2007 Minnesota Statutes

115A.1312 REGISTRATION PROGRAM.
    Subdivision 1. Requirements for sale. (a) On or after September 1, 2007, a manufacturer
must not sell or offer for sale or deliver to retailers for subsequent sale a new video display
device unless:
    (1) the video display device is labeled with the manufacturer's brand, which label is
permanently affixed and readily visible; and
    (2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.
    (b) On or after February 1, 2008, a retailer who sells or offers for sale a new video display
device to a household must, before the initial offer for sale, review the agency Web site specified
in subdivision 2, paragraph (g), to determine that all new video display devices that the retailer is
offering for sale are labeled with the manufacturer's brands that are registered with the agency.
    (c) A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took possession of the video
display device prior to the expiration or revocation of the manufacturer's registration and the
unlawful sale occurred within six months after the expiration or revocation.
    Subd. 2. Manufacturer's registration. (a) A manufacturer of video display devices sold
or offered for sale to households after September 1, 2007, must submit a registration to the
agency that includes:
    (1) a list of the manufacturer's brands of video display devices offered for sale in this state;
    (2) the name, address, and contact information of a person responsible for ensuring
compliance with this chapter; and
    (3) a certification that the manufacturer has complied and will continue to comply with the
requirements of sections 115A.1312 to 115A.1318.
    (b) By September 1, 2008, and each year thereafter, a manufacturer of video display devices
sold or offered for sale to a household must include in the registration submitted under paragraph
(a), a statement disclosing whether:
    (1) any video display devices sold to households exceed the maximum concentration
values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls
(PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS (restricting the use of
certain hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the
European Parliament and Council and any amendments thereto; or
    (2) the manufacturer has received an exemption from one or more of those maximum
concentration values under the RoHS Directive that has been approved and published by the
European Commission.
    (c) A manufacturer who begins to sell or offer for sale video display devices to households
after September 1, 2007, and has not filed a registration under this subdivision must submit
a registration to the agency within ten days of beginning to sell or offer for sale video display
devices to households.
    (d) A registration must be updated within ten days after a change in the manufacturer's
brands of video display devices sold or offered for sale to households.
    (e) A registration is effective upon receipt by the agency and is valid until September 1 of
each year.
    (f) The agency must review each registration and notify the manufacturer of any information
required by this section that is omitted from the registration. Within 30 days of receipt of a
notification from the agency, the manufacturer must submit a revised registration providing
the information noted by the agency.
    (g) The agency must maintain on its Web site the names of manufacturers and the
manufacturers' brands listed in registrations filed with the agency. The agency must update the
Web site information promptly upon receipt of a new or updated registration. The Web site
must contain prominent language stating, in effect, that sections 115A.1310 to 115A.1330 are
directed at household equipment and the manufacturers' brands list is, therefore, not a list of
manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt
from the requirements of sections 115A.1310 to 115A.1330.
    Subd. 3. Collector's registration. After August 1, 2007, no person may operate as a
collector of covered electronic devices from households unless that person has submitted a
registration with the agency on a form prescribed by the commissioner. Registration information
must include the name, address, telephone number, and location of the business and a certification
that the collector has complied and will continue to comply with the requirements of sections
115A.1312 to 115A.1318. A registration is effective upon receipt by the agency and is valid until
July 1 of each year.
    Subd. 4. Recycler's registration. After August 1, 2007, no person may recycle video display
devices generated by households unless that person has submitted a registration with the agency
on a form prescribed by the commissioner. Registration information must include the name,
address, telephone number, and location of all recycling facilities under the direct control of the
recycler that may receive video display devices from households and a certification that the
recycler has complied and will continue to comply with the requirements of sections 115A.1312
to 115A.1318. A registered recycler may conduct recycling activities that are consistent with this
chapter. A registration is effective upon receipt by the agency and is valid until July 1 of each year.
History: 2007 c 48 s 2