(3)__An evaluation of the effectiveness of the manufacturer's collection and recycling program and the financial incentive provided pursuant to paragraphs E and F; and

(4)__An accounting of the administrative costs incurred in the course of administering the collection and recycling program and the financial incentive plan developed pursuant to subsection 4.

3.__Sales prohibition.__Within 3 months after phase 2 of the plan required by subsection 4 has been developed, the following sales prohibitions apply to manufacturers, wholesalers and retailers of thermostats:

A.__A manufacturer not in compliance with this section is prohibited from offering any thermostat for sale in the State.__A manufacturer not in compliance with this section shall provide the necessary support to retailers to ensure the manufacturer's thermostats are not offered for sale in this State; and

B.__A wholesaler or retailer may not offer for sale in this State any thermostat of a manufacturer that is not in compliance with this section.

4.__Financial incentive plan.__The department shall develop a manufacturer financial incentive plan in 2 phases.__By January 1, 2007, the department shall develop phase one of the plan, which must address collection of mercury-added thermostats from contractors and service technicians.__By August 1, 2007, the department shall develop phase 2 of the plan, which must address collection of mercury-added thermostats from homeowners.__The plan must be developed in consultation with a stakeholder group that includes representatives from the thermostat industry, environmental groups, thermostat wholesalers and service contractors.__The plan must be developed in a manner that ensures to the maximum extent practical that:

A.__The capture rate of out-of-service mercury-added thermostats is maximized;

B.__Adequate incentives and education are provided to contractors, service technicians and homeowners to encourage