Hawaii adopted its Electronic Waste Recycling Act in 2008. Act requirements apply to manufacturers, retailers, and consumers, including households, government entities, businesses and nonprofit corporations. Under the law, manufacturers of covered electronic devices (CEDs) must register with the Department of Health (DOH) and pay an annual registration fee, submit a recycling plan to the DOH, and label all CEDs offered for sale or delivery in Hawaii with a permanently affixed brand label. Retailers of CEDs must provide customers with information on CED collection services in the state. Consumer must recycle CEDs.

What electronic devices are covered?

The law covers consumer electronic products, including: computers, computer printers, computer monitors and portable computers with a screen size great than 4 inches diagonally. CEDs do not include electronic devices that are a part of (a) motor vehicles; (b) equipment for industrial, commercial or medical use; © appliances, such as washing machines, refrigerators, or ovens; or (d) telephones.

Televisions are not yet covered under the Hawaii Electronic Waste Recycling Act. Under the law, DOH is to be crafting a separate plan for the collection, transportation, and recycling of televisions. If the new plan is not implemented by January 1, 2011, then televisions will be subject to the new law and the definition of CED will be expanded to include televisions.

Who is a manufacturer?

Requirements under the Hawaii law apply to manufacturers. “Manufacturer” is defined broadly under the law to include anyone who (a) makes or made CEDs under their own brand; (b) sells or sold CEDs under a brand that they licensed; © makes or made CEDs without affixing a brand; (d) makes or made CEDs and affixed a brand that they did not own and were not licensed to use; and (e) private labelers (retailers who sell or sold CEDs made by others under a brand that the seller owns). Note the retroactive tone of each requirement. Manufacturers that sell 100 or fewer computers annually in Hawaii are exempt.

Who is a retailer?

Retailers include any person who offers new CEDs for sale (not including resale), through any means, including stores, catalogs or online.

Compliance tips

Much of the Hawaii law is already in effect. If your company is subject to this law, it is important to review it and plan for compliance without delay. Here is a short summary of some requirements applicable to manufacturers and retailers.

As of January 1, 2009, all manufacturers of new CEDs must have registered with DOH and paid a $5,000 annual fee. The next registration fee is due at the beginning of 210. As June 1, 2009, all manufacturers selling CEDs in Hawaii must have filed a plan with the DOH detailing a plan to establish, conduct and manage its program for the collection, transportation, and recyling of CEDs sold in Hawaii. Beginning on October 1, 2009, manufacturers must label all CEDs with a permanently affixed and readily visible brand label.

DOH offers a list of the CED manufacturers had registered or received an exemption by DOH, as of July 2009. Under the law, the list is to be updated by DOH on the first day of each month. Each retailer who sells CEDs must review the list before selling a CED. To ensure compliance, a retailer must confirm that manufacturer is on the current list as of the date an order is placed.