Retailer's Obligations under the Electronics Scrap Management Rule - FAQ - PUB2937

Under the Electronics Scrap Management Rule, retailers must not sell or offer to sell new covered equipment in Missouri unless the computer equipment manufacturer labeled their covered equipment with the manufacturer's brand(s) and is included on the Missouri Department of Natural Resources' Registered Computer Equipment Manufacturers List as having a department approved recovery plan. The approved recovery plans and manufacturers brand(s), both in use and no longer in use, are available on the list.

Many questions have been raised about the various obligations of a retailer under the Electronics Scrap Management Rule. We have tried to cover each question below. If you do not see your question, or would like clarification on an answer listed, please contact the Waste Management Program by email at wmp@dnr.mo.gov.

Who is considered a retailer under the Electronics Scrap Management Rule?

The Electronics Scrap Management Rule defines a retailer as a person who owns or operates a business that sells new computer equipment, including sales through a sales outlet, the internet or a catalog, whether or not the seller has a physical presence in Missouri.

As a retailer, what are my obligations under the Electronics Scrap Management Rule?

• You must not sell or offer to sell any new generic or non-branded covered equipment. The covered equipment must be labeled with the manufacturer's brand(s).
• You may only sell or offer to sell new covered equipment from a computer equipment manufacturer included on the Missouri Department of Natural Resources' Registered Computer Equipment Manufacturers List as having a department approved recovery plan.

What equipment is covered under the Electronics Scrap Management Rule?

The Electronics Scrap Management Rule only applies to covered equipment used by a household or home business. Covered equipment includes notebook or laptop computers, desktop computers, computer monitors or other display devices that do not contain a tuner, and the accompanying keyboard and mouse associated with the computer of the same manufacturing brand. If a computer is sold as a package, meaning a computer, keyboard and mouse are sold together, then all three items are covered equipment. If the keyboard or mouse are sold as stand alone items without a computer, then the keyboard or mouse are not covered equipment.

Do I have to collect the covered equipment for recycling?

No, you are not are not required to collect covered equipment for recycling or reuse unless you are also considered a manufacturer under the Electronics Scrap Management Rule.  

Are there any penalties associated with not complying with the Electronics Scrap Management Rule?

A penalty of up to $25,000 for each violation of the Electronics Scrap Management Rule can be assessed against you. For more information, please see the Missouri Revised Statutes, Section 260.1074, RSMo.

Where can I find more information about the Electronic Scrap Management Rule?

A complete copy of the Electronics Scrap Management rule is located in the Code of State Regulations at 10 CSR 25-19.010.