2013 Maryland Code
ENVIRONMENT
§ 9-1728 - Requirements of manufacturer registration

§9-1728.

(a) A covered electronic device manufacturer’s registration shall include:

(1) The brand names under which the manufacturer sells or offers for sale covered electronic devices in the State;

(2) Whether the manufacturer has implemented a covered electronic device takeback program;

(3) If the manufacturer has implemented a covered electronic device takeback program:

(i) A toll-free number or website address that provides information about the takeback program, including a detailed description of how a person may return a covered electronic device for recycling, refurbishing, or reuse; and

(ii) One year after the implementation of the program and each year thereafter, a report on the implementation of the program during the prior year, including:

1. The total weight of the covered electronic devices received by the program from Maryland during the prior year;

2. The total number of covered electronic devices from Maryland recycled, refurbished, and reused during the prior year; and

3. The processes and methods used to recycle, refurbish, or reuse the covered electronic devices received from Maryland;

(4) The total number of covered electronic devices sold in the State in the prior year, including:

(i) The types of covered electronic devices sold; and

(ii) The brand names under which the covered electronic devices were sold; and

(5) Any additional information required by the Department in regulation.

(b) The registration shall:

(1) Be submitted to the Department by March 1 of each year; and

(2) If the manufacturer has implemented a covered electronic device takeback program, be updated prior to any significant change in the program.

(c) (1) The covered electronic device manufacturer registration fee shall be paid by a manufacturer in accordance with this subsection.

(2) For the initial registration by a manufacturer, the registration fee is:

(i) $10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State in the prior year; and

(ii) $5,000 for a manufacturer that sold at least 100 but not more than 999 covered electronic devices in the State in the prior year.

(3) For each subsequent annual registration by a manufacturer that did not have an implemented covered electronic device takeback program in the prior year, the registration fee is:

(i) 1. On or after March 1, 2013, and before March 1, 2016, $10,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State in the prior year; and

2. On or after March 1, 2016, $5,000 for a manufacturer that sold at least 1,000 covered electronic devices in the State in the prior year; and

(ii) $5,000 for a manufacturer that sold at least 100 but not more than 999 covered electronic devices in the State in the prior year.

(4) For each subsequent annual registration by a manufacturer that had an implemented covered electronic device takeback program in the prior year, the registration fee is $500.

(5) There is no registration fee for a manufacturer that sold less than 100 covered electronic devices in the State in the prior year.

(6) The registration fee required under this subsection shall:

(i) Be submitted to the Department by March 1 of each year; and

(ii) Be paid into the State Recycling Trust Fund.

(d) (1) The Department shall:

(i) Review the registration submitted under this section; and

(ii) If the registration does not meet the requirements of this section and the regulations adopted by the Department under this subtitle, notify the manufacturer of the insufficiency.

(2) Within 60 days after receipt of a notice of insufficiency, the manufacturer shall submit a revised registration that addresses the insufficiencies noted by the Department.

(e) The Department shall maintain a list of registered covered electronic device manufacturers on its Web site.

(f) The sales data submitted in accordance with subsection (a)(4) of this section shall be treated as confidential and proprietary, and may not be disclosed except as otherwise required by law.

§ 9-1728 - 1. Compliance by manufacturers prerequisite to retail sales.

(a) "Retailer" defined. -- In this section, "retailer" means any person that sells a covered electronic device to a consumer.

(b) In general. -- If a manufacturer is subject to the requirements of §§ 9-1727 and 9-1728 of this part, a retailer may not sell or offer for sale to any person in the State a new covered electronic device manufactured by the manufacturer, unless the manufacturer has complied with the requirements of §§ 9-1727 and 9-1728 of this part.

§ 9-1728 - 2. Covered electronic device takeback program

(a) Educational and instructional materials. -- A manufacturer that has implemented a covered electronic device takeback program shall include educational and instructional materials relating to the destruction and sanitization of data from a covered electronic device:

(1) With each new covered electronic device sold or offered for sale in the State;

(2) On the manufacturer's covered electronic device takeback program Web site; or

(3) As information provided through the manufacturer's covered electronic device takeback program toll-free number.

(b) Participation in existing program. -- A manufacturer that is participating in a covered electronic device takeback program established by a group of covered electronic device manufacturers shall be considered as having implemented a covered electronic device takeback program under this part.