Section § 42465

Explanation

Beginning on the specified date, no one is allowed to sell new or refurbished electronic devices in the state of California if the manufacturer isn't following the rules set by environmental authorities. This decision is made by CalRecycle or DTSC, based on compliance with environmental regulations.

On and after the date specified in subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 42464, a person shall not sell a new or refurbished covered electronic device to a consumer in this state if CalRecycle or DTSC determines that the manufacturer of that covered electronic device is not in compliance with this chapter or as provided otherwise by Section 25214.10.1 of the Health and Safety Code.

Section § 42465.1

Explanation

Since January 1, 2005, you cannot sell or offer for sale a new or refurbished electronic device in California unless it clearly shows the name or brand of the manufacturer. This rule applies to devices defined in a specific section of the related laws.

On and after January 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, unless the device is labeled with the name of the manufacturer or the manufacturer’s brand label so that it is readily visible.

Section § 42465.2

Explanation

This California law requires that, starting July 1, 2005, and at least once a year, manufacturers of certain electronic devices must report to CalRecycle. The report should include estimates of devices sold, hazardous materials used, and recycled materials included, plus efforts towards recyclable design and a list of notified retailers.

Additionally, manufacturers must inform consumers about recycling options for these devices.

For compliance, manufacturers can report on devices with certain exempt hazardous compounds, verified by DTSC. Proprietary or trade secret data submitted is protected under state laws.

(a)CA Public Resources Code § 42465.2(a) On or before July 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and at least once annually thereafter as determined by CalRecycle, each manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold in this state shall do all of the following:
(1)CA Public Resources Code § 42465.2(a)(1) Submit to CalRecycle a report that includes all of the following information:
(A)CA Public Resources Code § 42465.2(a)(1)(A) An estimate of the number of covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in the state during the previous year.
(B)CA Public Resources Code § 42465.2(a)(1)(B) A baseline or set of baselines that show the total estimated amounts of mercury, cadmium, lead, hexavalent chromium, and polybrominated biphenyls (PBBs) used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer in that year and the reduction in the use of those hazardous materials from the previous year.
(C)CA Public Resources Code § 42465.2(a)(1)(C) A baseline or set of baselines that show the total estimated amount of recycled materials contained in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in that year and the increase in the use of those recycled materials from the previous year.
(D)CA Public Resources Code § 42465.2(a)(1)(D) A baseline or a set of baselines that describe any efforts to design covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for recycling and goals and plans for further increasing design for recycling.
(E)CA Public Resources Code § 42465.2(a)(1)(E) A list of those retailers, including, but not limited to, Internet and catalog retailers, to which the manufacturer provided a notice in the prior 12 months pursuant to Section 42465.3 and subdivision (d) of Section 25214.10.1 of the Health and Safety Code.
(2)CA Public Resources Code § 42465.2(a)(2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic waste resulting from discarded electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, internet website, information labeled on the device, information included in the packaging, or information accompanying the sale of the covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463.
(b)Copy CA Public Resources Code § 42465.2(b)
(1)Copy CA Public Resources Code § 42465.2(b)(1) For purposes of complying with paragraph (1) of subdivision (a), a manufacturer may submit a report to CalRecycle that includes only those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, that include applications of the compounds listed in subparagraph (B) of paragraph (1) of subdivision (a) that are exempt from the Directive 2002/95/EC adopted by the European Parliament and the Council of the European Union on January 27, 2003, and any amendments made to that directive, if both of the following conditions are met, as modified by Section 24214.10 of the Health and Safety Code:
(A)CA Public Resources Code § 42465.2(b)(1)(A) The manufacturer submits written verification to DTSC that demonstrates, to DTSC’s satisfaction, that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for which it is not submitting a report to CalRecycle pursuant to this subdivision.
(B)CA Public Resources Code § 42465.2(b)(1)(B) DTSC certifies that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for which the manufacturer is not submitting a report to CalRecycle pursuant to this subdivision.
(2)CA Public Resources Code § 42465.2(b)(2) When reporting pursuant to this subdivision, a manufacturer is required only to report on specific applications of compounds used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, that are exempt from Directive 2002/95/EC.
(c)CA Public Resources Code § 42465.2(c) Any information submitted to CalRecycle pursuant to subdivision (a) that is proprietary in nature or a trade secret shall be subject to protection under state laws and regulations governing that information.

