(a)
On and after July 1, 2006, every retailer of cell phones sold in this state shall have in place a system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal.
(b)
A system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal shall, at a minimum, include all of the following elements:
(1)
The take-back from the consumer of a used cell phone that the retailer sold or previously sold to the consumer, at no cost to that consumer. The retailer may require proof of purchase.
(2)
The take-back of a used cell phone from a consumer who is purchasing a new cell phone from that retailer, at no cost to that consumer.
(3)
If the retailer delivers a cell phone directly to a consumer in this state, the system provides the consumer, at the time of delivery, with a mechanism for the return of used cell phones for reuse, recycling, or proper disposal, at no cost to the consumer.
(4)
Make information available to consumers about cell phone recycling opportunities provided by the retailer and encourage consumers to utilize those opportunities. This information may include, but is not limited to, one or more of the following:
(A)
Signage that is prominently displayed and easily visible to the consumer.
(B)
Written materials provided to the consumer at the time of purchase or delivery, or both.
(C)
Reference to the cell phone recycling opportunity in retailer advertising or other promotional materials, or both.
(D)
Direct communications with the consumer at the time of purchase.
(c)
Paragraph (4) of subdivision (b) does not apply to a retailer that only sells prepaid cell phones and does not provide the ability for a consumer to sign a contract for cell phone service.