New Jersey RoHS

Electronic devices may contain hazardous substances. RoHS aims to encourage the production of safer and more environmentally friendly products. Accordingly, New Jersey RoHS restricts the presence of heavy metals in specific electronic equipment.

New Jersey RoHS Scope

According to the New Jersey Electronic Waste Management Act (C.13:1E-99.94 et seq.), manufacturers of covered electronic devices sold in this state must register with the Department of Environmental Protection (the Department). Like California RoHS, New Jersey RoHS prohibits the sale of covered electronic devices that exceed the maximum concentration value for certain heavy metals restricted in the European Union Directive 2002/95/EC. Furthermore, like EU WEEE, manufacturers and retailers selling covered electronic devices in New Jersey State must provide a plan for collecting, transporting, and recycling their products.

Products Covered Under New Jersey RoHS

According to the Act, Covered Electronic Devices (CEDs) include the following products sold or offered for sale in New Jersey State:

Desktops or personal computers
Computer monitors
Portable computers
Desktop printers
Desktop fax machine
Televisions

Exempted Products

CEDs do not include the following products:

Electronic devices and assembled components that are part of motor vehicles
Devices integrated into larger equipment intended for industrial, commercial, or medical purposes, such as diagnostic, monitoring, or control equipment
Electronic equipment situated inside household appliances, including washers, dryers, refrigerators, freezers, ovens, microwaves, dishwashers, air conditioners, air purifiers, or dehumidifiers
Portable devices used for accessing commercial mobile data service or commercial mobile radio service

Restricted Substances Under New Jersey RoHS

The Act restricts the following four heavy metals used in covered electronic devices sold in the New Jersey State:

Lead
Mercury
Cadmium
Hexavalent chromium

Manufacturers Responsibilities

According to the Act, the manufacturers have the following responsibilities:

1. Labeling the Product:

The covered electronic devices must bear a permanently affixed and readily visible label containing the manufacturer’s brand.

2. Registration With the Department:

Every January 1^st, manufacturers of CEDs must register with the Department and pay the registration fee of $5,000. The Department exempts the manufacturer from paying the registration or renewal fee if its market share determined by the Department is 0.1 percent or less during the previous program year.

3. Providing A Recycling Plan:

Manufacturers with a market share greater than 0.1 percent must provide a plan to the Department detailing the collection, transportation, and recycling of their CEDs. The plan must include the following information:

Methods for collecting CEDs, including proposed collection services
Strategies for conveniently collecting devices, especially televisions, in densely populated areas
Plans to publicize collection services, such as a website or toll-free number
Recycling processes and methods, including the names and locations of involved authorized recyclers
Intentions to fulfill obligations through individual operation, contracts with entities, group administrators, or collaboration with other manufacturers

Notably, the Department may refuse the plan, entirely or partially, and may impose additional conditions for approval.

Furthermore, manufacturers who recycle more CEDs than their obligations can sell credits to another registrant or use the excess to meet the recycling requirement for the following year. However, manufacturers can use credits from a previous year to fulfill no more than 25 percent of their obligation for any program year.

Retailers also have similar responsibilities relative to recycling. Accordingly, they must offer consumers clear information on how and where to recycle electronic devices, including any restrictions on the number of devices accepted at drop-off sites. This information must be accessible through a toll-free number, a website, or included with the device’s packaging or sale documentation.

4. Compliance with New Jersey RoHS:

According to section 13:1E-99.101 of the Act, since January 1, 2011, the covered electronic devices sold in the New Jersey State must comply with the European Union Directive 2002/95/EC (EU RoHS). Accordingly, the CED would be non-compliant if the concentration of one or more heavy metals exceeds the maximum concentration value specified in RoHS.

Surprisingly, the sale or offer for sale of the non-compliant CED is allowed if the heavy metal use is essential to meet consumer, health, or safety requirements mandated by Underwriters Laboratories (UL) or federal or New Jersey State laws.

The Department’s Annual Report

Each year, the Department publishes a report on its website. This annual report aims to provide transparency and accountability regarding electronic waste management efforts in the state. The report includes the following information:

The total weight of CEDs collected statewide during the previous calendar year
A comprehensive list of all collection sites within the state for CEDs, including the operators of each site and the amount of material collected at each site by weight
An exhaustive inventory of all authorized recyclers involved in the recycling of CEDs, along with the annual weight of materials recycled by each recycler

Penalties of Noncompliance

Any manufacturer that does not comply with all requirements of this Act cannot sell or offer for sale a covered electronic device in the New Jersey State. Additionally, it is illegal for any retailer to sell or offer for sale in this state a CED from a manufacturer that is not fully compliant with the Act. Furthermore, the Department publishes a list of all manufacturers who comply with the Act on its website. Therefore, sellers of CEDs in or into the New Jersey State must consult this list of compliant manufacturers. The Department updates this list at least once a month.

Moreover, a manufacturer that does not meet its required market share in weight obligation for collecting, transporting, and recycling CEDs must pay penalty fees.

Do you have any inquiries about New Jersey RoHS? Contact Enviropass!