Requirements for Manufacturers of Covered Electronic Equipment
The New York State Electronic Equipment Recycling and Reuse Act (Act), which is based on the concept of product stewardship or extended producer responsibility, places responsibility for managing end-of-life covered electronic equipment (CEE) primarily on manufacturers, with oversight by the Department of Environmental Conservation (Department).
The Act enables manufacturers of CEE to meet their obligations through individual or collective electronic waste acceptance programs. Described in more detail below are requirements for:
- manufacturers participating in an individual electronic waste acceptance program
- manufacturers participating in a collective electronic waste acceptance program
Also available to manufacturers of CEE are answers to some of the most frequently asked questions regarding the Act.
For a full description of requirements that apply to manufacturers of CEE, please review the NYS Electronic Equipment Recycling and Reuse Act (PDF) (39 KB) (Environmental Conservation Law, Article 27, Title 26).
Who qualifies as a manufacturer?
A "Manufacturer" assembles or substantially assembles CEE for sale in the state; manufactures CEE under its own brand name or under any other brand name for sale in the state; sells, under its own brand name, CEE sold in the state; owns a brand name that it licenses to another person for use on CEE sold in the state; imports CEE for sale in the state; or manufactures CEE for sale in the state without affixing a brand name.
However, manufacturers who assemble or substantially assemble, and sell less than one thousand units of CEE annually in the state, or whose primary business is the sale of CEE which is comprised primarily of rebuilt, refurbished or used components are not considered manufacturers under the Act. For those manufacturers meeting the exemption of selling less than one thousand units of CEE annually in the state, please provide notification to the Department including the manufacturer's name, address, and its equipment's brand names. Please send notification via e-mail to the E-waste Team or to the following address:
NYS Department of Environmental Conservation
Division of Materials Management
Bureau of Waste Reduction and Recycling
Product Stewardship & Waste Reduction Section
625 Broadway, 9th Floor
Albany, NY 12233-7253
Manufacturers of CEE Participating in an Individual Electronic Waste Acceptance Program are Required to:
- Submit a one-time registration form, fee form, and registration fee. Manufacturers of CEE must register with the Department prior to selling or offering for sale CEE in the state, and submit a one-time registration fee of $5,000 using the forms provided below. A registration is effective upon acceptance by the Department and must be updated within thirty days of any material change to the information originally provided.
- MFR-REG: Registration Form for Manufacturers of Covered Electronic Equipment (PDF) (311 KB) - This registration form need only be submitted once. While annual registration is not required, registered manufacturers of CEE must submit an annual report to the Department by March 1st annually for the prior program year.
- REG-FEE: Electronic Equipment Recycling and Reuse Act Registration Fee Form (PDF) (251 KB)
- Provide an electronic waste acceptance program. Manufacturers must provide an electronic waste acceptance program to consumers, which must, at a minimum:
- Be provided at no cost to consumers. The manufacturer cannot charge most consumers for the collection, handling and recycling and reuse of electronic waste. Manufacturers are allowed to charge in the following instances: if a contract for services was in place prior to January 1, 2011; if the consumer is a for-profit entity with 50 or more full-time employees (FTEs) or a not-for-profit entity with 75 or more FTEs; or if a premium service is provided. Premium services are any services above and beyond the reasonably convenient acceptance methods defined in the Act. These include equipment and data security services, refurbishment for reuse by the consumer, and other custom services as may be determined by the Department such as at-home collection (other than mail back programs), data wiping, specialized packing and preparation for collection, etc.
- Provide for the convenient collection, handling and recycling or reuse of electronic waste. Manufacturers must provide at least one reasonably convenient method of collection within each county and within each municipality with a population of 10,000 or greater. A list of such counties and municipalities (PDF) (41 KB) is available. This list may be used to comply with the requirements of Section 27-2605(5) of the Law.
The following collection methods are considered reasonably convenient:
- mail or ship back return programs;
- collection or acceptance events conducted by the manufacturer or the manufacturer's agent or designee, including events conducted through local governments or private parties;
- fixed acceptance locations such as dedicated acceptance sites operated by the manufacturer or its agent or designee;
- agreements with local governments, retail stores, sales outlets and not-for-profit organizations which have agreed to provide facilities for the collection of electronic waste;
- community collection events; and
- any combination of these or other acceptance methods which effectively provide for the acceptance of electronic waste for recycling or reuse through means that are available and reasonably convenient to consumers in the state.
- Accept electronic waste for collection.
- A manufacturer of CEE must accept for collection, handling and recycling or reuse electronic waste for which it is the manufacturer. Manufacturers of CEE must also accept one piece of electronic waste of any manufacturer's brand if offered by a consumer, with the purchase of CEE of the same type by a consumer.
- A manufacturer must also accept for collection and reuse or recycling a sufficient amount of electronic waste to meet the manufacturer's acceptance standard. The manufacturer's acceptance standard is the product of the statewide recycling goal multiplied by the manufacturer's market share of CEE, which will be determined and provided to the manufacturer by the Department annually after annual reports have been received and reviewed.
- Provide a public education program. The public education program must inform consumers about the manufacturer's electronic waste acceptance program, and must provide sufficient information to allow a consumer of CEE to return CEE for recycling or reuse, and must include:
- an internet website, which includes a listing of each location within the state where consumers may return electronic waste as part of the manufacturer's electronic waste acceptance program; and in the case of manufacturers of computers, hard drives and other CEE that have internal memory on which personal or other confidential data can be stored, instructions for how consumers can destroy such data before surrendering the products for recycling or reuse;
- a toll-free telephone number; and
- written information included in the product manual for, or at the time of sale of CEE, that provides a consumer of CEE to information on how to return CEE for recycling or reuse.
