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Rhode Island RoHS – FAQ

The Rhode Island RoHS limits hazardous substances in electronic equipment, aiming to reduce their negative environmental and health impacts. It aligns with global efforts for safer disposal and recycling practices. Its short name can be RoHS Island 🙂

Rhode Island RoHS

What is Rhode Island RoHS?

Rhode Island implemented a RoHS-like regulation in the Electronic Waste Prevention, Reuse, and Recycling Act (Chapter 23-24.10). Accordingly, manufacturers of covered electronic devices sold to households and schools must register with the Department of Environmental Management (the Department) and declare hazardous substances in their products.

Additionally, since January 31, 2009, covered electronic products, including their components and materials, must be recycled or disposed of as hazardous waste. Solid waste facilities cannot accept these products for disposal and must establish and document procedures to separate them from other waste. Like EU WEEE, manufacturers of covered electronic products are responsible for collecting, transporting, and recycling their products.

What Are the Purposes of the Act?

The goals of this act are:

  1. Establish a manufacturer-funded system for collecting, recycling, and reusing electronic products in Rhode Island.
  2. Create a strategy involving state agencies, manufacturers, processors, and consumers to prevent and reduce electronic waste, ensuring safe and environmentally friendly recycling and reuse practices.
  3. Develop state infrastructure for reusing and recycling electronics.
  4. Eliminate electronic waste disposal in landfills and incinerators.
  5. Encourage the design of less toxic, more durable, and more recyclable electronic products.

Covered Electronics Under Rhode Island RoHS

According to Rhode Island RoHS, the covered electronic products include:

  1. Computers (including Central Processing Units (CPUs))
  2. Computer monitors (Cathode Ray Tube (CRT) or flat panel types)
  3. CPU and monitor combination units
  4. Portable computers (e.g., tablets)
  5. Printers, but only if they make up more than 20% of the total weight of returned covered electronics after January 1, 2020
  6. Televisions with screens larger than nine inches diagonally and containing a circuit board

On the other hand, the Rhode Island RoHS does not apply to computers, televisions, or video display devices that are:

  1. Part of a motor vehicle or its components, including replacement parts
  2. Integrated into larger equipment intended for industrial, governmental, commercial, research and development, medical, security, monitoring, sensing, or anti-terrorism purposes
  3. Part of household appliances, such as washers, dryers, refrigerators, freezers, microwaves, ovens, dishwashers, air conditioners, dehumidifiers, or air-purifiers
  4. Portable devices used for accessing commercial mobile radio or data services.

Covered Substances Under Rhode Island RoHS

According to Rhode Island RoHS, manufacturers of covered devices must disclose information regarding the following hazardous substances in their products:

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

Manufacturers Responsibilities

To sell or offer covered electronic devices for sale in Rhode Island State, manufacturers must do the following:

  1. Label their products with the manufacturer’s brand. The label must be clearly visible and permanently affixed.
  2. Register with the Department by October 15 each year and pay a $5,000 fee. Notably, manufacturers who have a return or market share but have not sold in the state for three years must still register but do not have to pay the fee.
  3. Renew their registration annually by October 15.

What Information Should the Registration Contain?

The registration must include:

  1. A list of all the brands sold, imported, or being offered for sale in the state by the manufacturer
  2. A statement regarding the recycling plan. The plan must detail the financing, management, and operation of a statewide electronic product recycling program, ensuring environmentally sound practices. It should also include statewide advertising and guaranteeing convenient and adequately staffed collection sites. Alternatively, manufacturers can use the state program for covered electronic device recycling.
  3. A statement disclosing whether any covered electronic devices sold in the state exceed the maximum concentration values outlined in European Directive 2002/95/EC (EU RoHS) for the six hazardous substances covered under Rhode Island RoHS. Manufacturers must also provide information regarding RoHS exemptions in their products (if any).
  4. Any other required information

 

Manufacturer programs, state programs, and participating collectors cannot charge households or schools for collecting, transporting, or recycling covered electronic products. However, collectors offering premium services may charge for the additional costs involved in providing those services.

Retailers Responsibilities

Retailers in Rhode Island must ensure that any covered electronic product they sell has a visible and permanently affixed brand label. Additionally, retailers must review the Department’s website to ensure the product is among the registered brands and that the manufacturer complies with the Act requirements at the time of purchase.

Surprisingly, retailers are not responsible for selling a product with expired or revoked registration if they received the product before and if the sale occurred within three months of that expiration or revocation. Furthermore, Retailers must provide consumers with information regarding covered electronic product recycling in Rhode Island. This information must also be available in printable form for Internet and similar sales.

Responsibilities of Collectors and Recyclers

Individuals or entities wishing to collect covered electronic devices must register with the Department, provide business details, and certify compliance with related requirements annually. Similarly, recyclers handling these devices must also register with the Department, detailing facility information and ensuring ongoing compliance with the Act.

Penalties of Non-Compliance

Manufacturers who fail to meet all obligations, including financial ones, outlined in this law cannot sell their products in this state. Additionally, retailers cannot market covered electronic devices in Rohd Island State if the manufacturer is not fully compliant. Moreover, violations of any provisions of this Act may result in civil penalties of up to $1,000 for a first offense and up to $5,000 for subsequent violations.

Comparison or Rhode Island RoHS with Other US States

USA RoHS regulations apply not only to Rhode Island. As a matter of comparison, we are displaying other RoHS state acts: 

 

California RoHS: California was the first U.S. state to adopt a RoHS-like law in 2007. Its regulations are closely modeled after the EU RoHS directive. California’s RoHS focuses on similar hazardous substances but is known for stricter enforcement and higher penalties for non-compliance.

New Jersey RoHS: New Jersey’s Electronic Waste Management Act, while not directly a RoHS law, incorporates RoHS-like provisions by restricting the sale of non-compliant electronic devices. It ensures that manufacturers follow the EU RoHS standards.

Minnesota RoHS: Minnesota’s Electronics Recycling Act includes provisions that require manufacturers to comply with RoHS-like standards. While the state does not have a specific RoHS law, it indirectly enforces these standards through its recycling requirements.

New York: RoHS: New York has implemented the Electronic Equipment Recycling and Reuse Act, which includes RoHS-like requirements for manufacturers. This ensures that products sold in New York comply with hazardous substance restrictions similar to those in the EU RoHS.

Rhode Island RoHS in a Nutshell

Rhode Island’s Restriction of Hazardous Substances (RoHS) regulation is part of a broader trend in the United States where individual states implement their own RoHS-like laws to control hazardous substances in electronic equipment. The Rhode Island RoHS aims to align with the European Union’s RoHS directive, restricting the use of specific hazardous materials in electrical and electronic equipment. Finally, restricted substances include lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), and polybrominated diphenyl ethers (PBDE).

To learn more about Rhode Island RoHS, contact Enviropass!