Environmental Compliance Laws for Consumer Electronics in the United States and Canada

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1 Environmental Compliance Laws for Consumer Electronics in the United States and Canada The following matrix was created for manufacturers, distributors, and importers of consumer electronic (CE) products in North America. This matrix covers the following: E-Waste: There are no federally administered consumer e-waste programs in the United States or Canada. These programs are typically administered at the state and provincial levels. As of this writing, 24 states and seven Canadian provinces have e-waste programs in effect, with many others in the process of designing or implementing the same. Generally, most of the e-waste programs apply to computer and television products but exempt smaller electronic devices such as cell phones, PDAs, and CE products with video displays below a certain size (e.g., 4 inches on the diagonal). Many e-waste programs also cover computer peripherals, a potentially broad category of consumer electronics. The compliance programs vary among jurisdictions and may include product registration, sales reporting, and/or payment of fees. It is important to note that discussions with various regulatory authorities indicate that most e-waste programs will be expanding to include smaller electronic devices in the future. The newly adopted program in New York state, for example, covers portable digital music players and other CE devices intended for personal use. This may indicate a trend for new programs to include a broader range of devices. Battery Recycling: Battery waste management is mandated at both national and state levels. Federal law requires rechargeable batteries to be labeled to alert consumers that these products need to be recycled. Nine states and two provinces currently require producers (or stewards ) of rechargeable batteries that are either sold stand-alone or incorporated in other products to establish recycling/take-back programs in their jurisdictions. A membership-fee organization known as the RBRC was established several years ago to act as a clearing house for all state/provincial battery recycling programs, as well as for federal labeling requirements. Energy Efficiency: Energy efficiency standards are imposed by the U.S. Department of Energy, Natural Resources Canada, and certain states, covering various types of consumer products. Battery chargers and wall units sold with CE products or separately are covered by these standards. California and Oregon also impose mandatory energy efficiency standards on consumer audio-visual (A/V) equipment, and similar standards will soon become effective in Canada. As of January 1, 2011, California began enforcing efficiency standards on televisions with a screen size of less than 58 inches sold within the state. Manufacturers are encouraged to design their products to meet the most restrictive efficiency standards to ensure compliance with all programs. Toxic Substances: Some jurisdictions impose toxic substance regulations on products that may be hazardous to people in their ordinary use. California s Proposition 65 is the most notorious and lists more than 700 toxic substances that require warning labels if used in consumer products (handheld radios, headsets, etc.). For more information please contact Fish s Regulatory Group. Terry Mahn Donna Balaguer Joseph Taylor This information is current as of May Copyright 2011 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this newsletter has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit 1

2 United States Government U 3 U 4 Alabama Alaska Arizona Arkansas California U(>4 ) Jan. 1, 2005 U U 5 U U U (consumer A/V equipment, TVs) 6 Colorado Connecticut U(>4 ) Early 2011 U 7 Delaware District of Columbia Florida U U Georgia 1 California s Proposition 65 is the most comprehensive regulation as it lists more than 700 substances, the presence of which requires warning labels if the substances housed within consumer products may come in contact with consumers (handheld radios, headsets, etc.). We have not investigated any jurisdictions other than California as it is assumed that this is the most comprehensive rule in force. 2 States consider factors other than exclusively screen size in classifying products as subject to e-waste programs (e.g., > 4-inch screen and ). 3 There is no federal rechargeable battery recycling program. Federal law imposes labeling requirements only on rechargeable batteries. 4 Federal efficiency scheme includes a labeling requirement and the submission of a certification statement to the DOE. Power supplies are exempt from the energy efficiency standards if they were manufactured during the period beginning on July 1, 2008, and ending on July 30, 2015; and made available by the manufacturer as a service part or a spare part for an end-use product that constitutes the primary load; and were manufactured before July 1, Note additional requirement for notice in instruction manual. 6 Efficiency standards for televisions with screen sizes less than 58" effective January 1, Connecticut s battery management program imposes recycling requirements on municipalities, but does not impose obligations on manufacturers or retailers of rechargeable batteries; compliance with RBRC labeling scheme meets state labeling requirements. 2

3 Hawaii U(>4 ) Jan. 2, 2010 Idaho Illinois U(>4 ) Jan. 1, 2010 Indiana U(>4 ) U April 1, 2010 Iowa U U Kansas Kentucky Louisiana Maine U(>4 ) Jan. 1, 2006 U U Maryland U(>4 ) Jan. 1, 2006 U U 8 Massachusetts U 8 Note additional notice requirements for marketers. 3

4 Michigan U(>4 ) Oct. 30, 2009, registration; April 10, 2010, recycling Minnesota U(>9 ) U Sept. 1, 2007 U U 9 Mississippi Missouri U July 1, 2010 Montana Nebraska Nevada New Hampshire New Jersey U(>4 ) Jan.1, 2010, U U 10 manufacturers; Jan. 1, 2011, retailers New Mexico New York U 13 April 1, 2011 U U U 14 U 15 (home audio equipment ) North Carolina U(>9 ) U Jan. 1, Note additional notice requirements for manufacturers and sellers. 10 Note requirement for notice in instruction manual for manufacturers and collection and notice requirements for retailers. 11 New York state law (2010) preempts New York City e-waste program (2008). 12 Video display size is not specified, but computer monitors, televisions, and a variety of other equipment are covered. 13 Extensive categories of covered peripheral and small electronic devices. 14 New York state has adopted minimum energy efficiency standards for appliances purchased by or for the state or any state agency. External power supplies, battery chargers, and audio equipment are not listed as equipment required to meet efficiency standards before it may be purchased by the state. Compliance with efficiency standards for this equipment is optional. 15 Id. 4

5 North Dakota Ohio Oklahoma 16 Jan. 1, 2009 Oregon U(>4 ) Jan. 1, 2009 U U U U (compact audio products) Pennsylvania U(>4 ) 17 U Jan., 2011 Rhode Island U(>9 ) Feb. 1, 2009 U South Carolina U(>9 ) July 1, 2011 South Dakota Tennessee Texas 18 Sept. 1, 2008 Utah Vermont U(>4 ) July 1, 2011 U U U Virginia 19 July 1, 2009 Washington U(>4 ) Jan. 1, 2009 West Virginia U(>4 ) July 1, 2009 Wisconsin U(>7 ) Jan. 1, 2010 Wyoming 16 Video display size not specified, but computer monitors are covered. 17 Video display size is >4 for covered television devices. Video display size is not specified for covered computer devices. 18 Video display size not specified, but the terms "desktop or notebook computers," "computer monitors," and "other display devices are covered. 19 Video display size not specified, but the terms desktop or notebook computer, computer monitor, and other display devices are not covered. 5

6 Canadian Government U U 20 U 21 Alberta U 22 U Sept. 15, 2004; amended July 17, 2007 British Columbia 23 U Aug. 1, U U Manitoba 25 U April 1, 2011 New Brunswick Newfoundland & Labrador Nova Scotia 26 U Feb. 1, 2008 Ontario 27 U April 1, 2009 U U Prince Edward Island 28 U July 1, 2010 Quebec 29 Saskatchewan 30 U Feb. 1, 2007 (compact audio & other products) 20 Proposed Tier 1 standards would apply to products manufactured after July 1, 2010; Tier 2 standards would be applied to products manufactured after January 1, Canada is reviewing the harmful effects of 200 chemical substances that may be used in consumer products. Canada will adopt appropriate regulatory measures depending on the outcome of the study. 22 Video display size not specified, but all electrical and electronic equipment or devices are affected. 23 Video display size not specified, but note extensive categories of specific affected equipment. 24 Note additional categories of equipment effective July 1, 2010, and July 1, Video display size not specified, but computer monitors, televisions, and other display devices are covered. 26 Video display size not specified, but note extensive categories of specific affected equipment. 27 Id. 28 Id. 29 Quebec s efficiency regulations are not available in English. 30 Video display size not specified, but computer monitors including CRT, LCD, and plasma are covered. 6