Information for Electronics Manufacturers, Consolidators, and Retailers

The following is intended to help retailers, manufacturers, and consolidators comply with Maine’s E-Waste Law. General information on electronics recycling and complete references to the law can be found on the E-Waste web page.

Retailer Responsibilities and Resources

A retailer may not sell covered electronic devices in or into Maine unless the manufacturer is in compliance with Maine’s Electronic Waste (E-waste) law (38 M.R.S. §1610) and the product brand is registered with the Maine Department of Environmental Protection (DEP). Covered electronic devices include televisions, portable DVD players, game consoles, computer monitors, laptops, tablets, e-readers, 3D printers, desktop and portable printers, digital picture frames, and other visual display devices with screens of at least 4 inches measured diagonally and one or more circuit boards.

A retailer may not sell a covered electronic device in Maine unless it has a visible, permanent label clearly identifying the manufacturer.

Prior to purchasing any covered electronic devices, retailers should make sure the product may be legally sold in Maine by checking that the product:

  1. meets the labeling requirement, and
  2. is present on a list of Registered Brands in Compliance in Maine.

Some brands may not be registered because a manufacturer is unaware of its responsibility. Please inform such manufacturers that they need to register with DEP for their products to be sold in Maine. Some manufacturers are aware they are in violation and have failed to comply. DEP prioritizes enforcement of the sales ban on such companies and lists them on a Do Not Sell list.

To obtain the Do Not Sell and Compliance lists, and to receive emails alerting you to changes in the lists, please email andrew.pomiak@maine.gov.

Manufacturer Responsibilities and Resources

Maine’s E-Waste Law sets up an Extended Producer Responsibility system to facilitate the recycling of Covered Electronic Devices from Covered Entities. The definition of Covered Electronic Devices (CED) includes televisions, portable DVD players, game consoles, computer monitors, laptops, tablets, e-readers, 3D printers, desktop and portable printers, digital picture frames, and other visual display devices with screens of at least 4 inches measured diagonally and one or more circuit boards. Covered Entities are households, NGOs with 100 or fewer employees, k-12 schools, and businesses with 100 or fewer employees, so products designed for use by businesses are included in the law.

Maine law requires three things of CED manufacturers (defined as the brand owner or, if the brand owner has no U.S. presence, the first U.S. importer of the device):

  1. affix a permanent label to each device identifying the manufacturer;
  2. register annually and pay an annual registration fee; and
  3. pay for recycling costs associated with their products.

Registrations: Manufacturers must register with Maine DEP before offering a CED for sale in or into Maine; if companies are selling online or into the U.S., a CED could be sold or resold into Maine. Companies must re-register by April 1 each year thereafter. Annual registration includes the reporting of total national sales data: all sales of covered products, regardless of where in the US they were sold or who bought them. Registration fees are either $3000, $750, or $0 depending on a manufacturer's market share. Register by filling out our registration form (PDF) and returning it to Maine DEP. Manufacturers can also fill out the optional credit form, which could result in lower recycling costs (see recycling costs discussion below). We also accept registrations via the ERCC portal (off-site), which streamlines registration in multiple states.

Recycling: The Maine program uses state approved consolidators (PDF) to collect, sort, and, often, recycle electronics, so manufacturers are not required to make these arrangements.

Recycling costs: Recycling is billed according to a manufacturer's current market share of a particular product type. All manufacturers with more than 0.1% national market share for a product type are given a recycling share (PDF) based on their market share. The approved consolidators bill manufacturers according to each manufacturer's assigned recycling share at a rate approved by the Department which accounts for geographic differences in collection sites served. Manufacturers can lower their recycling shares by selling EPEAT certified electronics or running their own takeback programs.

Consolidator Responsibilities and Resources

Each year the Department of Environmental Protection approves up to 10 consolidators to manage end-of-life electronic devices throughout the state. These entities consolidate qualifying material at their warehouses, sort and weigh material as is necessary to facilitate proper billing of manufacturers, bill manufacturers for material processed, and send material to pre-approved downstream recycling outlets.

Responsibilities

  • Annually apply to Maine DEP for approval to participate in the e-waste recycling program. Maine DEP accepts applications (PDF) until October 1 of each year for the next calendar year. Approval is based on technical ability, financial capacity, and competitive costs.
  • Consolidate program eligible material from collection sites throughout Maine.
    • The definition of Covered Electronic Devices includes televisions, portable DVD players, game consoles, computer monitors, laptops, tablets, e-readers, 3D printers, desktop and portable printers, digital picture frames, and other visual display devices with screens of at least 4 inches measured diagonally and one or more circuit boards.
    • Only covered electronic devices collected from covered entities can be billed to manufacturers. Covered entities are households, elementary and secondary schools, businesses with 100 or fewer employees, and 501(c)3 nonprofits with 100 or fewer employees in the State of Maine.
  • Manage the e-waste in accordance with Maine DEP's Chapter 415 regulations, Reasonable Costs for the Handling and Recycling of Electronic Waste.
  • Invoice manufacturers for reasonable operational costs associated with the handling, transportation, and recycling e-waste for which each manufacturer is responsible. Detailed descriptions of billable costs are available in Chapter 415 regulations, Reasonable Costs for the Handling and Recycling of Electronic Waste.
  • Ship covered electronic devices to dismantlers and recyclers that provide the consolidator with a sworn certification that its handling, processing, refurbishment, and recycling meet Maine's Guidelines for the Environmentally Sound Management of E-Waste. Maintain a copy of the sworn certification from each recycler for a minimum of 3 years.
  • Provide the Maine DEP with an accounting of covered electronic devices recycled by device type and weight twice a year using the Consolidator semi-annual report form (xlsx).

Dismantling/Recycling Facility Responsibilities

Dismantlers and recycling facilities must manage household e-waste received under this program in accordance with Maine's Guidelines for the Environmentally Sound Management of E-Waste published by the Maine DEP. They must also provide consolidators with a sworn certification that their handling, processing, refurbishment, and recycling processes meet these guidelines.

Contact

All submittals required by this law should be submitted to:

Maine Department of Environmental Protection
E-waste EPR Program
17 State House Station
Augusta, Maine 04333-0017

Staff contact:

Andrew Pomiak
Phone: 207-287-8556, Fax: 207-287-7826
E-mail: andrew.pomiak@maine.gov