a) Household Appliances

Certain major household appliances must comply with applicable DOE energy standards. These appliances include: (1) refrigerators and refrigerator freezers; (2) freezers; (3) dishwashers; (4) clothes dryers; (5) water heaters; (6) room air conditioners; (7) un-vented home heating equipment; (8) television sets; (9) kitchen ranges and ovens; (10) clothes washers; (11) central air conditioners and heat pumps; (12) furnaces; (13) vented home heating equipment; (14) pool heaters; (15) fluorescent lamp ballasts; (16) general service fluorescent lamps and incandescent lamps; (17) faucets; (18) showerheads; (19) water closets; (20) urinals; (21) ceiling fans; (22) ceiling fan light kits; (23) medium base compact fluorescent lamps; (24) dehumidifiers; (25) battery chargers; and (26) external power supplies.

Additionally, the following appliances are required to be labelled to indicate expected energy consumption or efficiency: (1) refrigerators and refrigerator freezers; (2) freezers; (3) dishwashers; (4) water heaters; (5) room air conditioners; (6) clothes washers; (7) furnaces; (8) central air conditioners; (9) heat pumps; (10) fluorescent lamp ballasts; (11) fluorescent lamps; (12) incandescent lamps; (13) showerheads; (14) faucets; (15) water closets; (16) urinals; (17) pool heaters; and (18) ceiling fans.

Energy information on these consumer products must be disclosed so that consumers may compare the energy use or efficiency of competing models. For home appliances, the information must be disclosed in the form of an "EnergyGuide"label affixed to each unit and must appear in catalogues and on Internet sites from which covered products can be ordered. Labels must also include a so-called "range of comparability"that shows the highest and lowest energy consumption or efficiencies for all similar appliance models. Labels for most appliances must provide the product's estimated annual operating cost and manufacturers are required to calculate this cost using national average cost figures for energy published by the DOE. In addition to the required EnergyGuide labels, manufacturers of furnaces, central air conditioners and heat pumps must provide cost information for their products in either fact sheets or an industry directory.

Compliance with DOE minimum energy standards is denoted by an encircled "E"in the case of fluorescent lamp ballasts and certain tube-type fluorescent bulbs. Manufacturers of showerheads, faucets, toilets and urinals must disclose water usage information on the products, packaging and labelling. For their part, producers of certain incandescent bulbs, spot and flood bulbs, and screw-base compact fluorescent bulbs must disclose in the packaging the light output in lumens, energy used in watts, voltage, average life and number of bulbs. They must also explain how consumers can select the most energy efficiency bulbs for their needs.

In August 2007, the FTC revised the design and content of the EnergyGuide label, effective from 29 February 2008. This amendment established estimated yearly operating costs as the primary disclosure on the EnergyGuide label for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters and room air conditioners. The new label design continues to display energy consumption information (e.g., annual electricity use) as a secondary disclosure for most labelled products. Manufacturers are also required to label heating and cooling equipment with energy efficiency information using a new label design. In addition, annual estimated operating costs for certain products have to be disclosed in paper and Internet-based catalogues and catalogue sellers are no longer required to provide range of comparability information.

b) Certain Commercial and Industrial Equipment

The following commercial and industrial equipment needs to comply with applicable DOE energy efficiency standards: (1) electric motors; (2) commercial refrigerators, freezers and refrigerators-freezers; (3) commercial warm air furnaces; (4) commercial packaged boilers; (5) commercial air conditioners and heat pumps; (6) commercial water heaters, hot water supply boilers and un-fired hot water storage tanks; (7) automatic commercial ice makers; (8) commercial clothes washers; (9) distribution transformers; (10) illuminated exit signs; (11) traffic signal modules and pedestrian modules; (12) unit heaters; (13) commercial pre-rinse spray valves; (14) mercury vapour lamp ballasts; and (15) refrigerated bottled or canned beverage vending machines.

Electric motors must be labelled in accordance with DOE requirements. The permanent nameplate of an electric motor for which standards are prescribed must be marked clearly with the following information: (1) the motor's nominal full load efficiency (as of the date of manufacture), derived from the motor's average full load efficiency; and (2) a compliance certification number supplied by the DOE to the manufacturer or private labeller and applicable to that motor. The same information that must appear on an electric motor's permanent nameplate must be prominently displayed (1) on each page of a catalogue that lists the motor and (2) in other materials used to market the motor.

c) Voluntary ENERGY STAR Programme

In 1992, the EPA introduced ENERGY STAR as a voluntary labelling programme designed to identify and promote energy-efficient products to reduce greenhouse gas emissions. Computers and monitors were the first labelled products. The ENERGY STAR label is now on such products as clothes washers, dehumidifiers, dishwashers, refrigerators and freezers, room air conditioners, commercial fryers, commercial hot food holding cabinets, commercial solid door refrigerators and freezers, commercial steam cookers, commercial dishwashers, computers and other office equipment, lighting, home electronics and more.

