2009 North Carolina Code
Chapter 130A - Public Health.
§ 130A-309.93. (For effective dates, see note) Requirements for computer manufacturers.

§ 130A‑309.93.  (For effective dates, see note) Requirements for computer manufacturers.

(a)        Registration and Fee Required. – Each manufacturer of computer equipment, before selling or offering for sale computer equipment in North Carolina, shall register with the Department and, at the time of registration, shall pay an initial registration fee of ten thousand dollars ($10,000) to the Department. A computer equipment manufacturer that has registered shall pay an annual renewal registration fee of one thousand dollars ($1,000) to the Department. The annual renewal registration fee shall be paid each year no later than the first day of the month in which the initial registration fee was paid. The proceeds of these fees shall be credited to the Computer Equipment Management Account. A manufacturer of computer equipment that sells 1,000 items of computer equipment or less per year is exempt from the requirement to pay the registration fee and the annual renewal fee imposed by this subsection.

(b)        Manufacturer Label Required. – A manufacturer shall not sell or offer to sell computer equipment in this State unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to the equipment.

(c)        Computer Equipment Recycling Plan. – Each manufacturer of computer equipment shall develop and submit to the Department a plan for reuse or recycling of discarded computer equipment in the State produced by the manufacturer. The manufacturer shall submit a proposed plan to the Department within 120 days of registration as required by subsection (a) of this section. The plan shall:

(1)        Describe any direct take‑back program to be implemented by the manufacturer, including mail‑back programs and collection events.

(2)        Provide that the manufacturer will take responsibility for discarded computer equipment it manufactured.

(3)        Include a detailed description as to how the manufacturer will implement and finance the plan.

(4)        Provide for environmentally sound management practices to transport and recycle discarded computer equipment.

(5)        Describe the performance measures that will be used by the manufacturer to document recovery and recycling rates for discarded computer equipment. The calculation of recycling rates shall include the amount of discarded computer equipment managed under the manufacturer's program divided by the amount of computer equipment sold by the manufacturer in North Carolina.

(6)        Describe in detail how the manufacturer will provide for transportation of discarded computer equipment at no cost from discarded computer equipment collectors.

(7)        Describe in detail how the manufacturer will fully cover the costs of processing discarded computer equipment received from discarded computer equipment collectors.

(8)        Include a public education plan on the laws governing the recycling and reuse of discarded computer equipment under this Part and on the methods available to consumers to comply with those requirements.

(d)        Computer Equipment Recycling Plan Revision. – A manufacturer may prepare a revised plan and submit it to the Department at any time as the manufacturer considers appropriate in response to changed circumstances or needs. The Department may require a manufacturer to revise or update a plan if the Department finds that the plan is inadequate or out‑of‑date.

(e)        Payment of Costs for Plan Implementation. – Each manufacturer is responsible for all costs associated with the development and implementation of its plan. A manufacturer shall not collect a charge for the management of discarded computer equipment at the time the equipment is discarded.

(f)         Joint Computer Equipment Recycling Plans. – A manufacturer may fulfill the requirements of this section by participation in a joint recycling plan with other manufacturers. A joint plan shall meet the requirements of subsection (c) of this section.

(g)        Annual Report. – Each manufacturer shall submit a report to the Department by 1 February of each year that includes all of the following for the previous calendar year:

(1)        A description of the collection and recycling services used to recover the manufacturer's products.

(2)        The quantity and type of computer equipment sold by the manufacturer to retail consumers in this State.

(3)        The quantity and type of discarded computer equipment collected by the manufacturer for recovery in this State for the preceding calendar year.

(4)        Any other information requested by the Department.  (2007‑550, s. 16.1(a); 2008‑198, s. 11.4; 2008‑208, ss. 1, 7; 2009‑484, s. 16(a), (b); 2009‑550, s. 10(a), (b).)