Electronic Waste Recycling Act of 2003: manufacturer notices.

Plain English Breakdown

The bill summary and digest do not provide specific deadlines for CalRecycle's actions, only that they are required before certain dates.

Electronic Waste Recycling Act: Manufacturer Notices

The bill updates the Electronic Waste Recycling Act to require manufacturers of electronic devices with batteries to send notices about recycling fees and product details to CalRecycle, and for retailers to start collecting these fees after receiving notice.

What This Bill Does

• Requires manufacturers to notify CalRecycle about products that need a recycling fee before selling them in California.
• Specifies that the notices must include information like brand name, model number, and universal product code (UPC).
• Sets deadlines for CalRecycle to create standardized forms and an online database for these notices.
• Gives retailers 60 days after receiving a notice from a manufacturer or seeing it in the database before they need to start collecting fees.

Who It Names or Affects

• Manufacturers who sell electronic devices with batteries in California.
• Retailers and online marketplaces that sell these products.
• CalRecycle, which will manage the database of notices.

Terms To Know

Universal Product Code (UPC)

An all-numeric code used to identify a specific product in stores for scanning and inventory purposes.

Marketplace facilitator

An online platform that helps retailers sell products, like Amazon or eBay.

Limits and Unknowns

• The bill does not specify what happens if a manufacturer fails to send the required notices.
• It is unclear how much it will cost manufacturers and retailers to comply with these new requirements.

Official Summary Text

AB 2549, as amended, Zbur.
Electronic Waste Recycling Act of 2003: manufacturer notices.
The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device, including a covered battery-embedded product, as defined, in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state. Existing law requires a manufacturer of a covered electronic device that is a covered battery-embedded product, as defined, to provide a specified notice to any retailer that sells that product informing the retailer that the covered battery-embedded product is subject to a recycling fee, as provided. Existing law requires the notices to identify the covered electronic device by brand and model number.
Existing law incorporates the requirements and other
provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes the Department of Toxic Substances Control to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime.
This bill would require the manufacturer to send notices regarding the products to the Department of Resources Recycling and Recovery (CalRecycle) in accordance with specified timeframes set forth in the bill. The bill would also require the notices to contain the universal product code (UPC), as defined, and make conforming changes. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would require CalRecycle to develop, on or before
January
March
1, 2027, a standardized form for notices submitted by a manufacturer pursuant to this provision. The bill would require the form to require each notice to identify the battery-embedded covered product manufactured by that manufacturer by brand, model number, and UPC, and the covered battery-embedded waste recycling fee. The bill would require CalRecycle, on or before
January
May
1, 2027, to create and maintain a searchable database for the notices sent by a manufacturer pursuant to this requirement, to post that information on its internet website, as provided, and to consult with manufacturers and retailers to develop a standardized online upload process for these purposes. The bill would require that a retailer have
not less than
60 days
to comply with the fee requirements
from the earlier of the date of receipt of the notice directly from a manufacturer, or the date the notice is first published in the online
database, to begin collecting the fee required by the act regarding the product identified in the notice.
database.
The bill would provide that a retailer shall
not
be deemed to have actual knowledge of any covered electronic device or battery-embedded product waste fee
until
60 business days after a retailer receives the notice from the manufacturer or
distributor. The bill would exempt a retailer that is in compliance with the act from specified penalties when relying
in good faith
on the list of covered electronic devices and the applicable fee listed on the internet website, or in the electronic notices from manufacturers as of the date a product is made available for retail sale.
Existing law sets forth definitions for purposes of the act.
This bill would expand the definition of a “retailer” to include a “marketplace facilitator,” as defined. The bill would define a “discount store” and a “thrift retail store,” as provided, for purposes of the act. The bill would define a “universal product code” to mean an all-numeric code that represents a consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic
scanning.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF