California Health and Safety Code § 25214.10.1

Health and Safety Code
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(a) For purposes of this section, the following definitions shall apply: (1) “Electronic device” means a video display device, as defined in Section 42463 of the Public Resources Code, with a screen size of greater than four inches. (2) “Covered electronic device” has the same meaning as a covered electronic device, as defined in paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. (3) “Manufacturer” and “retailer” have the same meaning as set forth in Section 42463 of the Public Resources Code. (b) Notwithstanding the definition of “covered electronic device” in paragraph (2) of subdivision (a), the obligations of the department established in subdivisions (c) to (f), inclusive, apply only to covered electronic devices specified in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. (c) The department shall adopt regulations that identify electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter. (d) (1) Except as provided in subdivision (f), a manufacturer of an electronic device that is identified in the regulations adopted by the department shall send a notice in accordance with the schedule specified in subparagraph (A) or (B), as applicable, of paragraph (2) to any retailer that sells that electronic device manufactured by the manufacturer. The notice shall identify the electronic device, and shall inform the retailer that the electronic device is a covered electronic device and is subject to a fee in accordance with subdivision (e). (2) The notice required by this subdivision shall be sent in accordance with the following schedule: (A) On or before October 1, 2004, the manufacturer shall send a notice covering any electronic device manufactured by that manufacturer that is identified in the regulations adopted by the department on or before July 1, 2004, that identify the electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter. (B) On or before April 1, 2005, and on or before every April 1 of each year thereafter, the manufacturer shall send a notice covering any electronic device manufactured by that manufacturer identified in the regulations adopted by the department pursuant to subdivision (c) on or before December 31 of the prior year. (3) If a retailer sells a refurbished covered electronic device, the manufacturer is required to comply with the notice requirement of this subdivision only if the manufacturer directly supplies the refurbished covered electronic device to the retailer. (e) (1) Except as provided in subdivision (f), a covered electronic device that is identified in the regulations adopted, on or before July 1, 2004, by the department, that identify electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter shall, on and after January 1, 2005, be subject to Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to Section 42464 of the Public Resources Code. (2) Except as provided in subdivision (f), a covered electronic device identified in the regulations adopted by the department, pursuant to subdivision (c), shall, on and after July 1 of the year subsequent to the year in which the covered electronic device is first identified in the regulations, be subject to Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to Section 42464 of the Public Resources Code. (f) (1) If the manufacturer of an electronic device that is identified in the regulations adopted by the department pursuant to subdivision (c) obtains the department’s concurrence that an electronic device, when d

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