not
licensed to use; or
5. Who imports or imported covered
equipment manufactured outside the United States into the United States, unless
at the time of importation the company or licensee that sells or sold the
covered equipment to the importer has or had assets or a presence in the United
States sufficient to be considered the manufacturer;
(E) Recycler-A person or group
that engages in recycling of covered equipment;
(F) Recycling-The transforming or
remanufacturing of unwanted covered equipment into usable or marketable
materials for use other than landfill disposal or incineration. Recycling does
not include energy recovery or energy generation by means of combusting of
unwanted covered equipment with or without other waste;
(G) Retailer-A person who owns or
operates a business that sells new computer equipment, including sales through
a sales outlet, the Internet, or a catalog, whether or not the seller has a
physical presence in this state;
(H) Reuse-The use of a used
product or part of a used product, which has been recovered or diverted from
the solid waste stream, for its original intended purpose; and
(I) Tuner-An electronic device or
circuit used to select signals at a specific frequency for amplification and
conversion to pictures or sound.
(2) Applicability.
(A) The collection, recycling, and
reuse provisions of this rule apply exclusively to covered equipment used by an
individual primarily for personal or home business use and returned to the
manufacturer by a consumer or collected by a manufacturer in this
state.
(B) This rule does not apply
to-
1. A television, any part of a
motor vehicle, an automated typewriter or typesetter, a portable handheld
calculator, a personal digital assistant, a printer, or a telephone;
or
2. A consumer's lease of computer
equipment or a consumer's use of computer equipment under a lease
agreement.
(C) This rule applies to the
following persons, as defined in this rule:
1. Manufacturers;
2. Retailers;
3. Consumers; and
4. Recyclers.
(D) Facilities involved, under
this rule, in the collection of used covered equipment for recycling or the
recycling of used covered equipment must be in compliance with this
rule.
(3) Manufacturer
Responsibility.
(A) Before a manufacturer may
offer covered equipment for sale in this state, the manufacturer
shall-
1. Adopt and implement a recovery
plan approved by the department;
2. Affix a permanent, readily
visible label to the covered equipment with the manufacturer's brand(s);
and
3. Comply with reporting
requirements of this rule.
(B) The recovery plan shall be
submitted on forms provided by the department and shall enable a consumer to
recycle covered equipment without paying a separate fee at the time of
recycling and must include provisions for-
1. The manufacturer's collection
from a consumer of any used covered equipment labeled with the manufacturer's
brand(s);
2. Recycling or reuse of covered
equipment collected under paragraph 1. of this subsection, including
information for the consumer on how and where to return the covered equipment
labeled with the manufacturer's brand(s) at no cost to the consumer. This
information must include, at a minimum, an Internet link that consumers can
access to find out specifically how and where to return the covered equipment
labeled with the manufacturer's brand(s). If the Internet link is going to
change, the manufacturer shall notify the department of what the new Internet
link will be at least thirty (30) days in advance;
3. Method or methods of collection
of covered equipment that is-
A. Reasonably convenient and
available to consumers in this state; and
B. Designed to meet the collection
needs of consumers in this state;
4. A statement that there will be
no separate fee required to be paid by the consumer for collection
service;
5. Contact information of
authorized collection providers;
6. Identifying processes and
methods used to recycle covered equipment and the facility(ies) location(s),
including the identification of which recycling standard of subsection (7)(B)
each facility will implement. This would include information that enables the
department to determine if the recycling facility is following standards
identified in the law and regulation;
7. Describing the public
information campaign for consumers;
8. Graphically representing any
brand(s) sold by the manufacturer; and
9. A copy of an existing or
proposed web page that provides the recycling information to the
consumer.
(C) Reasonably convenient
collection of covered equipment generally reflects the level of effort exerted
for the purchase of the covered equipment. The following collection methods,
alone or combined, meet the convenience requirements of this
section:
1. A system by which the
manufacturer or the manufacturer's designee offers the consumer a system for
returning covered equipment by mail, without the consumer having to pay any
mailing, shipping, handling, or any other cost directly related to
mailing;
2. A system by which the
manufacturer or the manufacturer's designee offers the consumer direct pick up
of the covered equipment;
3. A system using physical
collection sites or alternate collection services that the manufacturer or the
manufacturer's designee keeps open and staffed and to which the consumer may
return covered equipment. At a minimum, there shall be one (1) collection site
located in each city or town with a population greater than ten thousand
(10,000);
4. A system using a minimum of one
(1) collection event per year held by the manufacturer or the manufacturer's
designee at which the consumer may return covered equipment. Collection
event(s) shall, at a minimum, be located in each city or town with a population
of greater than five thousand (5,000) or per county or per solid waste
district;
5. A system by which the
manufacturer or the manufacturer's designee offers a designated drop-off
facility within a thirty (30)-mile radius of retailer and to which the consumer
may return covered equipment;
6. A system by which the
manufacturer or the manufacturer's designee offers a designated local recycler
within a thirty (30)-mile radius of retailer and to which the consumer may
return covered equipment; or
7. Other method approved by the
department.