In February 2008, the EPA updated the requirements that televisions must meet in order to be able to carry the ENERGY STAR label. The new specification is effective 1 November 2008 and applies to any TV, TV combination unit, TV monitor or component TV unit that is marketed to the consumer as such (i.e., focusing on television as the primary function) and is capable of being powered from either a wall outlet or a battery unit sold with an external power supply. It does not cover monitors with computer capability (e.g., a computer input port, such as VGA) that are marketed and sold as (a) computer monitors or (b) dual function television and computer monitors.

TVs will essentially have to comply with new power consumption requirements based on the unit's native vertical resolution and visible screen area. For example, the "on mode"power consumption limit for a high-definition TV with a screen area of 754 square inches would be 208 watts while the "on mode"limit for a high-definition TV with a screen area of 1,068 square inches would be 318 watts. These requirements will be further revised effective on 1 September 2010. In addition, TVs must not exceed power consumption of one watt in "standby mode."

For additional information, see www.energystar.gov.

B. Emission Requirements for Motor Vehicles

a) Overview

The Clean Air Act prohibits the importation of any motor vehicle or motor vehicle engine not in conformity with emission requirements prescribed by the EPA. This restriction applies whether the motor vehicle or motor vehicle engine is new or used, and whether it was originally produced for sale and use in a foreign country or originally produced (or later modified) to conform to EPA requirements for sale or use in the US. In addition to passenger cars, all trucks, multipurpose vehicles (e.g., all terrain vehicles, campers), motorcycles, etc., that are capable of being registered by a state for use on public roads or that the EPA has deemed capable of being safely driven on public roads are subject to these requirements. The term "vehicle"is used to include all EPA regulated vehicles and engines. For federal regulations concerning vehicle emissions, see www.epa.gov/otaq/imports.

The term "non-road,"also referred to as "off-road"or "off-highway,"covers a diverse group of engines and equipment. The non-road category includes lawn and garden equipment, outdoor power equipment, recreational equipment, farm equipment, construction equipment, marine engines and locomotives.

Prior to importation into the US, regulated non-road engines must be covered by an EPA-issued certificate of conformity. The certificate is issued by the EPA to the engine manufacturer, which declares that the engine family named on the certificate conforms with all applicable emissions standards and other requirements. The certificate also permits the manufacturer to sell, offer for sale, introduce into commerce or import into the US the named engine family. Certificates are issued for only one model year at a time. A label confirming that the engine meets emissions standards must be affixed to the engine and readily visible. Upon request, an importer must provide an EPA form 3520-21 to CBP at the time of entry into the US. For additional information and specific guidelines regarding the importation of non-road engines subject to EPA emissions standards, see the EPA's Web site at www.epa.gov.

b) US version Vehicles

Any person may import US version vehicles. All such 1971 and later models are required to have a label in a readily visible position in the engine compartment stating that the vehicle conforms to US requirements. This label will read "Vehicle Emission Control Information"and will have a statement by the manufacturer that the vehicle meets EPA emissions requirements at the time of manufacture. If this label is not present, the importer should obtain a letter of conformity from the manufacturer's US representative--not from a dealership--prior to importation.

c) Non US version Vehicles

Individuals are not permitted to import non US version vehicles, unless otherwise excluded or exempted. These vehicles must be entered by an independent commercial importer (ICI) having a currently valid qualifying certificate of conformity for each vehicle being imported. The ICI will be responsible for performing all necessary modifications, testing and labelling, as well as providing an emissions warranty identical to the one required of new vehicles sold in the US. A list of approved ICIs is available from the EPA at http://www.epa.gov/OMS/imports/icilist.pdf. Vehicles at least 21 years old are exempt from these provisions and may be imported without modification.

Modifications necessary to bring a non-conforming vehicle into conformity with emissions standards may require extensive engineering and be impractical or impossible, and the labour and materials may be unduly expensive.

