Part 173 of Michigan’s 1994 Public Act 451, as Amended (Act 451) establishes the state’s electronics takeback program, requiring manufacturers of covered computers, printers, and video display devices to register and provide free, convenient recycling options. The law outlines responsibilities for manufacturers, collectors, and recyclers, sets environmental handling standards, and includes penalties for non‑compliance.
A consumer is a person who used a computer or television primarily for personal or small business purposes in Michigan.
A small business is a business with 10 or fewer employees.
Section 17301 defines these terms as follows:
Covered electronic devices (a covered computer or covered video display device) used by individuals and small businesses (businesses with 10 or fewer employees) are the only electronics addressed in this law.
In most cases a tablet would be considered to be a computer. Tablets are not specifically listed as a covered electronic device under the definition of a computer (324.17301), but function as a computer since they have an internal CPU processor and perform computing functions. They commonly have touch screen capabilities and functions that include but are not limited to an internal operating system, file storage, file manipulation, web browsing/internet access.
That is in contrast to e-readers such as the original Kindle, the Nook, the Sony Reader and similar hardware which function by downloading, storing and providing a way to view electronic documents such as books or magazines.
Manufacturers do offer no cost options for returning their products. It is through their mail back program, links can be found on the manufacturer’s websites and their registration documents. Many local units of government offer no cost recycling events for residents throughout the year. Those can be found on environmental webpages for your local unit of government.
The difference is the function of the device. By accepted definition an E-reader is a portable, low-power, high-resolution device specifically designed to display digital versions of written material from books, magazines, newspapers, and other printed sources. Text is loaded onto e-readers through wired or wireless connections, from a local computer or a source such as an online store or a publisher’s website.
E-readers generally do not have an internal microprocessors or operating system but function by displaying what is typically termed e-ink or electronic paper. In simple terms, an E-reader’s primary function is to be a digital reader.
Yes, if the device is sold to consumers or small business and sits on a desktop. EGLE has developed a memo that outlines instances when 3D printer manufacturers need to register.
The fees are deposited in the E-waste Recycling Fund and used by the Department of Environment, Great Lakes and Energy (EGLE) to pay for the administration of the Part 173 program.
A first offense can result in a civil fine of up to $500. A fine of up to $2,500 can be levied for each violation thereafter. If a person knowingly fails to comply or knowingly submits false information under Part 173, a person can get charged with a misdemeanor and may have to pay a criminal fine of up to $5,000 for each violation. Each day a violation occurs represents a separate violation for which a penalty could be charged.
A collector is a person who receives but does not do any processing of computers and televisions (covered electronic devices) from consumers and small businesses and arranges for them to be delivered to a recycler. In many cases, collectors are community and nonprofit programs set up to provide recycling options for residents.
Manufacturers are required to provide free and convenient takeback programs to consumers for covered electronic devices (a covered computer or covered video display device). Part of this responsibility can include partnering with collection programs.
Collection programs that are not recyclers can operate without any additional requirement under the electronics takeback law. Collectors are not required to register under this law.
The intent of the law is to require manufacturers to provide free and convenient Takeback Program for covered electronic devices. This is outlined in Section 17309 of Part 173. Collectors can charge a fee to collect unwanted electronics that are not covered by electronic devices under the law. This includes but is not limited to keyboard, mice, speakers, cables, cords and wires to be recycled.
The law states that manufacturers cannot charge a fee to the consumer when the material is returned to the manufacturer or the manufacturer’s representative. If the collector is not directly participating in a manufacturers takeback program they can charge a reasonable fee for their services.
A “collector” means a person who receives covered electronic devices (a covered computer or covered video display device) from consumers and arranges for the delivery of the covered electronic devices to a recycler.
A “recycler” means a person who, as a principal component of business operations, acquires covered electronic devices and sorts and processes the devices to facilitate recycling or resource recovery. “Recycler” does not include a collector, hauler, or electronics shop, unless the shops are also recycling.
The law does not limit how many devices a collector can accept.
According to the law, a manufacturer takeback program must accept up to 7 products from a single consumer in a single day. If the collection program is not associated with a manufacturer takeback program, there are no restrictions or requirements for accepting any specific number of electronic devices or from whom.
However, a collection program still must comply with solid and hazardous waste regulations (depending on what, how much, and from whom the program is collecting) for issues such as storage of the material and the length of time the materials are on-site.