- Provide information to retailers. Manufacturers must notify retailers that they are registered with the Department. If written information regarding the manufacturer's electronic waste acceptance program is not included in the manufacturer's product manual for CEE, then the manufacturer must provide information on their electronic waste acceptance programs to retailers for distribution to consumers purchasing CEE.
- Properly label CEE. Manufacturers may not offer for sale in the state or deliver to retailers for subsequent sale CEE unless it has a visible, permanent label clearly identifying the manufacturer of that equipment.
- Comply with disposal ban. Manufacturers may not dispose of electronic waste at a solid waste management facility or hazardous waste management facility, or place electronic waste for collection which is intended for disposal at a solid waste management facility or hazardous waste management facility.
- Submit an annual report form; fee form; annual reporting fee; and recycling surcharge (if applicable).
- A manufacturer that offers CEE for sale in this state must submit an annual report and a $3,000 annual reporting fee using the forms provided below, by March 1st annually for the previous calendar year. Manufacturers must provide information to the Department and meet all reporting requirements of the Act as outlined in Section 27-2617.
- A manufacturer that fails to meet its acceptance standard for the previous calendar year will be subject to a recycling surcharge. The amount of the surcharge varies depending on the amount of electronic waste collected in relation to the manufacturer's acceptance standard, as outlined in Subdivision 27-2603(5) of the Act.
- Maintain records. A manufacturer shall maintain records on site demonstrating compliance with the New York State Electronic Equipment Recycling and Reuse Act, and make them available for audit and inspection by the Department for a period of three years.
Recycling Credit Information:
Beginning with program year 2014, if a manufacturer accepts more than its acceptance standard, the excess weight may be accrued and banked as electronic waste acceptance credits. Manufacturers will be required to report the number of credits accrued beginning with the 2014 program year annual report due March 1, 2015.
Electronic waste recycling credits generated in the 2014 program year, may then be sold, traded, purchased, used or banked beginning in program year 2015. Manufacturers will be required to report annually on any credit transactions beginning with the 2015 program year annual report due March 1, 2016.
- Credits may be sold, traded, or banked for a period no longer than three (3) program years succeeding the year in which the credits were earned.
- Manufacturers may not buy, sell or trade credits in the year in which they were earned.
- No more than 25% of a manufacturer's obligation for any program year may be met with recycling credits generated in a prior program year.
Manufacturers of CEE Participating in a Collective Electronic Waste Acceptance Program
A manufacturer may satisfy the electronic waste collection requirements of the Act by agreeing to participate in a collective electronic waste acceptance program with other manufacturers. Any such manufacturer participating in a collective electronic waste acceptance program is required to meet the same requirements as the individual manufacturer's electronic waste acceptance program described in items 1-7 above, with the following adjustments:
- Submit a registration form. A manufacturer of CEE must still individually register with the Department and submit the registration form below, however, no registration fee form or registration fee is required, as these will be provided by the collective electronic waste acceptance program.
- Provide an electronic waste acceptance program. This will be provided to consumers and operated by the collective electronic waste acceptance program on behalf of the participating manufacturers. The collective electronic waste acceptance program must meet all the same requirements as those of an individual manufacturer's electronic waste acceptance program.
- Provide information to retailers. Information may be provided to retailers by the collective electronic waste acceptance program in which the manufacturer participates on the manufacturer's behalf.
Frequently Asked Questions:
- What is considered covered electronic equipment (CEE)?
For a list of electronic equipment covered by the law, visit the Department's Guidance for Consumers of CEE webpage.
- What if there is more than one entity that qualifies as a manufacturer for a piece of CEE?
If more than one entity meets the definition of a manufacturer of a brand of CEE, any entity may assume responsibility for the obligation to collect and recycle that brand. If none of those entities assume responsibility for the obligations of a manufacturer, any and all entities are subject to enforcement as responsible manufacturers for the recycling of the CEE.
- What happens if a manufacturer does not register or does not maintain an electronic waste acceptance program?
A manufacturer cannot sell or offer for sale CEE in the state after April 1, 2011 unless it has registered its brands with the Department and maintains an electronic waste acceptance program through which the manufacturer, either directly or through an agent or designee, accepts electronic waste from consumers in the state for recycling or reuse.
- Are manufacturers liable for data stored on accepted electronic waste?
Except to the extent otherwise required by law, no manufacturer shall have any responsibility or liability for any data in any form stored on electronic waste surrendered for recycling or reuse, unless such person misuses or knowingly and intentionally, or with gross negligence, discloses the data.
- What are premium services?
Premium services are any services above and beyond the reasonably convenient acceptance methods defined in the Act. These include equipment and data security services, refurbishment for reuse by the consumer, and other custom services as may be determined by the Department such as at-home collection (other than mail back programs), data wiping, specialized packing and preparation for collection, etc.
- The Act says manufacturers have to accept one item (of the same type) for every new piece of CEE sold. Do retailers have to take back electronic waste at the point of sale?
No. The retailer does not have to accept electronic waste at the point of sale. However, the retailer should inform the consumer that they are entitled to return one piece of electronic waste of the same type as the CEE purchased, and should provide the consumer with instructions on how to recycle their electronic waste.
- How can a manufacturer obtain a copy of the Department's Form W-9?
To obtain a copy of Form W-9, which includes the Department's Employer Identification Number (EIN) and address, etc., please send an email request to Electronic Waste or call 518-402-8706.
More about Requirements for Manufacturers of Covered Electronic Equipment:
- Registered Covered Electronic Equipment (CEE) Manufacturers and their Brand(s) - Lists all manufacturers' brands registered under the NYS Electronic Equipment Recycling and Reuse Act, as well as manufacturers' contact information and public education program websites.