C. Pesticides and Toxic and Hazardous Substances

a) Pesticides

An importer desiring to import pesticides or devices must submit a Notice of Arrival of Pesticides and Devices to the EPA prior to the arrival of the shipment in the US. The EPA must complete the notice of arrival, indicating the disposition to be made of the shipment upon its arrival in the US, and return the completed notice of arrival to the importer or his agent.

Pesticides must be appropriately registered with the EPA or they will be refused entry into the US. Devices are not subject to product registration, but the labelling of both pesticides and devices must bear the producer establishment's number registered with the EPA. In addition, pesticides and devices will be refused entry if they are identified as adulterated or misbranded, if they in any other way violate US regulations or if they are otherwise injurious to health or the environment. For more information, see www.epa.gov/pesticides.

b) Toxic Substances

The Toxic Substances Control Act (TSCA) regulates the manufacturing, importation, processing, distribution in commerce, use and disposal of any toxic chemical substances or mixtures. Certain substances are excluded from the definition of "chemical substance"based upon their use. Excluded substances include, but are not limited to, foods, drugs, cosmetics and active ingredients in pesticides. Importations of toxic chemical substances or mixtures will not be released from CBP custody unless (a) proper certification is presented to CBP that the import complies with or is not subject to TSCA requirements or (b) the import has already been identified as a food, drug or active pesticide ingredient and meets any requirements applicable to those products.

c) Hazardous Substances

The importation into the US of dangerous, caustic or corrosive substances in packages suitable for household use, as well as of hazardous substances, is highly regulated under the Hazardous Substance Act, the Caustic Poison Act, the FFDCA and the Consumer Product Safety Act. Additionally, the marking, labelling, packaging and transportation of hazardous materials, substances, wastes and their containers are regulated by the DOT's Office of Hazardous Materials Transportation. Hazardous waste is a special sub category of hazardous substances and is regulated by the Resource Recovery and Conservation Act, which requires a special EPA manifest for imports.

d) Refrigerants

The production, consumption and importation of refrigerants and other ozone-depleting substances are regulated under the Clean Air Act. The EPA regulates the importation of all Class I and Class II ozone-depleting substances. Class I includes chlorofluorocarbons (CFCs), methyl chloroform, carbon tetrachloride, halons, and methyl bromide. Class II includes hydrofluorocarbons (HCFCs).

D. Environmental Conservation Restrictions on Certain Plants and Plant Products

On 22 May 2008, Congress passed a provision that amends the Lacey Act to make it unlawful for any person to import, export, transport, sell, receive, acquire, purchase in interstate or foreign commerce or possess any plant taken (i.e., captured, killed, collected, harvested, cut, logged or removed) in a foreign country that is:

• taken, transported, possessed or sold in violation of any foreign law or regulation that protects plants or regulates the theft of plants, the taking of plants from a park, forest reserve or other officially protected or designated area, or the taking of plants without or contrary to required authorisation;
• taken, possessed, transported or sold without paying required royalties, taxes or stumpage fees; or
• taken, possessed, transported or sold in violation of any legal limitation governing the export or transshipment of plants.

The legislation re-defines "plant"to mean any wild member of the plant kingdom, including roots, seed, parts and products thereof, and including trees from either natural or planted forest stands, but excluding (i) common cultivars, except trees and common food crops (including roots, seed, parts or products thereof), (ii) scientific specimens of plant genetic material to be used only for laboratory or field research and (iii) any plant that is to remain planted or to be planted or replanted. The exceptions described in points (ii) and (iii) above do not apply if the plant is listed in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, listed as an endangered or threatened species under the Endangered Species Act of 1973, or pursuant to any state law that provides for the conservation of indigenous species that are threatened with extinction.

Probably by 18 November 2008, importers will be required to file a declaration upon importation that contains (i) the scientific name of any plant (including the genus and species) contained in the importation, (ii) a description of the value and quantity (including the unit of measure) of the importation and (iii) the name of the country from which the plant was taken. Until such date as the USDA promulgates regulations on plant product declarations, such declarations have to comply with the following requirements.

• If the plant species used to produce the imported plant product varies and that species is unknown, the declaration must contain the name of each plant species that may have been used to produce the plant product.
• If the plant species used to produce the imported plant product is commonly taken from more than one country and the country from which the plant was taken and used to produce the plant product is unknown, the declaration must contain the name of each country from which the plant may have been taken.
• If a paper or paperboard plant product includes recycled plant product, the declaration must contain the average percent recycled content without regard for the species or country of origin of the recycled plant product, in addition to the information for the non-recycled plant content otherwise required.

