Effective January 1, 2012, a manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer individually, through a group manufacturer organization, or through the manufacturer’s industry trade group establishes and implements, in accordance with Subsection (2), a public education program regarding the eligible programs.
Terms Used In Utah Code 19-6-1204
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
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
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)
(a)
The public education program required under Subsection (1) shall:
(i)
inform a consumer about eligible programs; and
(ii)
use manufacturer-developed customer outreach materials, such as packaging inserts, company websites, and other communication methods, to inform a consumer about eligible programs.
(b)
A manufacturer described in Subsection (1) shall work with the department and other interested parties to develop educational materials that inform consumers about an eligible program.
