Okla. Stat. tit. 27A, § 27A-2-11-605

This is the official text of Okla. Stat. tit. 27A, § 27A-2-11-605, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.

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Manufacturer-Label required - Recovery plan

Official statutory text

A. A manufacturer shall not sell or offer for sale any covered

device in this state unless the covered device is labeled with the

manufacturer’s brand. The label shall be permanently affixed and

readily visible.

B. A manufacturer shall not sell or offer for sale a covered

device in this state unless the manufacturer has adopted and is

implementing a recovery plan, either alone or in cooperation with

other manufacturers.

C. The recovery plan shall fully explain how the manufacturer

will collect from a consumer and recover each covered device that is

labeled with the manufacturer’s brand, at no charge to the consumer.

The manufacturer’s recovery plan under this subsection may use

existing collection and consolidation infrastructure for handling

covered devices and may include electronic recyclers and repair

shops, recyclers of other commodities, reuse organizations,

nonprofit corporations, retailers, recyclers, or other suitable

operations.

D. The recovery plan shall provide for covered device

collection services that are reasonably convenient and available,

and designed to meet the collection needs of consumers in this

state. Nonexclusive examples of collection methods that alone or in

combination meet the convenience requirements of this section

include:

1. A mail-back system, at no cost to the consumer, whereby the

consumer can return a covered device through the mail, including,

but not limited to, a system in which the consumer can go online,

print a prepaid shipping label, package the product, and schedule an

at-home pickup for shipment back to the manufacturer;

2. The providing of staffed physical collection sites at which

consumers may return covered devices, sited in locations that are

geographically central to the consumers served; and

3. Collection events at which consumers may return covered

devices, sited in locations that are geographically central to the

people served and conducted with sufficient frequency to reasonably

meet the needs of the consumers served.

E. If a manufacturer does not offer a mail-back system, it

shall submit for approval by the Department of Environmental Quality

a plan that offers reasonably convenient collections as set forth in

paragraph 2 or 3 of subsection D of this section. The Department

shall review the plan for geographic distribution and frequency of

collections. The Department shall notify the manufacturer within

thirty (30) days of receipt of the plan whether or not the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 292

manufacturer’s plan complies with the requirements of this section.

If the Department does not approve the plan, the Department shall

state the reasons the plan does not comply. The manufacturer shall

respond to the Department within twenty (20) days of receipt of

notification of the disapproval of the plan. If the Department and

the manufacturer do not agree on whether the plan should be

approved, the manufacturer may seek review in a declaratory ruling

proceeding under the provisions of Section 307 of Title 75 of the

Oklahoma Statutes.

F. The recovery plan shall also include a statement that the

manufacturer will not dispose of covered devices in landfills or

transfer covered devices to computer equipment recycling facilities

that dispose of covered devices in landfills other than necessary

incidental disposal in de minimis amounts.

G. Each manufacturer operating or publishing a web site for

providing product information about a covered device shall include

information about collection and recovery for consumers and provide

such information to the Department. The manufacturer shall also

include such information in the packaging or accompanying the sale

of the covered device.

H. No later than March 1 of each year, each manufacturer shall

submit a report to the Department that includes:

1. A summary of the recovery program implemented by the
ude

information about collection and recovery for consumers and provide

such information to the Department. The manufacturer shall also

include such information in the packaging or accompanying the sale

of the covered device.

H. No later than March 1 of each year, each manufacturer shall

submit a report to the Department that includes:

1. A summary of the recovery program implemented by the

manufacturer during the previous calendar year, specifically

describing the methods of recovery implemented by the manufacturer;

2. The weight of covered devices collected and recovered during

the previous calendar year;

3. The location and dates of collection events during the

previous calendar year, if any, and the location of collection

sites, if any; and

4. Certification that the collection and recovery of covered

devices complies with the provisions of Section 9 of this act.

I. Where more than one person is within the definition of

manufacturer of a brand of a covered device, any of those persons

may assume responsibility for and satisfy the obligations of a

manufacturer with respect to covered devices bearing that brand. If

no person assumes responsibility for and satisfies the obligations

of a manufacturer with respect to covered devices bearing that

brand, the Department may consider any of those persons within such

definition to be the manufacturer of that brand.

J. This section does not apply to a manufacturer solely of

covered devices that the Department determines are of such a

character that the covered devices would not be used by a consumer.

If, however, such a manufacturer also manufactures one or more

covered devices that are of such character as to be used by a

consumer, then the provisions of this section nevertheless apply to

the manufacturer for those covered devices.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 293

Status: in_force · Read it on the official government site

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