Illinois § 1-35

§ 1-35.

Retailer responsibilities. (a) Beginning in program year 2019, no retailer who first sells, through a sales outlet, catalogue, or the Internet, a CED at retail to an individual for residential use may sell or offer for sale any CED in or for delivery into this State unless: (1) the CED is labeled with a brand, and the label is permanently affixed and readily visible; and (2) the manufacturer is registered with the Agency at the time the retailer purchases the CED. (b) A retailer shall be considered to have complied with paragraphs (1) and (2) of subsection (a) if: (1) a manufacturer registers with the Agency within 30 days of a retailer taking possession of the manufacturer's CED; (2) a manufacturer's registration expires and the retailer ordered the CED prior to the expiration, in which case the retailer may sell the CED, but only if the sale takes place within 180 days of the expiration; or (3) a manufacturer is no longer conducting business and has no successor in interest, in which case the retailer may sell any orphan CED ordered prior to the discontinuation of business. (c) Retailers shall not be considered collectors under the convenience standard and retail collection sites shall not be considered a collection site for the purposes of the convenience standard pursuant to Sections 1-10, 1-15, and 1-25 unless otherwise agreed to in writing by the (i) retailer, (ii) operators of the manufacturer e-waste program, and (iii) the applicable county, municipal joint action agency, or municipality. If retailers agree to participate in a county program collection site, then the retailer collection site does not have to collect all CEDs or register as a collector. (d) Manufacturers may use retail collection sites for satisfying some or all of their obligations pursuant to Sections 1-10, 1-15 and 1-25. (e) Nothing in this Act shall prohibit a retailer from collecting a fee for each CED collected. (Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.) (Text of Section after amendment by P.A. 104-274) (Section scheduled to be repealed on December 31, 2031) Sec. 1-35. Retailer responsibilities. (a) Beginning in program year 2019, no retailer who first sells, through a sales outlet, catalogue, or the Internet, a CED at retail to an individual for residential use may sell or offer for sale any CED in or for delivery into this State unless: (1) the CED is labeled with a brand, and the label is permanently affixed and readily visible; and (2) the manufacturer is registered with the Agency at the time the retailer purchases the CED. (b) A retailer shall be considered to have complied with paragraphs (1) and (2) of subsection (a) if: (1) a manufacturer registers with the Agency within 30 days of a retailer taking possession of the manufacturer's CED; (2) a manufacturer's registration expires and the retailer ordered the CED prior to the expiration, in which case the retailer may sell the CED, but only if the sale takes place within 180 days of the expiration; or (3) a manufacturer is no longer conducting business and has no successor in interest, in which case the retailer may sell any orphan CED ordered prior to the discontinuation of business. (c) Retailers shall not be considered collectors under the convenience standard and retail collection sites shall not be considered a collection site for the purposes of the convenience standard pursuant to Sections 1-10, 1-15, and 1-25 unless otherwise agreed to in writing by the (i) retailer, (ii) operators of the manufacturer e-waste program, and (iii) the applicable county, municipal joint action agency, or municipality if the county, municipal joint action agency, or municipality elects to participate in the manufacturer e-waste program. If retailers agree to participate in a county program collection site, then the retailer collection site does not have to collect all CEDs or register as a collector. (d) Manufacturers may use retail or private network collection sites for satisfying some or all of their obligations pursuant to Sections 1-10, 1-15 and 1-25. (e) Nothing in this Act shall prohibit a retailer or private network collection site from collecting a fee for each CED collected. (Source: P.A. 104-274, eff. 1-1-26.)