Sec. 1. 38 MRSA §2143 is enacted to read:

§2143.__Cellular telephone recycling

For the purposes of this section, a cellular telephone is a mobile wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service as defined in 47 Code of Federal Regulations, Section 22.99 (2005).__A cellular telephone does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle.

1.__System established.__Effective August 1, 2006, a person or retail establishment selling or offering for retail sale cellular telephones shall have a system for the acceptance and collection of used cellular telephones for reuse, recycling or proper disposal that includes at a minimum all of the following:

A.__The return from a consumer of a used cellular telephone that the retailer previously sold to the consumer, at no cost to that consumer.__The retailer may require proof of purchase;

B.__The acceptance of a used cellular telephone from a consumer who is purchasing a new cellular telephone from that retailer, at no cost to that consumer;

C.__Mechanisms to ensure safe disposal of any hazardous parts of cellular telephones not resold or reused; and

D.__The posting of an 8.5" by 11" written notice provided by the department pursuant to subsection 2 that includes the display of the universal recycling symbol and the notice:__ "State law requires us to accept used cellular telephones for recycling in exchange for new cellular telephones purchased."

2.__Inspection and enforcement.__The department shall produce, print and distribute the notices required under subsection 1, paragraph D.__The department shall enforce the provisions of this section and may inspect premises where cellular telephones are sold.

SUMMARY

This bill requires a retail establishment that sells cellular telephones to accept used cellular telephones for reuse, recycling or proper disposal of hazardous parts of the telephone.