Product Take-Back in USA - California

Last Updated:	2008-01-15
Report Contents
-   Full Report -   Laws & Regulations -   Contacts -   Revision History

Introduction

California enacted several laws in recent years that place the responsibility for recycling and disposal of end-of-life electronics products on manufacturers, retailers, and consumers. These laws include:

I. The Electronic Waste Recycling Act of 2003;

II. The Cell Phone Recycling Act of 2004; and,

III. The Rechargeable Battery Recycling Act of 2006.

The Electronic Waste Recycling Act of 2003 (Senate Bill 20, amended by Senate Bill 50 in 2004 and Assembly Bill 575 in 2005), created a manufacturer and consumer responsibility regime for certain end-of-life electronics in California and shifted the cost burden of electronics recycling directly to consumers by requiring retailers to collect a per-unit point of sale fee to cover the costs of recycling and disposal of covered electronic devices. The Act imposes annual reporting and consumer disclosure requirements on manufacturers selling covered electronic devices in California. The Electronic Waste Recycling Act also prohibits the sale of a covered electronic device if the device is prohibited from being sold or offered for sale in the European Union under Directive 2002/95/EC, (“RoHS Directive”) (for more information on this aspect of the Act, please see the California Restricted Substances Overview report).

The Cell Phone Recycling Act of 2004 (Assembly Bill 2901) requires every retailer of cell phones sold in California to have in place a system for the acceptance and collection of used cell phones for their reuse, recycling, or proper disposal at no cost to the consumer. On or after July 1, 2006, it shall be unlawful to sell a cell phone to a consumer in California unless the retailer complies with the take-back requirements of the Act.

The Rechargeable Battery Recycling Act of 2006 (Assembly Bill 1125), requires retailers who sell rechargeable batteries to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, and proper disposal at no cost to the consumer. However, because the Act’s requirements do not apply to the sale of rechargeable batteries that are contained or packaged with a battery-operated device, this law may not impact manufacturers or retailers of electronic devices unless they sell replacement rechargeable batteries separately for these devices.