(415 ILCS 151/1-35) (Text of Section before amendment by P.A. 104-274) (Section scheduled to be repealed on December 31, 2031) Sec. 1-35. Retailer responsibilities. (a) Beginning in program year 2019, no retailer who first sells, through a sales outlet, catalogue, or the Internet, a CED at retail to an individual for residential use may sell or offer for sale any CED in or for delivery into this State unless: (1) the CED is labeled with a brand, and the label is |
| permanently affixed and readily visible; and
|
|
(2) the manufacturer is registered with the Agency at
|
| the time the retailer purchases the CED.
|
|
(b) A retailer shall be considered to have complied with paragraphs (1) and (2) of subsection (a) if:
(1) a manufacturer registers with the Agency within
|
| 30 days of a retailer taking possession of the manufacturer's CED;
|
|
(2) a manufacturer's registration expires and the
|
| retailer ordered the CED prior to the expiration, in which case the retailer may sell the CED, but only if the sale takes place within 180 days of the expiration; or
|
|
(3) a manufacturer is no longer conducting business
|
| and has no successor in interest, in which case the retailer may sell any orphan CED ordered prior to the discontinuation of business.
|
|
(c) Retailers shall not be considered collectors under the convenience standard and retail collection sites shall not be considered a collection site for the purposes of the convenience standard pursuant to Sections 1-10, 1-15, and 1-25 unless otherwise agreed to in writing by the (i) retailer, (ii) operators of the manufacturer e-waste program, and (iii) the applicable county, municipal joint action agency, or municipality. If retailers agree to participate in a county program collection site, then the retailer collection site does not have to collect all CEDs or register as a collector.
(d) Manufacturers may use retail collection sites for satisfying some or all of their obligations pursuant to Sections 1-10, 1-15 and 1-25.
(e) Nothing in this Act shall prohibit a retailer from collecting a fee for each CED collected.
(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)
(Text of Section after amendment by P.A. 104-274)
(Section scheduled to be repealed on December 31, 2031)
Sec. 1-35. Retailer responsibilities.
(a) Beginning in program year 2019, no retailer who first sells, through a sales outlet, catalogue, or the Internet, a CED at retail to an individual for residential use may sell or offer for sale any CED in or for delivery into this State unless:
(1) the CED is labeled with a brand, and the label is
|
| permanently affixed and readily visible; and
|
|
(2) the manufacturer is registered with the Agency at
|
| the time the retailer purchases the CED.
|
|
(b) A retailer shall be considered to have complied with paragraphs (1) and (2) of subsection (a) if:
(1) a manufacturer registers with the Agency within
|
| 30 days of a retailer taking possession of the manufacturer's CED;
|
|
(2) a manufacturer's registration expires and the
|
| retailer ordered the CED prior to the expiration, in which case the retailer may sell the CED, but only if the sale takes place within 180 days of the expiration; or
|
|
(3) a manufacturer is no longer conducting business
|
| and has no successor in interest, in which case the retailer may sell any orphan CED ordered prior to the discontinuation of business.
|
|
(c) Retailers shall not be considered collectors under the convenience standard and retail collection sites shall not be considered a collection site for the purposes of the convenience standard pursuant to Sections 1-10, 1-15, and 1-25 unless otherwise agreed to in writing by the (i) retailer, (ii) operators of the manufacturer e-waste program, and (iii) the applicable county, municipal joint action agency, or municipality if the county, municipal joint action agency, or municipality elects to participate in the manufacturer e-waste program. If retailers agree to participate in a county program collection site, then the retailer collection site does not have to collect all CEDs or register as a collector.
(d) Manufacturers may use retail or private network collection sites for satisfying some or all of their obligations pursuant to Sections 1-10, 1-15 and 1-25.
(e) Nothing in this Act shall prohibit a retailer or private network collection site from collecting a fee for each CED collected.
(Source: P.A. 104-274, eff. 1-1-26.)
|
Translate