New York RoHS

RoHS regulation restricts hazardous substances in various products, including electrical and electronic devices. Following the European Directive, a few US states have adopted similar regulations. Accordingly, New York RoHS put responsibilities on manufacturers of certain electronic equipment.

New York RoHS Scope

The New York State Electronic Equipment Recycling and Reuse Act (Title 26) follows the product stewardship or extended producer responsibility principles. The Act assigns the primary responsibility for managing covered electronic equipment end-of-life to manufacturers. The New York State Department of Environmental Conservation (the Department) oversees this process.

The Act establishes the New York RoHS followed by the European Directive 2002/95/EC (EU RoHS) principles. The New York RoHS obligates manufacturers of covered electronic devices to declare certain hazardous substances in their products. Furthermore, under the Act, manufacturers of covered electronic equipment must establish an individual or collective electronic waste acceptance program.

Declarable Substances Under New York RoHS

Hazardous substances regulated in covered electronic devices sold in the New York State are:

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

Surprisingly, the New York RoHS has not yet regulated the four phthalates restricted by EU RoHS (Butyl benzyl phthalate (BBP), Di-n-butyl phthalate (DBP), Di(2-ethylhexyl) phthalate (DEHP), and Diisobutyl phthalate (DIBP)).

Products Covered by New York RoHS

The following list enumerates the equipment classified as Covered Electronic Equipment (CEE) under the Act:

Cathode ray tubes
Computers, including desktops, laptops, notebooks, tablets, etc.
Computer peripherals, including 3D printers, keyboards or keypads, monitors, external hard drives, etc.
Small electronic equipment, including video game consoles, projectors, digital video recorders (DVR), etc.
Small scale servers
Televisions bigger than 4’’ diagonally

In addition, the Act applies to any cable, cord, or wiring accompanying the CEE. Notably, this list may change over time due to technological advancements introducing new electronic equipment or leading to functional or other product changes.

Furthermore, manufacturers are accountable for verifying if their electronic device falls under the Act. They can also request a CEE determination by writing to the Department.

Products Excluded from New York RoHS

Some electronic devices are not covered under the Act and, therefore, are exempt from the New York RoHS. The examples of excluded equipment are:

Household appliances (washers, dryers, refrigerators, ovens, etc.)
Components of larger equipment intended for industrial, research and development, or commercial purposes
Monitoring and control instrument devices
Navigation instruments like Global Positioning System (GPS) receivers
Medical devices defined under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
Any motor vehicles and their parts
Cameras
Radios
Security and anti-terrorism equipment

The EU RoHS has a broader scope than the New York RoHS. EU RoHS covers more electrical and electronic equipment (EEE).

Manufacturer Responsibilities

According to section 27-2605 (Manufacturer electronic waste registration and responsibilities) of the Act, as of January 1^st, 2011, manufacturers must register with the Department before selling or offering covered electronic equipment in New York State for sale. They must show adherence to the requirements specified in the Act.

Exempted Manufacturers:

Notably, a manufacturer selling less than one thousand units of covered electronic equipment annually in the state is exempt from complying with the Act. A manufacturer qualifying for this exemption must notify the Department with details, such as their name, address, brand name, equipment type, and current annual sales volume in New York State.

CEE made from refurbished, rebuilt, or used components is also out-of-scope of the regulation.

Information that Manufacturers Should Provide:

According to the Act, manufacturers must submit a one-time online registration to the Department through the Re-TRAC portal (the E-waste Online Registration and Reporting System). The registration must include the following information:

Manufacturer’s name, address, and telephone number;
The name and title of an officer, director, or other designated individual serving as the manufacturer’s contact;
List of the manufacturer’s brands;
Description of how the manufacturer intends to comply with section 27-2603 (Manufacturer collection; recycling surcharge) of the Act, including details about their electronic waste acceptance program in New York State and a list of collection points for electronic waste;
Sales data, reported by weight, for the manufacturer’s CEE sold in the state over the past three calendar years;
A statement indicating whether:

- Any CEE sold in the state exceeds the maximum concentration values set by the EU RoHS for the six declarable substances under the New York RoHS
- The manufacturer has obtained an exemption from one or more of these threshold values under the EU RoHS.

Additional Responsibilities:

Manufacturers, whether individually or through a collective, must offer an electronic waste acceptance program to consumers. This program must operate year-round and be free of charge for consumers. Moreover, producers or their collectives must ensure at least one convenient collection method is available in each county and every municipality with a population of 10,000 or more.

Manufacturers must retain records that demonstrate adherence to this Act for three years. Additionally, they should ensure the records are accessible for audit and inspection by the Department.

Furthermore, manufacturers must submit an online annual report to the Department via the Re-TRAC portal by March 1^st each year, covering the previous year.

RoHS in Other US States

A few other US states have implemented similar RoHS regulations, including:

Do you have any questions regarding RoHS regulations in New York or other US states? Contact Enviropass!