Declarations need not be filed for plants used exclusively as packaging material to support, protect or carry another item, unless the packaging material itself is the item being imported.

US authorities are expected to use the Lacey Act amendments to crack down on imports of illegal wood products, which may well include enforcement actions against mainland Chinese merchandise. In perhaps a sign of things to come, a federal grand jury in New Jersey indicted a mainland Chinese manufacturer of baby furniture on 15 April 2008 on charges of smuggling furniture made from a protected species of wood, commonly known as ramin. The indictment alleges that the ramin originated in the wild in Indonesia and was imported without a valid export permit or re-export certificate in violation of CITES, which protects certain species of fish, wildlife and plants against overexploitation.

Congress was also expected to approve a related provision in June or July 2008 that would establish an import declaration requirement for softwood lumber and products thereof, effective 60 days from the date of enactment of the legislation. The products covered by the scope of the import declaration programme are softwood lumber and softwood lumber products classified under HTSUS subheadings 4407.10.00, 4409.10.10, 4409.10.20 and 4409.10.90, including the following softwood lumber, flooring and siding.

• coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding six millimetres
• coniferous wood siding and flooring (including unassembled strips and friezes for parquet flooring) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, moulded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed
• other coniferous wood (including unassembled strips and friezes for parquet flooring) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, moulded, rounded or the like) along any of its edges or faces (other than wood mouldings and wood dowel rods) whether or not planed, sanded or finger-jointed
• coniferous drilled and notched lumber and angle cut lumber

Also included are products classified under HTSUS subheading 4409.10.05 that are continually shaped along their ends or side edges, as well as softwood lumber products that are stringers, radius-cut box-spring frame components, fence pickets, truss components, pallet components, and door and window frame parts classified under subheadings 4418.90.4695, 4421.90.7040 or 4421.90.9740.

The following products are specifically excluded or exempted from the import declaration requirement.

• trusses and truss kits classified under HTSUS subheading 4418.90
• I-joist beams
• assembled box-spring frames
• pallets and pallet kits classified under HTSUS subheading 4415.20
• garage doors
• edge-glued wood classified under HTSUS subheading 4421.90.9740
• complete door frames
• complete window frames
• furniture
• articles brought into the U.S. temporarily and for which an exemption from duty is claimed under HTSUS subchapter XIII of chapter 98
• household and personal effects
• stringers (pallet components used for runners) if they have at least two notches on the side, positioned at equal distance from the centre, to properly accommodate forklift blades, classified under HTSUS subheading 4421.90.9740
• box-spring frame kits if (i) the kits contain (a) two wooden side rails, (b) two wooden end (or top) rails and (c) varying numbers of wooden slats; and (ii) the side rails and the end rails are radius-cut at both ends (these kits must be individually packaged and contain the exact number of wooden components needed to make the box-spring frame described on the entry documents, with no further processing required, and none of the components contained in the package may exceed one inch in actual thickness or 83 inches in length)
• radius-cut box-spring frame components, not exceeding one inch in actual thickness or 83 inches in length, ready for assembly without further processing, if radius cuts are present on both ends of the boards and are substantial cuts so as to completely round one corner
• fence pickets requiring no further processing classified under HTSUS subheading 4421.90.70, one inch or less in actual thickness, up to eight inches wide and six feet or less in length, having finials or decorative cuttings that clearly identify them as fence pickets (in the case of dog-eared fence pickets, the corners of the boards must be cut off so as to remove pieces of wood in the shape of isosceles right angle triangles with sides measuring 0.75 inches or more)
• lumber originating in the U.S. that is exported to another country for minor processing and imported into the U.S. if (i) the processing occurring in another country is limited to kiln drying, planing to create smooth-to-size board and sanding and (ii) the importer establishes to the satisfaction of U.S. Customs and Border Protection upon entry that the lumber originated in the U.S.
• any softwood lumber or softwood lumber product that originated in the U.S. if the importer, exporter, foreign processor or original U.S. producer establishes to the satisfaction of CBP upon entry that the softwood lumber entered and documented as originating in the U.S. was first produced in the U.S.
• softwood lumber or softwood lumber products contained in a single family home package or kit, regardless of classification under the HTSUS, if the importer declares that certain specific requirements have been met

Importers of products covered under the softwood lumber import declaration programme will be required to submit the following information to CBP: (i) the export price for each shipment of softwood lumber or softwood lumber products and (ii) the estimated export charge, if any, applicable to each shipment, as calculated by applying the percentage determined and published by the Department of Commerce to the export price.

