Section effective until December 31, 2029.

(A) A computer manufacturer may not sell or offer to sell in this State a covered computer device unless the computer manufacturer provides a recovery program at no charge. A recovery program must:

Terms Used In South Carolina Code 48-60-40

  • collection: means to facilitate the delivery of a covered television device or covered computer monitor device to a collection site included in the manufacturer's program, and to transport the covered television device or covered computer monitor device for recovery. See South Carolina Code 48-60-20
  • Computer manufacturer: means a person who:

    (a) manufactures a covered computer device under its own brand for sale or without affixing a brand;

    (b) sells in this State a covered computer device produced by another supplier under its own brand or label;

    (c) imports covered computer devices; provided, that if a company from which an importer purchases a covered computer device has a presence or assets in the United States, that company must be considered the manufacturer; or

    (d) manufactures a covered computer device, supplies a covered computer device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. See South Carolina Code 48-60-20
  • Consumer: means an occupant of a single-detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use. See South Carolina Code 48-60-20
  • Covered computer device: means a desktop, laptop or notebook computer, or a printing device marketed and intended for use by a consumer, but does not include a covered television device or covered computer monitor device. See South Carolina Code 48-60-20
  • Covered devices: means a covered computer device, covered computer monitor device, and a covered television device marketed and intended for use by a consumer. See South Carolina Code 48-60-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-60-20
  • sell: means a transfer for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not mean leases. See South Carolina Code 48-60-20

(1) require a computer manufacturer to offer to collect from a consumer a covered computer device bearing a label as provided in § 48-60-30; and

(2) make the collection service as convenient to a consumer as the purchase of a covered computer device from a computer manufacturer as follows:

(a) A computer manufacturer may utilize a mail-back system in which a consumer can return an end-of-life covered device by mail, including a system in which a consumer can go online, print a prepaid shipping label, package the product, and affix the prepaid label to the package for deposit with the United States Postal Service or other carrier selected by the computer manufacturer.

(b) If the computer manufacturer does not provide a mail-back system, the computer manufacturer must provide collection sites or collection events, or both, that are centrally located in a county, region, or other locations based on population. Computer manufacturers shall work in coordination with the department to determine an appropriate number of collection sites or collection events, or both.

(B) A recovery program may use existing collection and consolidation infrastructure for collecting covered devices, including retailers, recyclers, and reuse organizations.

(C) Computer manufacturers may work collectively and cooperatively to offer collection services to consumers.

(D) A recovery program must be described on a computer manufacturer’s Internet website if a manufacturer maintains an Internet website.

(E) Collection events under this section must accept any covered computer device.

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