(D) Collection services under this
section may use existing collection and consolidation infrastructure for
handling covered equipment and may include electronic recyclers and repair
shops, recyclers of other commodities, reuse organizations, not-for-profit
corporations, retailers, recyclers, and other suitable operations. Other
suitable operations include, but are not limited to, local governments and
solid waste management districts as established in section
260.305,
RSMo. Collection services may include systems jointly managed by a group of
manufacturers, electronic recyclers and repair shops, recyclers of other
commodities, reuse organizations, not-for-profit corporations, retailers,
recyclers, and other suitable operations. If a manufacturer or its designee
offers a mail-back system as described in paragraph (3)(C)1. of this rule,
either individually or by working together with a group of manufacturers or by
working with others, it shall be deemed to meet the convenience requirements of
this section.
(E) The
manufacturer-
1. Shall include collection,
recycling, and reuse information on the manufacturer's publicly available
Internet site, including a list of all of the manufacturer's brands both in use
and no longer in use;
2. Shall provide to the department
a recovery plan in accordance with this rule and notification of the date by
which the manufacturer has, or will have, a compliant collection program. In
order to be eligible for the department's list of manufacturers that have
approved recovery plans and have notified the department of the date by which
they have, or will have, a compliant collection program, a manufacturer must
submit its recovery plan and notification no later than July 1, 2010;
and
3. May include collection,
recycling, and reuse information in the packaging or in other materials that
accompany the manufacturer's covered equipment when the covered equipment is
sold.
(F) Information about collection,
recycling, and reuse on a manufacturer's publicly available Internet site does
not constitute a determination by the department that the manufacturer's
recovery plan or actual practices are in compliance with this rule or other
law.
(G) On forms provided by the
department, each manufacturer that has submitted a recovery plan shall submit
an annual recycling report to the department by January 31 of each year after
submitting a recovery plan that includes-
1. The weight of covered equipment
collected, recycled, and reused during the preceding calendar
year;
2. Documentation verifying the
collection, recycling, and reuse of that covered equipment in a manner that
complies with federal, state, and local laws; and
3. Any changes to their recovery
plan.
(H) If more than one (1) person is
a manufacturer of a certain brand of covered equipment, any of those persons
may assume responsibility for and satisfy the obligations of a manufacturer
under this rule for that brand. If none of those persons assumes responsibility
or satisfies the obligations of a manufacturer for the covered equipment of
that brand, the department may consider any of those persons to be the
responsible manufacturer for purposes of this rule.
(I) The obligations under this
rule of a manufacturer who manufactures or manufactured covered equipment, or
sells or sold covered equipment manufactured by others, under a brand that was
previously used by a different person in the manufacture of the covered
equipment, extend to all covered equipment bearing that brand regardless of its
date of manufacture.
(4) Retailer
Responsibilities.
(A) A person who is a retailer of
covered equipment shall not sell or offer to sell new covered equipment in this
state unless the equipment is labeled with the manufacturer's brand(s) and the
manufacturer is included on the department's list of manufacturers that have
approved recovery plans and have notified the department that they have a
compliant collection program.
(B) Retailers may go to the
department's Internet site and view all manufacturers that are listed as having
approved recovery plans and having notified the department that they have a
compliant collection program. Covered equipment from manufacturers on that list
may be sold in or into the state.
(C) A retailer is not required to
collect covered equipment for recycling or reuse under this rule unless the
retailer is also a manufacturer as defined in this rule. This does not mean
that a retailer who is also a manufacturer has to collect covered equipment at
a retail outlet.
(D) A retailer may assume the
responsibility of the manufacturer if the retailer wants to sell covered
equipment of a manufacturer that does not have an approved recovery
plan.
(5) Sound Environmental
Management.
(A) Covered equipment collected
under this rule must be recycled or reused in a manner that complies with
federal, state, and local law.
Notes
*Original authority: 260.1053, RSMo 2008; 260.1059, RSMo 2008; 260.1062, RSMo 2008; 260.1065, RSMo 2008; 260.1074, RSMo 2008; 260.1089, RSMo 2008; and 260.1101, RSMo 2008.
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