                                 CODE OF VIRGINIA

MANUFACTURER RECOVERY PLAN (§ 10.1-1425.29)

A. Before a manufacturer may offer computer equipment for sale in the
Commonwealth, the manufacturer shall:

   1. Adopt and implement a recovery plan; and

   2. Affix a permanent, readily visible label to the computer equipment with the
   manufacturer&#8217;s brand.

B. The recovery plan shall enable a consumer to recycle computer equipment
without paying a separate fee at the time of recycling and shall include
provisions for:

   1. The collection from a consumer of any computer equipment that has reached
   the end of its useful life and is labeled with the manufacturer&#8217;s brand;
   and

   2. Recycling or reuse of computer equipment collected under subdivision 1.

C. The collection of computer equipment provided under the recovery plan must be
reasonably convenient and available to consumers in the Commonwealth and
designed to meet the collection needs of consumers in the Commonwealth. Examples
of collection methods that alone or combined meet the convenience requirements
of this section include:

   1. A system by which the manufacturer or the manufacturer&#8217;s designee
   offers the consumer a system for returning computer equipment by mail at no
   charge to the consumer;

   2. A system using a physical collection site that the manufacturer or the
   manufacturer&#8217;s designee operates and to which the consumer may return
   computer equipment; and

   3. A system using collection events held by the manufacturer or the
   manufacturer&#8217;s designee at which the consumer may return computer
   equipment.

D. Collection services under this section may use existing collection and
consolidation infrastructure for handling computer equipment and should
encourage the inclusion of systems jointly managed by a group of manufacturers,
electronic recyclers and repair shops, recyclers of other commodities, reuse
organizations, not-for-profit corporations, retailers, recyclers, and other
suitable operations. If a manufacturer or its designee offers a mail-back system
as described in subdivision C 1, either individually, by working together with a
group of manufacturers, or by working with others, it shall be deemed to meet
the convenience requirements of this section.

E. The recovery plan shall include information for the consumer on how and where
to return the manufacturer&#8217;s computer equipment. The manufacturer:

   1. Shall include collection, recycling, and reuse information on the
   manufacturer&#8217;s publicly accessible website;

   2. Shall provide collection, recycling, and reuse information to the
   Department; and

   3. May include collection, recycling, and reuse information in the packaging
   or in other materials that accompany the manufacturer&#8217;s computer
   equipment when the equipment is sold.

F. Information about collection, recycling, and reuse on a manufacturer&#8217;s
publicly accessible website does not constitute a determination by the
Department that the manufacturer&#8217;s recovery plan or actual practices are
in compliance with this article.

G. If more than one person is a manufacturer of a certain brand of computer
equipment as defined by &#xA7; 10.1-1425.27, any of those persons may assume
responsibility for and satisfy the obligations of a manufacturer under this
article for that brand. If none of those persons assumes responsibility or
satisfies the obligations of a manufacturer for the computer equipment of that
brand, any of those persons may be considered to be the responsible manufacturer
for purposes of this article.

H. The obligations under this article of a manufacturer who manufactures or
manufactured computer equipment, or sells or sold computer equipment
manufactured by others, under a brand that was previously used by a different
person in the manufacture of the computer equipment extends to all computer
equipment bearing that brand regardless of its date of manufacture.

HISTORY: 2008, c. 541.