§ 66260.201. Classification of an Electronic Device as a Covered Electronic Device.

(a) Subsequent to the dates set forth in Health and Safety Code section 25214.10.1, subdivision (d)(1) or (2) as appropriate, an electronic device that is listed in subsection (e) of this section and in subsection (c) of appendix X to chapter 11 of this division is a “covered electronic device” pursuant to chapter 8.5 of part 3 of division 30 of the Public Resources Code section 42460 et seq. unless the manufacturer of the electronic device has obtained the Department's concurrence that the electronic device is nonhazardous pursuant to subsection (d) of this section. Upon issuance of the Department's concurrence, the electronic device shall cease to be a covered electronic device. Health and Safety Code section 25214.10.1, subdivision (e)(1), prescribes the date on which the electronic device is no longer subject to chapter 8.5 of part 3 of division 30 of the Public Resources Code.

(b)(1) Each manufacturer of electronic devices sold in the State shall determine if it produces any electronic device(s) of the types listed in subsection (c) of appendix X of chapter 11 of this division, and if so, shall send an annual notice to retailers and the Board of Equalization pursuant to Health and Safety Code section 25214.10.1, subdivisions (c)(1) and (c)(2). The notice shall include all covered electronic devices listed in subsection (e) of this section that are manufactured by the manufacturer and shall include the information specified in subsection (b)(3) of this section.

(2) A manufacturer who distributes any covered electronic device for which a notice was not provided as required in subsection (b)(1) of this section, shall provide the notice to the retailer(s) no later than the date the retailer(s) first receives the covered electronic device. A manufacturer who provides a notice pursuant to subsection (b)(2) of this section remains subject to penalties for any noncompliance with subsection (b)(1) of this section.

(3) The notice shall include all of the following:

(A) The brand name(s) of each of the covered electronic devices.

(B) A general description of each of the covered electronic devices [e.g., cathode ray tube (CRT) television, laptop computer, liquid crystal display (LCD) monitor, etc.].

(C) The viewable screen size for each covered electronic device. As used in this section, viewable screen size means the diagonal measurement of the output surface, as viewed by the operator of the covered electronic device, excluding any plastic, wood, metal, or other bezel material that surrounds the video display surface.

(D) At least one of the following: the product group or family, model number or series, part number or series, or a similar descriptor for each covered electronic device that will enable the retailers to determine that the electronic device is a covered electronic device. For example, a notification could include a statement such as “All (brand name) XYZ series, 15-inch through 21-inch, LCD-desktop computer monitors and all bundled computer systems containing these monitors,” rather than delineating each XYZ monitor individually.

(c) A manufacturer who incorrectly determines that a product it produces is not a listed device or fails to make a notification pursuant to subsection (b) of this section is in violation of the requirements of this division.

(d) A manufacturer may determine that it produces an electronic device which is listed in subsection (e) of this section but which is nonhazardous, and if so, may apply to the Department for concurrence with its nonhazardous determination through the procedure set forth in section 66260.200(d).

(e) The following electronic devices are covered electronic devices pursuant to chapter 8.5 of part 3 of division 30 of the Public Resources Code section 42460 et seq., if they have a viewable screen size [as defined in subsec. (b)(3)(C) of this section] greater than four inches:

(1) CRT-containing devices (CRT devices);

(2) CRTs;

(3) CRT-containing computer monitors;

(4) LCD-containing laptop computers;

(5) LCD-containing desktop monitors;

(6) CRT-containing televisions;

(7) LCD-containing televisions (excluding LCD projection televisions);

(8) Plasma televisions (excluding plasma projection televisions); and

(9) Portable DVD players with LCDs.

HISTORY

1. New section filed 6-7-2004 as an emergency; operative 6-7-2004 (Register 2004, No. 24). Pursuant to Public Resources Code section 42475.2, a Certificate of Compliance must be transmitted to OAL by 6-7-2006 or emergency language will be repealed by operation of law on the following day.

2. Amendment of subsections (a) and (b)(1)-(2) and amendment of Note filed 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). Pursuant to Public Resources Code section 42475.2, a Certificate of Compliance must be transmitted to OAL by 1-1-2007 or emergency language will be repealed by operation of law on the following day.

3. Amendment of section and Note filed 4-11-2005 as an emergency; operative 4-11-2005 (Register 2005, No. 15). Pursuant to Public Resources Code section 42475.2 and Health and Safety Code section 25214.10.2, a Certificate of Compliance must be transmitted to OAL by 4-11-2007 or emergency language will be repealed by operation of law on the following day.

4. New section, including subsequent emergency amendments, refiled 6-5-2006 as an emergency; operative 6-5-2006 (Register 2006, No. 23). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

5. Editorial correction of subsection (b)(3)(D) (Register 2006, No. 24).

6. New section, including subsequent emergency amendments, refiled 5-8-2008 as an emergency; operative 5-8-2008 (Register 2008, No. 19). Pursuant to Health and Safety Code section 25214.10.2, this emergency regulation shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

7. Certificate of Compliance as to 5-8-2008 order, including further amendment of section and Note, transmitted to OAL 12-19-2008 and filed 2-4-2009 (Register 2009, No. 6).

8. Editorial correction of History 7 (Register 2009, No. 10.)

Note

Note: Authority cited: Sections 25140, 25141, 25214.9 and 25214.10.2, Health and Safety Code; and Section 42475, Public Resources Code. Reference: Sections 25140, 25141, 25214.9 and 25214.10.1, Health and Safety Code; and Section 42463, Public Resources Code.