10.1-1425.29 - Manufacturer recovery plan.
§ 10.1-1425.29. Manufacturer recovery plan.
A. Before a manufacturer may offer computer equipment for sale in theCommonwealth, the manufacturer shall:
1. Adopt and implement a recovery plan; and
2. Affix a permanent, readily visible label to the computer equipment withthe manufacturer's brand.
B. The recovery plan shall enable a consumer to recycle computer equipmentwithout paying a separate fee at the time of recycling and shall includeprovisions for:
1. The collection from a consumer of any computer equipment that has reachedthe end of its useful life and is labeled with the manufacturer's brand; and
2. Recycling or reuse of computer equipment collected under subdivision 1.
C. The collection of computer equipment provided under the recovery plan mustbe reasonably convenient and available to consumers in the Commonwealth anddesigned to meet the collection needs of consumers in the Commonwealth.Examples of collection methods that alone or combined meet the conveniencerequirements of this section include:
1. A system by which the manufacturer or the manufacturer's designee offersthe consumer a system for returning computer equipment by mail at no chargeto the consumer;
2. A system using a physical collection site that the manufacturer or themanufacturer's designee operates and to which the consumer may returncomputer equipment; and
3. A system using collection events held by the manufacturer or themanufacturer's designee at which the consumer may return computer equipment.
D. Collection services under this section may use existing collection andconsolidation infrastructure for handling computer equipment and shouldencourage the inclusion of systems jointly managed by a group ofmanufacturers, electronic recyclers and repair shops, recyclers of othercommodities, reuse organizations, not-for-profit corporations, retailers,recyclers, and other suitable operations. If a manufacturer or its designeeoffers a mail-back system as described in subdivision C 1, eitherindividually, by working together with a group of manufacturers, or byworking with others, it shall be deemed to meet the convenience requirementsof this section.
E. The recovery plan shall include information for the consumer on how andwhere to return the manufacturer's computer equipment. The manufacturer:
1. Shall include collection, recycling, and reuse information on themanufacturer's publicly accessible website;
2. Shall provide collection, recycling, and reuse information to theDepartment; and
3. May include collection, recycling, and reuse information in the packagingor in other materials that accompany the manufacturer's computer equipmentwhen the equipment is sold.
F. Information about collection, recycling, and reuse on a manufacturer'spublicly accessible website does not constitute a determination by theDepartment that the manufacturer's recovery plan or actual practices are incompliance with this article.
G. If more than one person is a manufacturer of a certain brand of computerequipment as defined by § 10.1-1425.27, any of those persons may assumeresponsibility for and satisfy the obligations of a manufacturer under thisarticle for that brand. If none of those persons assumes responsibility orsatisfies the obligations of a manufacturer for the computer equipment ofthat brand, any of those persons may be considered to be the responsiblemanufacturer for purposes of this article.
H. The obligations under this article of a manufacturer who manufactures ormanufactured computer equipment, or sells or sold computer equipmentmanufactured by others, under a brand that was previously used by a differentperson in the manufacture of the computer equipment extends to all computerequipment bearing that brand regardless of its date of manufacture.
(2008, c. 541.)