[§339D-4]  Manufacturer responsibility.  (a)  Beginning October 1, 2009, each manufacturer shall label all new covered electronic devices to be offered for sale for delivery in this State with a brand, which label shall be permanently affixed and readily visible.

     (b)  (1)  By January 1, 2009, each manufacturer of new covered electronic devices offered for sale for delivery in this State shall register with the department and pay to the department a registration fee of $5,000.  Thereafter, if a manufacturer has not previously registered, the manufacturer shall register with the department prior to any offer for sale for delivery in this State of the manufacturer's new covered electronic devices.

     (2)  Each manufacturer who is registered shall submit an annual renewal of its registration with the payment of a registration fee of $5,000, by January 1 of each program year.

     (3)  The registration and each renewal shall include a list of all of the manufacturer's brands of covered electronic devices and shall be effective on the second day of the succeeding month after receipt by the department of the registration or renewal.

     (c)  By June 1, 2009, and annually thereafter, each manufacturer shall submit a plan to the department to establish, conduct, and manage a program for the collection, transportation, and recycling of its covered electronic devices sold in the State.

     (d)  By March 31, 2011, and annually thereafter, each manufacturer shall submit to the department the total weight of all covered electronic devices recycled in the previous year, which may include both a manufacturer's own covered electronic devices and those of other manufacturers.

     (e)  By July 1, 2011, and annually thereafter, the department shall publish a ranking of all manufacturers selling covered electronic devices in the State, based upon the annual total weight of covered electronic devices recycled by each manufacturer in the previous year.

     (f)  The State may adopt regulations allowing a procurement preference based upon a manufacturer's ranking.

     (g)  The department shall review each manufacturer's plan and, within sixty days of receipt of the plan, shall determine whether the plan complies with this chapter.  If the plan is approved, the department shall notify the manufacturer or group of manufacturers.  If the plan is rejected, the department shall notify the manufacturer or group of manufacturers and provide the reasons for the plan's rejection.  Within thirty days after receipt of the department's rejection, the manufacturer or group of manufacturers may revise and resubmit the plan to the department for approval.

     (h)  The obligations under this chapter for a manufacturer who manufactures or manufactured covered electronic devices, or who sells or sold covered electronic devices manufactured by others, under a brand that was previously used by a different person in the manufacture of covered electronic devices, shall extend to all covered electronic devices bearing that brand.

     (i)  Nothing in this chapter is intended to exempt any person from liability that the person would otherwise have under applicable law. [L Sp 2008, c 13, pt of §2]