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Covered Electronic Equipment Manufacturer Requirements

The NYS 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 primarily on manufacturers, with oversight by the Department of Environmental Conservation (Department).

The Act enables a manufacturer of covered electronic equipment (CEE) to meet its collection requirements through an individual or collective electronic waste acceptance program. 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.

If more than one entity meets the definition of a manufacturer for 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.

A manufacturer who assembles or substantially assembles, and sells 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 is not considered a manufacturer under the Act. For a manufacturer 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, its equipment's brand names, types of equipment sold, and current annual sales volume into the state. Please send notification via e-mail to the or to the following address:

NYS Department of Environmental Conservation
Division of Materials Management
Product Stewardship & Waste Reduction Section
625 Broadway, 9th Floor
Albany, NY 12233-7253

Summary of Manufacturers' Requirements:

  1. Submit a one-time registration and registration fee. A manufacturer must submit a one-time online certified registration to the Department via the E-waste Online Registration and Reporting System prior to selling or offering for sale CEE in the state, and must submit a one-time registration fee of $5,000 to the Department if operating an individual electronic waste acceptance program. The registration fee is waived for a manufacturer initially registering as participating in a collective electronic waste acceptance program (collective).
  2. Provide a continuous electronic waste acceptance program. A manufacturer, either individually or through its collective, must provide a continuous electronic waste acceptance program to consumers. Such acceptance programs 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. A manufacturer is only 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 (when a reasonably convenient method of acceptance is available to the consumer), data wiping, specialized packing and preparation for collection, etc.
    • Provide for the convenient collection, handling and recycling or reuse of electronic waste. A manufacturer 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. At this time, the following acceptance methods are considered reasonably convenient:
      • 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;
      • mail or ship back return programs; 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 all required electronic waste.
      • A manufacturer of CEE must accept for collection, handling and recycling or reuse electronic waste for which it is the manufacturer.
      • A manufacturer 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.
      • At a minimum, a manufacturer must accept for 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 provided via the E-waste Online Registration and Reporting System to the manufacturer annually after annual reports for the prior program year containing updated sales information have been 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 easily-accessible and up-to-date internet website, which includes:
        • details on how the consumer may use the acceptance program's free and convenient acceptance methods, including the identification of collection sites, facilities, and events, as well as hours of operation, CEE types and brands accepted at each location or event;
        • details on how the consumer may use the acceptance program's free and convenient mailback program, if applicable;
        • details on how the consumer may use the acceptance program's free and convenient acceptance methods for both the manufacturer's brand(s), as well as other manufacturers' brands to meet the one-for-one acceptance requirement; 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 e-mail address to which consumers are able to inquire about recycling opportunities; and
      • written information either 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.
  3. Provide information to retailers. A manufacturer or its representing collective must provide the following information to retailers:
    • A notification that the manufacturer is registered with the Department.
    • If written information regarding the manufacturer's electronic waste acceptance program is not included in the manufacturer's CEE product manual, then the manufacturer or its representing collective must provide information on the manufacturer's electronic waste acceptance program to retailers for distribution to consumers purchasing CEE.
  4. Properly label CEE. A manufacturer 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.
  5. Comply with disposal ban. A manufacturer or its acceptance program 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.
  6. Maintain records. A manufacturer shall maintain records on site demonstrating compliance with the Act, and make them available for audit and inspection by the Department for a period of three years.
  7. Submit an annual report form and annual reporting fee. A manufacturer must submit an online certified annual report to the Department via the E-waste Online Registration and Reporting System and $3,000 annual reporting fee by March 1st annually for the previous year. A manufacturer will be invoiced for this annual fee, and may submit payment via paper check or electronically.
  8. Submit surcharge payment. A manufacturer that fails to meet its acceptance standard for the previous 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. A manufacturer will be invoiced for this surcharge, if applicable, and may submit payment via paper check or electronically within 30 days of the invoice.
  9. Update information. Material changes (i.e. changes to primary program contact, acceptance program offering, etc.) to information previously provided to the Department must be submitted within 30 days of the material change.

Recycling Credit Information:

A manufacturer that accepts more than its acceptance standard for the previous year will be issued electronic waste acceptance credits, available for use, sale, or trade beginning in the year after their generation. Rules for credit transactions and usage include:

  • Credits may not be purchased or sold in the same program year they were generated.
  • No more than 25% of a manufacturer's acceptance standard for any program year may be met with credits generated in a prior program year.
  • Credits expire 3 years after the program year in which they were generated.
  • Credits must be applied and sold in a first-in, first-out order.
  • Credits purchased by a manufacturer in a program year must be applied to that year's acceptance standard, and may not be used to meet subsequent years' obligations.
  • A manufacturer cannot sell credits it has purchased.
  • If anticipating a surcharge, a manufacturer must use any available credits to cover it.

More about Covered Electronic Equipment Manufacturer Requirements:

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  • NYSDEC
    Division of Materials Management
    Product Stewardship & Waste Reduction Section
    625 Broadway
    Albany, NY 12233-7253
    518-402-8706
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