Section § 42465.3

Explanation

This law requires manufacturers of certain electronic devices to adhere to specific notification requirements outlined in a different part of California's Health and Safety Code. Essentially, if a manufacturer produces a covered electronic device, they must inform the relevant authorities or parties as specified in the Health and Safety regulations.

A manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall comply with the notification requirements of subdivision (d) of Section 25214.10.1 of the Health and Safety Code.

Section § 42466.1

Explanation

From January 1, 2026, you can't sell or offer new or refurbished electronic devices in California unless they have the manufacturer's name or brand label clearly on them. If the device has a built-in battery, it must show what type of battery it is either directly on the label or on the manufacturer's website.

(a)CA Public Resources Code § 42466.1(a) On and after January 1, 2026, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, unless the item is labeled with the name of the manufacturer or the manufacturer’s brand label so that it is readily visible.
(b)CA Public Resources Code § 42466.1(b) A new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, battery-embedded product shall either be labeled with information identifying the chemistry of the battery contained within the covered electronic devices sold by the manufacturer or include that information on the manufacturer’s internet website.

Section § 42466.2

Explanation

This California law requires manufacturers of certain electronic devices to notify retailers and CalRecycle about the devices, identifying them by brand and model. The notice informs retailers that the device is subject to a specific recycling fee due to embedded batteries. Manufacturers must send this notice annually, starting July 1, 2025. They also must notify about products exempt from these requirements.

(a)CA Public Resources Code § 42466.2(a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall send a notice in accordance with the schedule specified in paragraph (1) or (2), as applicable, of subdivision (c), to any retailer that sells that covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer. The notice shall identify the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, by brand and model number, and shall inform the retailer that the electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, is a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and is subject to a covered battery-embedded waste recycling fee in accordance with subdivision (b) of Section 42464.
(b)CA Public Resources Code § 42466.2(b) A manufacturer subject to this subdivision shall also send copies of the notice to CalRecycle.
(c)CA Public Resources Code § 42466.2(c) The notice required by this subdivision shall be sent in accordance with the following schedule:
(1)CA Public Resources Code § 42466.2(c)(1) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by that manufacturer that is subject to this chapter.
(2)CA Public Resources Code § 42466.2(c)(2) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any product manufactured by that manufacturer that is exempt from the covered battery-embedded product definition, pursuant to paragraph (2) of subdivision (g) of Section 42463.

Section § 42467

Explanation

This law requires manufacturers of certain electronic devices sold in California to provide an annual report to CalRecycle starting by July 1, 2027. This report must include estimates on how many devices are sold, the battery chemistry inside them, the use of recycled materials, and the retailers they notified about recycling. Additionally, manufacturers must inform consumers about how and where to recycle or return these devices using various communication methods like websites and labels. If the information submitted is a trade secret, it will be protected under state laws.

(a)CA Public Resources Code § 42467(a) On or before July 1, 2027, and at least once annually thereafter, each manufacturer of a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold in this state shall do both of the following:
(1)CA Public Resources Code § 42467(a)(1) Submit to CalRecycle a report that includes all of the following information:
(A)CA Public Resources Code § 42467(a)(1)(A) An estimate of the number of covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in the state during the previous year.
(B)CA Public Resources Code § 42467(a)(1)(B) The chemistry of the battery contained within the covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer.
(C)CA Public Resources Code § 42467(a)(1)(C) A baseline or set of baselines that show the total estimated amount of recycled materials contained in covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in that year and the increase in the use of those recycled materials from the previous year.
(D)CA Public Resources Code § 42467(a)(1)(D) A list of those retailers, including, but not limited to, internet and catalog retailers, to which the manufacturer provided a notice in the prior 12 months pursuant to Section 42466.2.
(2)CA Public Resources Code § 42467(a)(2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, internet website, information labeled on the device, information included in the packaging, or information accompanying the sale of the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463.
(b)CA Public Resources Code § 42467(b) Any information submitted to CalRecycle pursuant to subdivision (a) that is proprietary in nature or a trade secret shall be subject to protection under state laws and regulations governing that information.