South Carolina § 48-60-40 - Computer manufacturer to provide recovery program or financial incentive of equal or greater value for sales or offers of sale of covered computer devices.

§ 48-60-40. Computer manufacturer to provide recovery program or financial incentive of equal or greater value for sales or offers of sale of covered computer devices.

Section effective until December 31, 2029.

(A) A computer manufacturer may not sell or offer to sell in this State a covered computer device unless the computer manufacturer provides a recovery program at no charge. A recovery program must:

(1) require a computer manufacturer to offer to collect from a consumer a covered computer device bearing a label as provided in Section 48-60-30; and

(2) make the collection service as convenient to a consumer as the purchase of a covered computer device from a computer manufacturer as follows:

(a) A computer manufacturer may utilize a mail-back system in which a consumer can return an end-of-life covered device by mail, including a system in which a consumer can go online, print a prepaid shipping label, package the product, and affix the prepaid label to the package for deposit with the United States Postal Service or other carrier selected by the computer manufacturer.

(b) If the computer manufacturer does not provide a mail-back system, the computer manufacturer must provide collection sites or collection events, or both, that are centrally located in a county, region, or other locations based on population. Computer manufacturers shall work in coordination with the department to determine an appropriate number of collection sites or collection events, or both.

(B) A recovery program may use existing collection and consolidation infrastructure for collecting covered devices, including retailers, recyclers, and reuse organizations.

(C) Computer manufacturers may work collectively and cooperatively to offer collection services to consumers.

(D) A recovery program must be described on a computer manufacturer's Internet website if a manufacturer maintains an Internet website.

(E) Collection events under this section must accept any covered computer device.

HISTORY: 2010 Act No. 178, SECTION 1, eff July 1, 2011; 2022 Act No. 234 (H.4775), SECTION 1.A, eff June 17, 2022.

Editor's Note

2010 Act No. 178, SECTION 3, provides:

"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."

2022 Act No. 234, SECTION 1.B, provides as follows:

"[SECTION 1.]B. Section 14 of Act 129 of 2014, as amended by Act 82 of 2021, is repealed. Section 48-60-55 of the 1976 Code is repealed December 31, 2022. The remaining provisions of this chapter, except Section 48-60-90, are repealed December 31, 2029."

Effect of Amendment

2022 Act No. 234, SECTION 1.A, in (A), in the first sentence, deleted "or provides a financial incentive of equal or greater value, such as a coupon" from the end.