Yes, but the primary environmental requirements for collectors of consumer electronics are found in hazardous waste rules not Part 173 electronics. The rules identify that consumer electronics shall be handled and stored in a manner that prevents breakage and/or the release of any universal wastes during normal handling conditions. Materials containing leaded glass have been granted special exemptions and the additional requirement of being stored in protected storage.
If there is a release (breakage) the material released must be properly contained and any promptly cleaned up. The consumer electronics must be shipped to the recycling facility using a properly licensed waste handler. There is a storage limit of one year from the date of accumulation.
Records must be kept concerning the source of the material and where the material was shipped for recycling.
Computer manufacturers are only required to take back computers they manufactured; whereas television manufacturers are required to take back all television brands, regardless of the manufacturer.
No. The intent of the program is a free takeback system supported by the manufacturers of the covered electronic devices. All manufacturers offer a free takeback program. For televisions that maybe too large to mail them back, each program has provisions for a no-cost takeback opportunity.
If your business has 10 or fewer employees, you can contact the manufacturer or check their Web site and participate in the takeback program. Note: Manufacturer takeback programs do not preempt existing contracts for managing electronic equipment at the end of their useful lives, and all businesses are still required to meet other disposal regulations that apply to managing their electronic waste.
Many electronics manufacturers are producing greener equipment using less hazardous and more recyclable materials. Many electronics are being designed to use less energy. Check out the manufacturer’s Web site for information about the product or look at the Green Electronics Council Electronic Product Environmental Assessment Tool.
Two ways, a registered recycler is required to wipe data from equipment they recycle. EGLE inspects each registered recycler that has a facility in Michigan to make sure that they are following these and other requirements of The Electronic Takeback program.
Each computer has a setting to wipe and reset your computer. Also, there are many data-wiping programs available to the consumer. Use your favorite search engine to find instructions. Make sure you use a trusted and known source if you download a program.
A manufacturer is defined as the brand owner of a computer or television. If the company is not a U.S. manufacturer, the manufacturer is whoever is responsible for importing the computer or television for sale in Michigan.
Manufacturers are required to register and meet the takeback requirements if the manufacturer manufactured, sold, or imported more than 50 covered computers in the state in calendar year 2000 or any subsequent calendar year or more than 50 covered video display devices in the state in the previous calendar year.
Part 173 does not define “new,” however, generally, “new” covered electronic devices are computers (including printers after April1, 2011) or televisions made from 50 percent or more, by weight, new components.
If the device is made from at least 50 percent new components, the device is a newly manufactured covered electronic device and the manufacturer selling the device or offering the device for sale is subject to this law and required to register.
The brand is the name labeled on the outer shell of the computer, tablet or video display. Examples of some common brands of computers include Acer, Apple, Commodore, Compaq, Dell, Epson, Galaxy, HP, , iPad, Kindle, Nexus, Sony, Surface and Xerox. Examples of common brands of televisions include BRAVIA, Element, JVC, LG, Magnavox, Mitsubishi, Phillips, Panasonic, RCA, Sharp, Samsung, Sony, Toshiba, Vizio, and Westinghouse.
The manufacturer must do all the following:
No. When a manufacturer registers, the manufacturer registration must include the names of all the brands under which it sells computers and televisions in Michigan.
No. A manufacturer can use a variety of ways to take back products. The key issue is that the programs must be convenient and free to consumers. Some examples that have been used around the country are drop-off sites, collection events, retail location takeback programs, and mail-in programs.
Yes. Computer manufacturers are only obligated to take back their own brand(s). Television manufacturers are required to take back any brand of television with a voluntary goal of collecting, by weight, at least 60 percent of the weight of the televisions sold in the state during the previous fiscal year.
The easiest way is to take your US sales numbers and multiply them by 0.031. 3.1% is Michigan’s percentage of the US population.
Section 17305 of Part 173, Electronics, advises that a manufacturer shall not sell or offer for sale to any person in the state (Michigan) a new covered electronic device through sales outlets, catalogs, internet, mail order or other means, without the brand being registered.
While there could be a time that a manufacturer is no longer shipping the registered product to wholesale or retail outlets that is not the sole factor for determining the need to register for the program. Other factors in the decision include if the product is available for purchase through other retail outlets, including brick and mortar locations and/or the internet.
Bottom line, if the product is available for purchase by a consumer in Michigan, the manufacturer needs to register.
Under Section 17301 (k) a Manufacturer does not have to register if it has below 50 covered devices manufactured, sold or imported since year 2000. There are two parts to this issue. One applies to computers and the other video display devices. To qualify for the exemption from registration for the Electronic Takeback program, the manufacturer of computers would have to document that it did not manufacture, sell or import over 50 computers into the state in any year since 2000.
