2007 Minnesota Statutes

115A.1318 RESPONSIBILITIES.
    Subdivision 1. Manufacturer's responsibilities. (a) In addition to fulfilling the requirements
of sections 115A.1310 to 115A.1330, a manufacturer must comply with paragraphs (b) to (e).
    (b) A manufacturer must annually recycle or arrange for the collection and recycling of an
amount of covered electronic devices equal to the total weight of its video display devices sold to
households during the preceding program year, multiplied by the proportion of sales of video
display devices required to be recycled, as established by the agency under section 115A.1320,
subdivision 1 , paragraph (c).
    (c) The obligations of a manufacturer apply only to video display devices received from
households and do not apply to video display devices received from sources other than households.
    (d) A manufacturer must conduct and document due diligence assessments of collectors and
recyclers it contracts with, including an assessment of items specified under subdivision 2. A
manufacturer is responsible for maintaining, for a period of three years, documentation that all
video display devices recycled, partially recycled, or sent to downstream recycling operations
comply with the requirements of subdivision 2.
    (e) A manufacturer must provide the agency with contact information for a person who can
be contacted regarding the manufacturer's activities under sections 115A.1310 to 115A.1320.
    Subd. 2. Recycler's responsibilities. (a) As part of the report submitted under section
115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph (b), that
facilities that recycle video display devices, including all downstream recycling operations:
    (1) comply with all applicable health, environmental, safety, and financial responsibility
regulations;
    (2) are licensed by all applicable governmental authorities;
    (3) use no prison labor to recycle video display devices; and
    (4) possess liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergencies.
    (b) A nonprofit corporation that contracts with a correctional institution to refurbish and
reuse donated computers in schools is exempt from paragraph (a), clauses (3) and (4).
    (c) Except to the extent otherwise required by law, a recycler has no responsibility for
any data that may be contained in a covered electronic device if an information storage device
is included in the covered electronic device.
    Subd. 3. Retailer's responsibilities. (a) By July 1 of each year, beginning in 2008, a retailer
must report to a manufacturer the number of video display devices, by video display device model,
labeled with the manufacturer's brand sold to households during the previous program year.
    (b) A retailer who sells new video display devices shall provide information to households
describing where and how they may recycle video display devices and advising them of
opportunities and locations for the convenient collection of video display devices for the purpose
of recycling. This requirement may be met by providing to households the agency's toll-free
number and Web site address. Retailers selling through catalogs or the Internet may meet this
requirement by including the information in a prominent location on the retailer's Web site.
History: 2007 c 48 s 5