. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/235 
19 January 2007 
 (07-0282) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   State of California, DTSC (242) 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:    
State of California 
Department of Toxic Substances Control  P.O. Box 806 
Sacramento, CA 95812-0806 
URL: http://www.dtsc.ca.gov/ 
3. Notified under Article 2.9.2 [    ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   3.2 
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Hazardous wastes in 
electronic products (HS:  8471, 8540;  ICS:  13, 31). 
5. Title, number of pages and langu age(s) of the notified document:   Addition of Portable 
DVD Players to Appendix X (2 pages, in English). 
6. Description of content:   On 29 December 2006 the California Office of Administrative 
Law (OAL) approved California regulations implementing RoHS, and adding DVD players 
to the list of electronic devices that are presu med to be hazardous wastes when discarded.  
 
As mandated by the Electronic Waste Recycli ng Act of 2003, as amended, and pursuant to 
section 25214.10 of the Health and Safety Code, one of these regulations adds section 
66260.202 to title 22 of the California Code of Regulations, and became effective 1 January  
2007.  This new section restricts the use of certain heavy metals in "covered electronic 
devices" (as defined in Public Resources Code, section 42463 (f)). 
 Pursuant to this new regulation, "no person shall sell or offer for sale in California, a 
covered electronic device if the device is prohi bited from being sold or offered for sale in 
the European Union on or after its date of ma nufacture due to the concentration of one or 
more heavy metals in the device exceeding its  maximum concentration value".  This sales 
prohibition, also known as the California RoHS re gulation, applies to all "covered electronic 
devices" manufactured on or after 1 January 2007.    G/TBT/N/USA/235 
Page 2  
 
  The other regulation became effective on 31 December 2006, and adds portable DVD 
players with liquid crystal display (LCD) screens greater than four inches measured diagonally to the list of electronic devices that are presumed to be hazardous wastes when discarded (California Code of Regulations, title 22, chapter 11, appendix X, subsection (c)). 
 
As a result of this listing, portable DVD players with liquid crystal display (LCD) screens 
greater than four inches measured diagonally are "covered electronic devices", as defined in 
Public Resources Code, section 424 63 (f), and are subject to all provisions of the Electronic 
Waste Recycling Act of 2003, as amended.  Begi nning on 1 July 2007, any retailer that sells 
or offers for sale in California, portable DV D players with liquid crystal display (LCD) 
screens greater than four inches measured diagona lly, is required to collect a recycling fee 
pursuant to Public Resources Act, sections 42464 et seq.   
As a result of this listing, portable DVD players with liquid crystal display (LCD) screens 
greater than four inches measured diagonally a nd that are manufactured on or after 1 July 
2007 will also become subject to the Califor nia RoHS regulation specified in section 
66260.202 in title 22 of the Calif ornia Code of Regulations. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human life and health 
8. Relevant documents:   California Code of Regulations (CCR), Title 22, Division 4.5, 
Environmental Health Standards for the Management of Hazardous Waste: 
 
http://weblinks.westlaw.com/toc/default. aspx?Abbr=ca%2Dadc&Action=ExpandTree&AP
=CAT22D4%2E5&ItemKey=CAT22D4%2E5&RP =%2Ftoc%2Fdefault%2Ewl&Service=T
OC&RS=WEBL7.01&VR=2.0&SPa =CCR-1000&fragment#CAT22D4.5 
 
http://www.dtsc.ca.gov/HazardousWaste/EWaste/index.cfm  http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/Heavy_Metals_Emergency.cfm 
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:   - 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
Internet URLs:   
 
http://www.dtsc.ca.gov/LawsRegsPolic ies/Regs/DVD_Emergency.cfm 
 http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/OEAR_ER_DVD_FOE2.pdf