§ 7553. Sale of covered electronic devices; manufacturer registration

(a) Sale prohibited. Beginning July 1, 2010, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless:

(1) the manufacturer has filed the registration required by this section;

(2)(A) beginning July 1, 2010 and annually thereafter, the manufacturer has paid the fee required by subsection (g) of this section; and

(B) beginning July 1, 2011 and annually thereafter, if the manufacturer is covered under the Standard Plan, the manufacturer has paid the fee required by subsection (h) of this section; and

(3) the covered electronic device is labeled with the manufacturer’s brand or registered trademark, and the label or trademark is permanently affixed and readily visible.

(b) Manufacturer registration requirements.

(1) The manufacturer shall file a registration form with the Secretary. The Secretary shall provide the registration form to a manufacturer. The registration form shall include:

(A) A list of the manufacturer’s brands of covered electronic devices offered for sale by the manufacturer in this State.

(B) The name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter.

(C) Beginning July 1, 2011 and annually thereafter, a certification that the manufacturer is seeking coverage under the Standard Plan set forth under subsection (a) of this section or, under a plan approved under section 7554 of this title, is opting out of the Standard Plan.

(D) An estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold during the previous program year based on national sales data. A manufacturer shall submit with the report required under this subsection a description of how the estimate was calculated. The data submitted under this subdivision (1)(D) shall be considered a trade secret for the purposes of 1 V.S.A. § 317(c)(9).

(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency.

(c) Registration prior to sale. A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or section 7554 of this title shall submit a registration to the Agency of Natural Resources within 10 days of beginning to sell or offer for sale covered electronic devices.

(d) Amendments to registration. A registration shall be amended within 10 days after a change to any information included in the registration submitted by the manufacturer under this section.

(e) Effective date of registration. A registration is effective upon receipt by the Agency of Natural Resources of a complete registration form and payment of fees required by this section. Registration under this chapter shall be renewed annually.

(f) Agency review of registration application. The Agency of Natural Resources shall notify the manufacturer of any required information that is omitted from the registration. Upon receipt of a notification from the Agency, the manufacturer shall submit a revised registration providing the information noted by the Agency.

(g) Registration fee.

(1) Each manufacturer of a covered electronic device registered under this section shall pay to the Secretary a fee:

(A) For the program year beginning July 1, 2010, for manufacturers who sell in Vermont no more than 100 covered electronic devices, the fee shall be $1,250.00, and for all other manufacturers, the fee shall be $5,000.00.

(B) For the program year beginning July 1, 2011 and annually thereafter, the fee shall be determined by multiplying the manufacturer’s market share by the cost to the Agency of administering the electronic waste collection program under this chapter.

(2) The fees collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

(h) Implementation fee.

(1) Beginning July 1, 2011, each manufacturer that seeks coverage under the Standard Plan shall pay to the Secretary an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer’s market share by the prior quarter’s cost of implementing the electronic waste collection and recycling program adopted under the Standard Plan. For purposes of this section, the Electronic Waste and Recycling Program includes collection, transportation, recycling, and the reasonable cost of contract administration.

(2) The fee collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

(3) At the end of each program year, the Secretary shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this subsection to accurately reflect the actual cost of the Program and the manufacturer’s market share of covered electronic devices sold in the State during the program year.

(i) Exemption. A manufacturer who sells fewer than 20 covered electronic devices in Vermont in a program year is exempt from the requirements of this section. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2009, No. 156 (Adj. Sess.), § E.701; 2011, No. 161 (Adj. Sess.), § 6.)