19-6-1203.  Reporting requirements.

(1)  On or after July 1, 2011, a manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer, either individually, through a group manufacturer organization, or through the manufacturer’s industry trade group, prepares and submits, subject to Subsection (2), a report on or before August 1 of each year to the department.

Terms Used In Utah Code 19-6-1203

  • Consumer: means a person who owns or uses a covered electronic device that is purchased primarily for personal or home business use. See Utah Code 19-6-1202
  • Consumer electronic device: means the following products sold to a consumer:
(a) a computer;
(b) a computer peripheral;
(c) a television; or
(d) a television peripheral. See Utah Code 19-6-1202
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Eligible program: means a collection, reuse, or recycling system for a consumer electronic device, including:
    (a) a system by which a manufacturer, manufacturer's designee, or other private entity offers a consumer an option to return a consumer electronic device by mail;
    (b) a system using a physical collection site that a manufacturer, manufacturer's designee, or other private or public entity provides for a consumer to return a covered consumer electronic device; or
    (c) a system that uses a collection event held by a manufacturer, manufacturer's designee, or other private or public entity at which a consumer may return a consumer electronic device. See Utah Code 19-6-1202
  • Manufacturer: means a person who:
    (a) manufactures a consumer electronic device under a brand the person owns or is licensed to use; or
    (b) assumes the responsibilities and obligations of a person described in Subsection (6)(a). See Utah Code 19-6-1202
  • Recycling: means the process of collecting and preparing electronic products for:
    (i) use in a manufacturing process; or
    (ii) recovery of reusable materials followed by delivery of reusable materials for use. See Utah Code 19-6-1202
  • Reuse: means electronic waste:
    (a) that is tested and determined to be in good working order; and
    (b) that is removed from the waste stream to use for the same purpose for which it was manufactured, including the continued use of the whole system or components. See Utah Code 19-6-1202
  • sale: means any transfer for consideration of title or of the right to use by lease or sales contract of a consumer electronic device to a consumer. See Utah Code 19-6-1202
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  The report required under Subsection (1):

    (a)  shall include a list of eligible programs, subject to Subsection (3); and

    (b)  may include:

    (i)  an existing collection, transportation, or recycling system for a consumer electronic device; and

    (ii)  an eligible program offered by:

    (A)  a consumer electronic device recycler;

    (B)  a consumer electronic device repair shop;

    (C)  a recycler of other commodities;

    (D)  a reuse organization;

    (E)  a not-for-profit corporation;

    (F)  a retailer; or

    (G)  another similar operation, including a local government collection event.

    (3)  The list required in Subsection (2)(a) may be in the form of a geographic map identifying the type and location of an eligible program.

    Amended by Chapter 13, 2016 General Session
    Amended by Chapter 143, 2016 General Session