N.J. Admin. Code § 7:26A-13.7
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:26A-13.7 - Prohibitions on the sale and disposition of all covered electronic devices(a) No manufacturer shall sell or offer for sale a covered electronic device in New Jersey, unless the manufacturer complies with all financial and other requirements of this subchapter, including all conditions and terms of an approved plan or a plan for which approval is pending pursuant to 7:26A-13.10(f), and N.J.S.A. 13:1E-99.9 4 et seq.(b) No manufacturer or retailer of a covered electronic device shall sell or offer for sale a covered electronic device in New Jersey unless: 1. The covered electronic device is labeled with the manufacturer's brand; and2. The label is permanently affixed to the device in such a way as to ensure that the brand is readily visible without removing or disassembling any portion of the device.(c) No person shall sell or offer for sale in New Jersey a new covered electronic device from a manufacturer that is not in full compliance with the requirements of the Act. The prohibition of the sale or offer for sale of its covered electronic devices does not apply to the covered electronic devices of a manufacturer who has not yet obtained the Department's approval of its collection plan so long as the manufacturer is otherwise in compliance with the requirements of this subchapter and the collection plan is pending approval by the Department as provided at 7:26A-13.10(f).(d) No person shall sell or offer for sale in New Jersey a new covered electronic device that is prohibited from being sold or offered for sale in the European Union on or after its date of manufacture because it contains one or more heavy metals in a concentration that exceeds the maximum concentration value specified in the Annex to the European Union Directive 2002/95/EC, as supplemented or amended and incorporated by reference herein, and available at eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0095:20080524:EN:PDF, unless the exceedance of the heavy metal maximum concentration value results from the inclusion of a substance in order to comply with the consumer, health, or safety requirements of the Underwriters Laboratories, or with Federal or State law.(e) A seller of new covered electronic devices shall ensure compliance with (c) and (d) above by consulting the compliance list established by the Department and posted on its website. A seller has complied with (c) and (d) above if, on the date that the covered electronic device was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the Department's website or the website indicates that approval is pending for that manufacturer.(f) No person shall, pursuant to any collection plan, send a collected covered electronic device to a jail, prison, or other institution for the detention of persons charged with or convicted of an offense, for the purpose of recycling, including manual or mechanical separation to recover components and commodities contained therein for re-use or recycling, either directly or through intermediaries, and nothing in this subchapter shall be construed to allow for the recycling of covered electronic devices by prisoners.(g) No person shall knowingly dispose of a used covered electronic device, or any of its components or subassemblies, as solid waste. N.J. Admin. Code § 7:26A-13.7