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December 2005

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Subject:
From:
Denis Ryskamp <[log in to unmask]>
Reply To:
(Leadfree Electronics Assembly Forum)
Date:
Wed, 21 Dec 2005 07:44:42 -0500
Content-Type:
text/plain
Parts/Attachments:
text/plain (157 lines)
Mike

Thank you for your thoughts. The reason for my concern is the following out
of the SB423:
Section 42463 of the Public Resources Code defines what is or is not
covered. 25214.10 section b has reference to EU directive 2002/95/EC. This
states an electronic device if banned by the EU directive with no reference
that only those defined in 42463 and meet the EU directive are not to be
sold.

 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1.  Section 25214.10 of the  Health and Safety Code  is
amended to read:
   25214.10.  (a) For purposes of this section, "electronic device"
has the same meaning as a "covered electronic device," as defined in
Section 42463 of the Public Resources Code. (b) The department shall
adopt regulations, in accordance with this section, that prohibit an
electronic device from being sold or offered for sale in this state
if the electronic device is prohibited from being sold or offered for
sale in the European Union on and after its date of manufacture, to
the extent that Directive 2002/95/EC, adopted by the European
Parliament and the Council of the European Union on January 27, 2003,
and as amended thereafter by the Commission of European Communities,
prohibits that sale  due to the presence of certain heavy
metals  .
   (c) The regulations adopted pursuant to subdivision (b) shall take
effect January 1, 2007, or on or after the date Directive
2002/95/EC, adopted by the European Parliament and the Council of the
European Union on January 27, 2003, takes effect, whichever date is
later.

Denis

-----Original Message-----
From: Leadfree [mailto:[log in to unmask]]On Behalf Of Michael Kirschner
Sent: Thursday, December 15, 2005 11:28 PM
To: [log in to unmask]
Subject: Re: [LF] Owned Non-RoHS IT equipment movement from one
non-legislation sta te location to another location in a state with
legislation.


There's no law in Texas; there's only legislation. Look up SB 564 and HB
1359.

In response to the question:
>Specific example.  Could for instance a department stores take a non-RoHS
IT
>unit that they have in, say, Arizona and move it to a CA store location?
>

After Jan 1, 2007 they couldn't sell it in CA (by the way, "IT unit" is not
a recognized name for a "covered electronic device". What is covered is
mostly CRTs, LCD displays, notebook computers, TeeVees, plasma displays,
etc. The entire scope of EU RoHS is NOT covered).

If it's a matter of transferring internal capital equipment from one store
to another (I can't tell from your post), then you may want to contact a
lawyer or the state for clarification...my read is that it's focused on the
sale of equipment; not the internal transfer.

Mike

On Thu, 15 Dec 2005 12:37:47 -0500, Liston, Leah <[log in to unmask]>
wrote:

>Where did you find information on
>Texas' RoHS law - I thought it was
>only a California thing.
>
>-Leah
>
>-----Original Message-----
>From: Leadfree [mailto:[log in to unmask]]On Behalf Of Denis Ryskamp
>Sent: Wednesday, December 14, 2005 7:40 AM
>To: [log in to unmask]
>Subject: [LF] Owned Non-RoHS IT equipment movement from one
>non-legislation sta te location to another location in a state with
>legislation.
>
>
>I have been reviewing the details of the first couple of States RoHS laws
>(CA, TX).    The question has come up on our major accounts of whether one
>can redeploy used non-RoHS equipment from a store outside of one of the
>states to inside after their RoHS laws take effect.
>
>Specific example.  Could for instance a department stores take a non-RoHS
IT
>unit that they have in, say, Arizona and move it to a CA store location?
>
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