The importer must declare that he/she has made appropriate inquiry, including seeking appropriate documentation from the exporter and consulting the determinations published by the DOC, and that to the best of the person's knowledge and belief (i) the export price provided is determined in accordance with the regulations, (ii) the export price provided is consistent with the export price provided on the export permit, if any, granted by the country of export; and (iii) the exporter has paid or committed to pay all export charges due (a) in accordance with the volume, export price and export charge rate or rates, if any, as calculated under an international agreement entered into by the country of export and the United States and (b) consistent with the export charge determinations published by the DOC.

The DOC will be required to determine, on a monthly basis, any export charges (expressed as a percentage of export price) to be collected by a country of export from exporters of covered softwood lumber or softwood lumber products in order to ensure compliance with any international agreement entered into by that country and the US. DOC determinations will be published in the Web site of the ITA.

E. State Environmental Regulations

US states have been compelled to address a number of pressing environmental concerns in order to fill the vacuum left by the federal government, which has generally been reticent to regulate the environmental impact associated with consumer products. A number of states have established comprehensive requirements in such areas as the recycling of electrical and electronic equipment, the use of hazardous substances in electrical and electronic devices, the sale of mercury-added products, and the use of certain flame retardants. This guide does not seek to lay out the whole range of environmental regulations enforced by US states but rather summarises some of the more relevant restrictions adopted to date.

a) Electronic Waste and Hazardous Substances in Electronic Devices

A number of US states have enacted legislation to both establish mandatory recycling programmes for electrical and electronic equipment (WEEE) and regulate the use of hazardous substances in electrical and electronic devices (RoHS). California, the leader in this effort, has enacted wide-ranging regulations on WEEE and RoHS, while such states as Arkansas, Connecticut, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, North Carolina, Oregon, Rhode Island, Texas and Washington have enacted some sort of electronic waste management legislation. A summary of California's RoHS and WEEE regulations and Minnesota's WEEE regulations (regarded as the toughest in the US) is provided below.

California

In September 2003, California enacted the Electronic Waste Recycling Act (EWRA), which requires the California Department of Toxic Substances Control (DTSC) to adopt regulations to prohibit certain electronic devices from being sold or offered for sale in California if they are prohibited from sale in the European Union because they contain certain heavy metals. The EWRA consists of two main parts. There is a recycling element that requires retailers to collect fees from consumers at the point of sale for covered electronic devices (CEDs). A CED is defined as a video display device (VDD) containing a screen greater than four inches, measured diagonally, identified in the regulations adopted by the DTSC. DTSC regulations have identified the following nine categories of CEDs:

• cathode ray tube (CRT)-containing devices with CRTs greater than four inches measured diagonally;
• CRTs greater than four inches measured diagonally;
• computer monitors containing CRTs greater than four inches measured diagonally;
• laptop computers with liquid crystal display screens greater than four inches measured diagonally;
• LCD-containing desktop monitors greater than four inches measured diagonally;
• televisions containing CRTs greater than four inches measured diagonally;
• televisions containing LCD screens greater than four inches measured diagonally;
• plasma televisions; and
• portable DVD players with LCD screens.

The following products are specifically excluded from designation as a CED:

• a VDD that is part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
• a VDD that is contained within, or part of, a piece of industrial, commercial or medical equipment, including monitoring or control equipment; and
• a VDD that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.

The second part of the EWRA involves a prohibition, effective from 1 January 2007, on the sale of CEDs containing certain heavy metals. These metals, together with their maximum concentration values (MCVs), are listed below.

The MCVs apply to each "homogenous material"used in a device rather than to the entire device or component of a device. A homogeneous material is defined as one that cannot be mechanically disjointed into different materials. Applying MCVs to homogenous materials rather than to entire devices makes them significantly more stringent.

The DTSC has advised that an electronic product that complies with the requirements of the EU RoHS Directive (Directive 2002/95/EC) will not be banned from sale in California under the state's RoHS law. Thus, any EU-approved exemptions from the MCVs on lead, mercury, cadmium or hexavalent chromium will also be recognised in California. Additionally, electronic devices that are restricted from sale in the EU under the RoHS Directive but do not fall under the definition of CEDs will not be banned from sale in California, even if they exceed one or more of the MCVs. Finally, as was the case with the EU RoHS Directive, the California regulations do not establish any specific labelling requirements.

