SB 364 - This act creates the "Television Electronic Recycling Act".
Television manufacturers shall not sell televisions in Missouri unless the manufacturer's name and brand are affixed on the televisions. By January 1, 2011, any television manufacturer who intends to sell televisions in Missouri must register with the Department of Natural Resources and pay an initial registration fee of $2,500. Each television manufacturer shall be required thereafter to pay a renewal fee of $2,500 by January 1st of each year. The registration shall list all the brands used by the television manufacturer.
Beginning in 2012, each television manufacturer who sells televisions in Missouri must recycle a certain amount of discarded televisions based on that manufacturer's market share of televisions sold in Missouri during the previous year. Manufacturers may fulfill this requirement in conjunction with other manufacturers. By January 31, 2012 and on an annual basis thereafter, each television manufacturer must report to the department the amount of televisions it collected and recycled during the previous year.
Beginning January 1, 2011, retailers may only sell televisions of manufacturers who have registered with the department and only televisions labeled with the manufacturer's name and brand. Also by that date, retailers must provide information to their customers regarding television collection and recycling services, which includes the department's website and phone number.
Retailers are not liable for any information left on televisions that they collect and recycle.
The act provides procedures for the department to best determine each television manufacturer's market share and requires the department to notify each manufacturer of the amount it should recycle by March 15, 2012 and annually thereafter.
The department is required to conduct certain information/education activities for consumers.
The department and the Attorney General may enforce the provisions of the act. Any television manufacturer who fails to label its televisions or fails to recycle televisions may be assessed a penalty up to $10,000 for a first violation, and up to $25,000 for second or subsequent violations. Individuals or retailers who violate the act's provisions may be subject to a penalty up to $1,000 for a first violation, and up to $2,000 for second or subsequent violations. The department shall use the proceeds from paid penalties to offset costs incurred in administering this act and to provide grants to local governments that recycle televisions.
Any financial or proprietary information reported to the department under the act is exempt from the Sunshine Law.
The department shall annually issue a report to the General Assembly based on information reported by manufacturers. The act requires all televisions collected and recycled to be done in accordance with all other laws and requires the department to adopt the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling Operating Practices in its requirements.
State bidding procedures for televisions must ensure that the requirements of the act are met in any state purchase of televisions.