Vermont Statutes Title 10 Sec. 7152
Terms Used In Vermont Statutes Title 10 Sec. 7152
- Agency: means the Agency of Natural Resources. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Lamp: means an electric lamp, including mercury-containing lamps, incandescent lamps, halogen lamps, and light-emitting diode lamps. See
- Manufacturer: means a person who:
- Mercury-containing lamp: means a general purpose lamp to which mercury is intentionally added during the manufacturing process. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Retailer: means a person who sells a mercury-containing lamp to a person in the State through any means, including a sales outlet, a catalogue, the telephone, the Internet, or any electronic means. See
- sale: means any transfer for consideration of title or of the right to use by lease or sales contract a mercury-containing lamp to a person in the State of Vermont. See
- Secretary: means the Secretary of Natural Resources. See
- Stewardship organization: means an organization, association, or entity that has developed a system, method, or other mechanism which assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of mercury-containing lamps. See
§ 7152. Sale of mercury-containing lamps; stewardship organization registration
(a) Sale prohibited. Beginning on July 1, 2012, except as set forth under section 7155 of this title, a manufacturer of a mercury-containing lamp shall not sell, offer for sale, or deliver to a retailer for subsequent sale a mercury-containing lamp unless all of the following have been met:
(1) The manufacturer is implementing an approved collection plan.
(2) The manufacturer has paid the fee under section 7158 of this title.
(3) The name of the manufacturer and the manufacturer’s brand are designated on the Agency of Natural Resources’ website as covered by an approved plan.
(4) The manufacturer has submitted an annual report under section 7153 of this title.
(5) The manufacturer has conducted a plan audit consistent with the requirements of subsection 7153(b) of this title.
(6) The manufacturer has demonstrated that no alternative non-mercury energy efficient lamp is available that provides the same or better overall performance at a cost equal to or better than the classes of lamps that the manufacturer proposes to sell.
(b) Stewardship organization registration requirements.
(1) Beginning January 1, 2012 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a stewardship organization. The registration form shall include:
(A) a list of the manufacturers participating in the stewardship organization;
(B) the name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter;
(C) a description of how the stewardship organization meets the requirements of subsection 7155(b) of this title, including any reasonable requirements for participation in the stewardship organization; and
(D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the stewardship organization to satisfy the requirements of this chapter.
(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. (Added 2011, No. 36, § 2, eff. May 19, 2011.)