(a) (1) A manufacturer shall establish and maintain a program for out-of-service mercury-added thermostats in compliance with this article.
(2) A manufacturer may establish a collection and recycling program for out-of-service mercury-added thermostats individually or collectively with other manufacturers.
(3) A manufacturer, or a group of manufacturers operating a program collectively, may contract with a retailer for in-store or out-of-store collection of out-of-service mercury-added thermostats.
(b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this article.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing a manufacturer is posted on the department’s Internet Web site and shall remain in effect until the manufacturer is no longer listed on the department’s Internet Web site.
(c) On July 1, 2009, and on January 1 and July 1 annually thereafter, the department shall post a notice on its Internet Web site listing manufacturers that are not in compliance with this article.
(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s Internet Web site to determine if the sale of a manufacturer’s thermostats is in compliance with this section.
(Added by Stats. 2008, Ch. 572, Sec. 2. Effective January 1, 2009.)
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