§ 23-24.10-8. Labeling and registration requirements.
(a) On and after the effective date of this section, a manufacturer or retailer may not
sell or offer for sale a covered electronic product in the state unless it is labeled
with the manufacturer's brand and the label is permanently affixed and readily visible.
(b) Registration. Before October 15 of each year, a manufacturer of covered electronic products sold
or offered for sale in this state shall register with and pay a fee of five thousand
dollars ($5,000) to the department. The registration shall include:
(1) A list of all the brands manufactured, sold, or imported by the manufacturer, including
those brands being offered for sale in this state by the manufacturer;
(2) A statement of whether the manufacturer will be implementing a manufacturer program
or utilizing the state program for recycling covered electronic products; and
(3) Any other information required by the department to implement this chapter.
(c) By January 1, 2009, each manufacturer, as defined in § 23-24.10-3, of new covered electronic products offered for sale for delivery in this state shall
register with the department and pay to the department a registration fee of five
thousand dollars ($5,000). Thereafter, if a manufacturer has not previously filed
a registration, the manufacturer shall file a registration with the department prior
to any offer for sale for delivery in this state of the manufacturer's new covered
electronic products and shall pay to the department a registration fee of five thousand
dollars ($5,000). Any manufacturer to whom or to which the department provides notification
of a return share, return share by weight, market share or market share by weight
pursuant to §§ 23-24.10-12(d) and (e) and who has not previously filed a registration shall, within thirty (30)
days of receiving such notification, file a registration with the department and shall
pay to the department a registration fee of five thousand dollars ($5,000).
(d) If a manufacturer has a return share or market share but has not sold units in the
state for three (3) years or more, the manufacturer is still required to register
but is not required to pay the five thousand dollar ($5,000) registration fee.
(1) Each registered manufacturer shall submit an annual renewal of its registration to
the department by October 15 of each year.
(2) The registration and each annual renewal shall include a list of all of the manufacturer's
brands of covered electronic products and shall be effective upon receipt by the department.
(3) All registration fees collected by the department shall be deposited in the environmental
response fund established pursuant to § 23-19.1-23.
(4) Manufacturers who or that no longer sell or deliver covered electronic products in
the state via POS or internet but still have a return or market share must register
with the department but shall not be required to pay the five thousand dollar ($5,000)
registration fee but shall be required to bear manufacturer responsibility pursuant
to § 23-24.10-9.