2014 South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
CHAPTER 60 - SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT
SECTION 48-60-170. Intent of chapter; immunity from liability.

(A) The intent of this chapter is to implement programs and services that ensure the availability of adequate end-of-life electronic product handling for the benefit of citizens of the State, which fairly, effectively, and efficiently share the burdens of doing so among television manufacturers, computer manufacturers, and computer monitor manufacturers, regardless of the effect on competition of doing so, and which require the State to direct and supervise implementation of a statewide plan of one or more consumer electronic device stewardship programs. Representative organizations and persons participating in representative organizations may not be held liable or prosecuted under federal or state antitrust law.

(B) A manufacturer acting in accordance with the provisions of this chapter may negotiate, enter into, or conduct business with a representative organization, and the manufacturer, representative organization, and eligible program are not subject to damages, liability, or scrutiny under federal or state antitrust law, regardless of the effects of their actions on competition. It further is the intent and belief of the State that the supervisory activities described in this chapter are sufficient to confirm that activities of the manufacturers, eligible programs, and recyclers developing or participating in a plan that is approved pursuant to Section 48-60-55 are authorized and actively supervised by the State.

HISTORY: 2014 Act No. 129 (H.3847), Section 12, eff March 4, 2014.