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 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 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 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.
The bill would provide that a retailer shall be deemed to have actual knowledge of any covered electronic device or battery-embedded product waste fee 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 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.
The bill would specify procedures for addressing complaints or information alleging a violation of laws relating to a covered battery-embedded product, as provided.
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.