An Act To Promote Recycling of Cellular Telephones
Maine Legislature, Session 123, LD 1717
Committee: Natural Resources
Sponsors: BABBIDGE, SULLIVAN, BEAUDETIE, BLISS, BRAUTIGAM, CANAVAN, CONNOR, EBERLE, HINCK, WAGNER

Legislative Document 
No. 1717 
H.P.1200 
House of Representatives, March 23, 2007 
An Act To Promote Recycling of Cellular Telephones 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative BABBIDGE of Kennebunk. 
Cosponsored by Senator SULLIVAN of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDETIE of Biddeford, BLISS of South Portland, BRAUTIGAM of 
Falmouth, CANAVAN of Waterville, CONNOR of Kennebunk, EBERLE of South Portland, 
HINCK of Portland, WAGNER of Lewiston. 
Printed on recydecJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §2143 is enacted to read: 
§2143. Cellular telephone recycling 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Cellular telephone" means a mobile wireless telephone device that is designed to 
send or receive transmissions through a cellular radiotelephone service as defined in 
Code of Federal Regulations, Section 22.99 (2005). "Cellular telephone" does not 
include a wireless telephone device that is integrated into the electrical architecture of 
0 
a motor vehicle. 
B. "Retailer" means a person, finn or corporation that sells a cellular telephone to a 
consumer, including a manufacturer of a cellular telephone that sells directly to the 
consumer. 
C. "Sell" or "sale" means, but is not limited to, transactions, including both lease and 
transfer of ownership, conducted through sales outlets, catalogues, mail order, 
telephone or the Internet or any other similar electronic means, but does not include a 
wholesale transaction with a distributor or retailer. 
2. System established. Effective October 1, 2007, 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. The return from a consumer of a used cellular telephone that the retailer delivered 
directly to the consumer, at no cost to that consumer; 
D. Mechanisms to ensure safe disposal of any hazardous parts of cellular telephones 
not resold or reused; and 
E. When a commercial environment exists where physical space is provided for 
transactions between retailers and consumers, the posting of an 8 1/2 inch by 11 inch 
written notice provided by the department pursuant to subsection 3 that includes the 
display of the universal recycling symbol and the notice: "State law requires us to 
accept, if offered by the consumer, used cellular telephones for recycling in exchange 
for new cellular telephones purchased." 
A retailer shall provide to the consumer written notification of the recycling and disposal 
provisions provided by or through the retailer. 
A retailer must inform the department of any change in the retailer's system within 30 
days after the change is made. 
3. Inspection and enforcement. The department shall produce, print and distribute 
the notices required under subsection 1, paragraph E. The department shall enforce the 
provisions of this section and may inspect premises where cellular telephones are sold. 
After October 1, 2007 it is unlawful to sell a cellular telephone to a consumer in this State 
unless the retailer of that cellular telephone complies with this section. 
Sec. 2. Report. By January 2, 2008, a retailer of cellular telephones shall report to 
the Department of Environmental Protection on the reuse, recycling and disposal system 
the retailer has implemented pursuant to the Maine Revised Statutes, Title 38, section 
2143. 
The report must include the mechanism for the safe disposal of parts and 
hazardous elements and the name and address of partner organizations. 
SUMMARY 
This bill requires a retail establishment that sells cellular telephones to accept used 
cellular telephones for reuse, recycling or proper disposal. The bill also requires retail 
establishments to report by January 1, 2008 to the Department of Environmental 
Protection with the reuse, recycling and disposal system they have implemented.