Wednesday, January 27, 2010

Missouri DNR Electronics Scrap Management Rule

The Missouri Department of Natural Resources (DNR) has completed rulemaking under to regulate the collection and recycling of computers under 10 CSR 25-19.010 Electronics Scrap Management. These rules were required in the Manufacturer Responsibility and Consumer Convenience Collection and Recovery Act. The Act requires manufacturers of computers to implement recovery plans for the collection and recycling or reuse of their obsolete equipment. The recovery plan must be implemented and a copy of the plan submitted to the Department of Natural Resources before the manufacturer can sell its computers in Missouri. Manufacturers must also label their equipment to identify themselves as the manufacturer.

Requirements for the recovery plan and reporting by computer manufacturers are listed in the Act. Retailers are prohibited from selling new computers in Missouri unless the equipment contains a manufacturer's label and the manufacturer is listed by the department as having a recovery plan.

The Act required the DNR to promulgate rules by July 1, 2009 to implement the law. Although many of the details are found in the law itself, the intent of the rule is to implement the act by further defining some of the terms used, clarifying who the law applies to, clearly stating the requirements for both manufacturers and retailers and establishing the standards for handling equipment covered by the law. The proposed rule was published in the Missouri Register on Aug. 3, 2009.

The final rule scheduled to be published in the March 30 update of the Code of State Regulation and will be effective on April 30, 2010.

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