The number of video display devices sold also applies to video display devices except the time period is the previous program year. Keep in mind that the number of devices sold is not specific to Michigan but is a company-wide figure.
Yes. The initial registration filed on August 10th would be followed by a subsequent registration due no later than October 30th. The registration would include information on the total weight of the covered electronic devices received by the takeback program from consumers for the period of the prior fiscal year (in this case, August 1st through September30th) in which the manufacturer operated the takeback program.
The money is deposited into an E-waste Recycling Fund that is used by EGLE to pay for the administration of the Part 173 e-waste program.
A recycler is defined as a person who, as a principal component of business operations, acquires covered electronic devices (a covered computer or covered video display device) and sorts and processes* them to facilitate recycling or resource recovery. This does not include collectors, transporters, and electronic repair shops remanufacturing electronic equipment for resale.
A recycler’s principal business is the recovery of the raw materials from collected covered electronic equipment for reuse as a raw material in manufacturing new products. A recycler is also a facility that sorts covered electronic equipment and processes it by changing the physical character of the covered electronic devices or a component of them to a usable raw material for use in the manufacture of new products.
*Note: Processing under Part 111, Hazardous Waste Management, and Part 115, Solid Waste Management, of Act 451, is defined differently than it is defined in Part 173.
A “recycler” means a person who, as a principal component of business operations, acquires covered electronic devices (a covered computer or covered video display device) and sorts and processes the devices to facilitate recycling or resource recovery.
“Recycler” does not include a collector, hauler, or electronics shop, unless the shops are also recycling. A “collector” means a person who receives covered electronic devices from consumers and arranges for the delivery of the covered electronic devices to a recycler.
The recycler must do all the following:
If a Michigan recycler does not handle any covered electronic devices and the recycler is not part of a Part 173 takeback program, the recycler is not required to register under Part 173. The recycler would need to comply with the Universal Waste requirements found in Part 111 of Act 451 as amended.
No. Only recyclers that recycle covered electronic devices (a covered computer or covered video display device) are subject to this law.
A recycler whose principal business is the recovery of the raw materials from collected covered electronic equipment for use as a raw material in manufacturing new products and the recycler sorts and processes the electronic equipment in a way that changes the physical character of the materials to a usable raw material for manufacture is not required to register and comply with the requirements of Part 173.
Program staff may periodically visit the facility to verify compliance with the provisions of the program.
Haulers or transporters are only mentioned to clarify that they are not recyclers. Part 173 does not add any additional responsibilities to haulers or transporters.
The weight of the entire unit such as the entire computer (central processing unit and monitor, attached or separate), television, printer, etc., should be measured using a large scale. Multiple devices weighed at the same time and the total weight of all devices should be reported at the time of registration.
The money is deposited into an E-waste Recycling Fund that is used by EGLE to pay for the administration of the Part 173 e-waste program.
The 60 percent take back program non-binding goal applies to Video Display Devices (VDDs) manufacturers (Section 17311(e)). By definition, a covered Video Display Devices does not include computer monitors and other covered devices as they do not have a tuner and generally do not display a television signal or video programming from a broadcast signal.
Therefore, the goal is to be calculated using only on the weight of VDDs that are collected within the state for recycling. The weight of other covered devices such as laptops, desktops and monitors cannot be used to meet the non-binding goal for VDDs. For clarification, computer monitors are covered under the law as a computer.
Part 111, Hazardous Waste Management, and Part 115, Solid Waste Management, statutes and rules specify how any waste, including e-waste, is to be handled. Whether e-waste is regulated as a hazardous waste or solid waste depends on the following:
For an overview of the regulations that apply to e-waste, view EGLE's guidance for electronic equipment or universal waste.
The law requires manufacturers to maintain this information on their company Web site. However, other means of providing consumers with takeback information are suggested such as maintaining a toll-free telephone number and providing it with product packaging.
A manufacturer takeback program is required to accept up to 7 products from a single consumer in a single day.
A retailer is someone who sells a computer or television to a consumer. This includes, but is not limited to, stores, catalogs, mail orders, and the Internet.
After April 1, 2010, a retailer cannot sell a new computer or television in Michigan unless the brand manufacturer is registered with EGLE. Currently registered brands are listed on the Electronic takeback program.
No. There is no obligation for a retailer to provide a takeback program for its customers. However, a manufacturer may partner with a retailer to take back computers and televisions for recycling.
