5.__Penalty.__A producer who fails to implement a program within the time provided for under subsection 1 is prohibited from selling electronic equipment in the State.

1319-DD.__Ban on incineration and landfilling of electronic waste

Electronic waste may not be disposed of in landfills, incinerators, cement kilns or other methods of energy recovery or energy generation dependent on combustion of waste.__This ban applies to whole units of electronic waste and to the constituent subunits and materials from which the units are made.

1319-EE.__Restrictions on hazardous materials

By 2006, producers selling electronic equipment in the State must phase out the use of lead, mercury, cadmium, hexavalent chromium, brominated flame retardants and polyvinyl chloride and may offer for sale only products that contain less harmful alternatives.__If a producer provides sufficient demonstration to the department that it is technically impossible to find an alternative, the department may issue a limited-term exemption.__An exemption may be rescinded once it becomes possible to eliminate the substance.__If the exemption is granted, the department must assign a limited amount of time before the exemption expires to ensure that producers are investing in research and development to identify an appropriate alternative.

1319-FF.__Labeling; consumer notification; public education

1.__Labeling.__Within 12 months of the effective date of this section, electronic equipment sold in the State must be clearly marked and labeled, or informational materials must be provided with the new product, providing consumers and end users with information relating to the following:

A.__The hazardous materials contained in the electronic equipment and the parts or subunits containing the particular substances;

B.__The requirement not to dispose of electronic equipment in landfills, incinerators or any other means not approved as part of the plan; and