The DTSC has also advised that the regulations do not require manufacturers to register with the DTSC to track the sale of electronic products meeting the provision. However, manufacturers are required to submit an annual report to the California Integrated Waste Management Board by 1 July of each year for products sold during the previous calendar year. Manufacturers are also required to provide the estimated average amount in milligrams for mercury, cadmium, lead and hexavalent chromium - including alloys and compounds - and polybrominated biphenyls that are used in CEDs and all of their component parts by product category.

Minnesota

The Minnesota WEEE legislation is regarded by some as the strongest in the US because it sets actual targets for how much equipment manufacturers must take back and recycle, measured as a percent of the products that these manufacturers are selling in the state. By contrast, California's WEEE regulations simply require retailers to collect fees from consumers at point of sale for covered electronic devices, make certain information available to consumers and submit annual reports on their recycling efforts.

The Minnesota legislation prohibits the sale of new VDDs to retailers in the state on or after 1 September 2007 unless the VDD carries a permanently affixed and readily visible label with the manufacturer's brand and the manufacturer has filed an annual registration with the state. This registration must include (a) a list of the manufacturer's brands of VDDs offered for sale in the state; (b) the name, address and contact information of a person responsible for ensuring compliance with the regulations; and (c) a certification that the manufacturer has complied and will continue to comply with certain registration, reporting and recycling requirements. By 1 September 2008, VDD manufacturers must submit a statement every year disclosing whether any VDDs sold to households in the state exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers under the EU RoHS Directive, or whether the manufacturer has received an exemption from the EU for one or more of those maximum concentration levels. Manufacturers must pay an annual registration fee of US$5,000 during the initial programme year and US$2,500 plus a variable recycling fee for each year thereafter.

Beginning on 1 September 2008, manufacturers must also submit information on an annual basis regarding the total weight of each specific VDD model sold to households during the previous programme year, the total weight of its VDDs sold to households during the previous year or an estimate of the total weight of its VDDs sold to households during the previous programme year based on national sales data. Manufacturers must also report the total weight of CEDs that the manufacturer collected from households and recycled or arranged to have collected and recycled during the previous programme year, as well as any recycling credits purchased and sold during that period and in stock at the beginning of the new programme year.

VDDs are defined in the Minnesota WEEE legislation as televisions or computer monitors, including laptop computers, that contain a cathode-ray tube or a flat panel screen with a screen size greater than nine inches measured diagonally and are marketed by manufacturers for use by households. VDDs exempted from the regulations include: (a) VDDs that are part of a motor vehicle or any component part of motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer; (b) VDDs that are functionally or physically part of a larger piece of equipment or are designed and intended for use in an industrial, commercial, library checkout, traffic control, kiosk, security (other than household security), border control or medical setting; (c) VDDs that are contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier; or (d) telephones of any type unless they contain a video display area greater than nine inches measured diagonally. For their part, CEDs are defined as "computers, peripherals, facsimile machines, DVD players, video cassette recorders and video display devices that are sold to a household by means of retail, wholesale or electronic commerce."

Most importantly, the Minnesota WEEE programme requires manufacturers to annually recycle or arrange for the collection and recycling of an amount of CEDs equal to the total weight of its VDDs sold to households during the preceding programme year, multiplied by the share of sales of VDDs required to be recycled (this requirement applies only to VDDs received from households). This share is 60 percent during the first year of the programme and 80 percent every year thereafter. Manufacturers must also conduct and document due diligence assessments of contracted collectors and recyclers and must provide the state with contact information for a person who can be contacted regarding the manufacturer's recycling obligations.

b) Mercury-added Products

Several states have established labelling requirements for mercury-added products and banned the sale of certain mercury-added items, including thermometers, thermostats and certain measuring apparatus, switches and relays. States with some sort of restrictions include, but are not limited to, California, Connecticut, Florida, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Virginia and Washington. A summary of California's regulations on mercury-added products is provided below.

California enforces a ban on a fairly broad range of mercury-added products. Mercury-added novelties (i.e., products intended mainly for personal or household enjoyment or adornment, including any item intended for use as a practical joke, figurine, adornment, toy, game, card, ornament, yard statue or figure, candle, jewellery, holiday decoration or item of apparel or footwear) were banned in 2003 and motor vehicles with a mercury-containing light switch mounted on the hood or trunk were forbidden in 2005.

