When will the California RoHS regulations become effective?
California’s regulations will take effect on January 1 2007
Product Scope
California’s RoHS law applies only to a “covered electronic device,” defined as "a video display device containing a screen greater than four inches, measured diagonally... identified in the regulations adopted by [DTSC] pursuant to subdivision (b) of Section 25214.10.1 of the Health and Safety Code." The list of covered devices is as follows:
Cathode ray tube containing devices (CRT devices)
Cathode ray tubes (CRTs)
Computer monitors containing cathode ray tubes
Laptop computers with liquid crystal display (LCD)
The Electronic Waste Recycling Act restricts the use of Lead (0.1% Maximum Concentration Value), Mercury (0.1% MCV), Cadmium (0.01%MCV), and Hexavalent chromium (0.1% MCV) in the products listed above. The MCVs apply to each “homogeneous material” used in a device rather than to the
entire device or component of a device as per the EU RoHS Directive.
Electronic devices that do not fall into any of the above listed categories (or any new categories that may be added to the regulations in the future) are not subject to the RoHS law; their sale will not be prohibited, even if they contain lead or other heavy metals.
Exemptions
The EU included a number of exemptions from the MCVs in the annex to the original January 27, 2003, directive (2002/95/EC). The directive has been amended since then to add additional exemptions and the EU may adopt more exemptions in the future. On October 21, 2005, another EU decision added new exemptions for several applications of lead and revised two of the original exemptions for lead and cadmium.
Subdivision (e) of section 25214.10 of the Health and Safety Code precludes DTSC from prohibiting the sale of electronic devices that are not prohibited from sale under the EU directive. Therefore, DTSC’s RoHS regulations will recognize any exemptions adopted by the EU for the use of lead, mercury, cadmium, or hexavalent chromium that apply to covered electronic devices.
Manufacturer's Requirements
California's Code of Regulations requires manufacturers of covered electronic devices to submit an annual report to California's Integrated Waste Management Board (CIWMB) that includes information on the use of substances restricted by the RoHS law. Reports are due by July 1 and cover products sold during previous calendar year. Manufacturers are required to provide the “estimated average amount in milligrams for mercury, cadmium, lead, hexavalent chromium, including their alloys and compounds, and PBBs used in covered electronic devices, and all their component parts by product category.” Refer to CIWMB’s Electronic Product Management Web page for more information on manufacturer reporting requirements, including the text of the regulations.
In Summary
California’s RoHS will be consistent with EU Directive 2002/95/EC, but narrower in scope.
An electronic product that is can be legally sold in the EU (i.e., one that complies with the requirements of EU directive 2002/95/EC) will not be banned from sale in California under the state’s RoHS law.
Electronic devices that are restricted from sale in the EU under directive 2002/95/EC but that are not “covered electronic devices” will not be banned from sale in California, even if they exceed one or more of the MCVs.
Sales of electronic devices – including “covered electronic devices” – that exceed the MCVs for PBBs or PBDEs will not be banned in California under the state’s RoHS law.
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