§ 7155 — Stewardship organizations

(a) Participation in a stewardship organization. A manufacturer may meet the requirements of this chapter by participating in a stewardship organization that undertakes the manufacturer’s responsibilities under sections 7152, 7153, and 7154 of this title.
(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;
(2) represent at least 45 percent of the market share of mercury-containing lamps sold in the State;
(3) not create unreasonable barriers for participation in the stewardship organization; and
(4) maintain a public website that lists all manufacturers and manufacturers’ brands covered by the stewardship organization’s approved collection plan.
(c) Exemption from antitrust provisions. A stewardship organization and manufacturers participating in a stewardship organization subject to the requirements of this chapter may engage in anticompetitive conduct to the extent necessary to develop and implement the collection plan required by this chapter. A stewardship organization or a manufacturer participating within a stewardship organization that is engaged in anticompetitive conduct under this subsection shall be immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce if the stewardship organization is exercising due diligence to comply with the requirements of this chapter.

Legislative History

(Added 2011, No. 36, § 2, eff. May 19, 2011.)