Minnesota RoHS

Several USA states have adopted regulations similar to EU RoHS to support environmental sustainability and consumer safety. One of these regulations is Minnesota RoHS.

Minnesota RoHS Scope

The Minnesota Environmental Protection Statute (Section 115A.1310-1330, Video Displays and Electronic Devices; Collection and Recycling) requires the manufacturers of specific video display devices sold to households in the state to register with the Pollution Control Agency (the Agency). Along with the registration, manufacturers must disclose whether their products comply with the European RoHS Directive 2002/95/EC. Moreover, similar to the EU WEEE Directive, manufacturers are responsible for providing collecting and recycling plans for their video display devices sold to households in Minnesota state.

Covered Products Under Minnesota RoHS

Minnesota RoHS applies to video display devices which refer to a television or computer monitor with a cathode-ray tube or flat panel screen used for household purposes. On the other hand, the following products are exempt:

Video displays in motor vehicles or any components, including replacement parts, used in motor vehicles
Video displays used for industrial or commercial settings, library checkout, traffic control, security (except household security), border control, or medical purposes (i.e., diagnostic, monitoring, or control equipment)
Video displays built into appliances such as washers, dryers, refrigerators, microwaves, ovens, dishwashers, air conditioners, dehumidifiers, or air purifiers
Telephones (any type)

Declarable Substances Under Minnesota RoHS

According to the Minnesota RoHS, manufacturers of video display devices sold or offered for sale to a household in the state must disclose information regarding the following substances in their products:

Lead
Mercury
Cadmium
Hexavalent chromium
Polybrominated biphenyls (PBBs)
Polybrominated diphenyl ethers (PBDEs)

Different Parties Responsibilities

Manufacturers:

Since September 1, 2007, manufacturers who want to sell or deliver for sale to retailers a video display device must:

Affix a permanent and readily visible label showing the manufacturer’s brand to the device
Register with the Agency annually
Pay an annual registration fee (if selling 100 or more devices to households in Minnesota during the previous calendar year) to the commissioner of revenue
Report to the Agency regarding the collection and recycling of the covered devices
Pay a variable recycling fee each year
Carry out and document due diligence assessments of the collectors and recyclers they partner with.

Retailers:

Retailers who sell, offer for sale, rent, or lease a video display device in Minnesota must ensure that:

The device has a permanent and visible label with the manufacturer’s brand
The device is on the registered list of products on the Agency’s website.

Notably, a retailer isn’t liable for an illegal sale if the manufacturer’s registration expired or was revoked after obtaining the video display device as long as the sale happened within six months of the registration’s expiration or revocation.

The Minnesota RoHS Agency:

The Agency must assess each registration and inform the manufacturer of missing or incomplete information. Moreover, the Agency must maintain a list of manufacturers who have submitted their registration on its website. They must promptly update this list upon receiving a registration.

Collectors and Recyclers:

By July 15 each year, collectors and recyclers of covered electronic devices must register with the Agency. They must provide information regarding their businesses (e.g., name, address, telephone number, location, recycling facilities, etc.) and a certification demonstrating compliance with relevant regulations. Additionally, they must report annually to the Agency the total weight of covered products collected or recycled in the state during the previous program year.

Manufacturer Registration Requirements under Minnesota RoHS

According to Section 115A.1312 of the Statute, manufacturers must submit their registration to the Agency annually by August 15. The registration includes the following information:

A list of the manufacturer’s video display device brands sold or offered for sale to a household in the state
The contact details, including name and address, of the person responsible for ensuring compliance with this regulation
A certification stating that the manufacturer has met and will continue to follow the regulation requirements
A statement reveals whether:
1. Any video display devices sold to households surpass the maximum concentration values established by the EU RoHS Directive 2002/95/EC and its amendments for any declarable substances under Minnesota RoHS.
2. The video display device is under a RoHS exemption approved and published by the European Commission for one or more of these maximum concentration values.

Manufacturers have up to ten days after beginning to sell or offer their video display devices for sale to submit their registration. Additionally, manufacturers must update their registration within ten days after a change in the device brand. Furthermore, the registration becomes effective once the Agency receives it and remains valid until August 15 every year.

Manufacturers Reporting Requirements per Minnesota RoHS

Manufacturers must report to the Agency by March 1 each year the total weight or an estimate of the total weight of their video display devices sold to Minnesota households in the previous calendar year. Along with the report, manufacturers must explain how they determined the total weight.

In addition, manufacturers must report to the Agency by August 15 each year the total weight of covered products they collected from households in Minnesota and recycled or arranged for collection and recycling during the preceding program year.

RoHS in Other US States

Other US states with similar RoHS regulations include:

Also explore RoHS worldwide for your product exports!

Contact Enviropass for future assistance on Minnesota RoHS!