260.1059. Applicability of act--exceptions.

Applicability of act--exceptions.

260.1059. 1. The collection, recycling, and reuse provisions ofsections 260.1050 to 260.1101 apply to equipment used and returned to themanufacturer by a consumer in this state and do not impose any obligationon an owner or operator of a solid waste facility.

2. Sections 260.1050 to 260.1101 do not apply to:

(1) Any computer material that is an electronic device that is a partof a motor vehicle or any part of a motor vehicle assembled by, or for, avehicle manufacturer or franchised dealer, including replacement parts foruse in a motor vehicle;

(2) Any electronic device that is functionally or physically a partof, connected to or integrated within a larger piece of equipment designedand intended for use in an industrial, governmental, commercial, researchand development, or medical setting, including diagnostic, monitoring, orother medical products as that term is defined under the federal Food,Drug, and Cosmetic Act or equipment used for security, sensing, monitoring,or antiterrorism purposes;

(3) A covered electronic device that is contained within a clotheswasher, clothes dryer, refrigerator and freezer, microwave oven,conventional oven or range, dishwasher, room air conditioner, dehumidifier,or air purifier;

(4) Telephone of any type, including mobile telephones and wirelessdevices;

(5) A personal digital assistant or P.D.A.;

(6) A consumer's lease of equipment or a consumer's use of equipmentunder a lease agreement; or

(7) The sale or lease of equipment to an entity when the manufacturerand the entity enter into a contract that effectively addresses thecollection, recycling, and reuse of equipment that has reached the end ofits useful life.

(L. 2008 S.B. 720)

*Contingent expiration date, see § 260.1092