Effective 1 January 2006, state law prohibited persons from selling, offering to sell or distributing for promotional purposes mercury-added thermostats, unless they are used for manufacturing or industrial purposes or by blind or visually impaired persons. A mercury-added thermostat is defined as a product that uses a mercury switch to sense and control room temperature through communication with heating, ventilating or air-conditioning equipment. This includes thermostats used to sense and control room temperature in residential, commercial, industrial and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

The sale of the following new or refurbished mercury-added products was prohibited effective 1 July 2006, unless the use of the product is required under a federal law or federal contract specification or if the only mercury-added component in the product is a button cell battery: (1) barometers; (2) esophageal dilators, bougie tubes or gastrointestinal tubes; (3) flow meters; (4) hydrometers; (5) hygrometers or psychometers; (6) manometers; (7) pyrometers; (8) sphygmomanometers; and (9) thermometers.

The sale of new or refurbished mercury switches or mercury relays, either individually or as a product component, was also prohibited from 1 July 2006. Excluded from this prohibition are:

• switches or relays used to replace a switch or relay that is a component in a larger product in use prior to 1 July 2006, provided the larger product is used in manufacturing or the switch or relay is integrated in and not physically separate from other components of the larger product;
• switches and relays whose use is required under federal law or federal contract specifications;
• switches and relays that contain less than one milligram of mercury, if the manufacturer has notified the DTSC of its plans to operate under an exemption and meets certain conditions; and
• refurbished imaging and therapy systems utilised for medical diagnostic purposes that include a mercury switch or relay, if the manufacturer has notified the DTSC of its plans to operate under an exemption and meets certain conditions.

The sale of mercury diostats or new or refurbished oven or gas ranges containing a mercury diostat was prohibited effective 1 January 2008. A mercury diostat is defined as a mercury switch that controls a gas valve in an oven or oven portion of a gas range.

c) Flame Retardants

At least 12 states - California, Illinois, Hawaii, Maine, Maryland, Michigan, Minnesota, Montana, New York, Oregon, Rhode Island and Washington - have banned the use of penta- and octa- polybrominated diphenyl ethers (PBDEs), which are believed to be the most hazardous types of PBDEs. Maine and Washington have gone a step further by restricting the use of deca-PBDEs, which are regarded as a less hazardous product but are used more widely than either penta- or octa-PBDEs.

PBDEs have been used extensively as flame retardants in a range of household products, including electronics, upholstery and furniture. In light of growing concerns regarding the toxicity of these substances, Washington state has banned the manufacture, sale and distribution of all non-comestible products containing non-deca PBDEs (with certain exemptions), as well as mattresses containing deca-PBDEs, from 1 January 2008. This ban will also be extended to residential upholstered furniture, televisions and computers containing commercial deca-PBDEs from 1 January 2011, provided state authorities determine by 31 December 2008 that a safer and technically feasible alternative is available and that this alternative meets applicable fire safety standards. Otherwise the ban would be postponed until such a determination is made.

In June 2007, Maine became the second US state to establish a ban on deca-PBDEs but went a step further than Washington by prohibiting the use of this substance in mattresses and upholstered furniture from 1 January 2008. Additionally, Maine approved a ban on the sale of televisions and computers with plastic housings containing deca-PBDEs from 1 January 2010. These restrictions will not apply to transportation vehicles and parts, production or equipment used in industrial or manufacturing processes, or electronic wiring and cable used for power transmission. The legislation also authorises the state to adopt rules to ban other harmful flame retardants for these same products if there are safer alternatives that meet fire safety standards.

d) General Purpose Lights

The State of California enacted legislation in October 2007 that will ban the sale or manufacture of certain general purpose lights made on or after 1 January 2010 that contain levels of hazardous substances prohibited by the EU RoHS directive. These restrictions will be extended to high-intensity discharge lamps and compact fluorescent lamps greater than nine inches in length effective from 1 January 2012 and to state-regulated general service incandescent lamps and enhanced spectrum lamps effective from 1 January 2014. These restrictions will not apply to high-output and very high-output linear fluorescent lamps greater than 32 millimetres in diameter or to pre-heat linear fluorescent lamps, although the state is required to determine on or after 1 January 2014 in consultation with companies that manufacture these products whether they should be subject to the restrictions.

The substances covered by the EU RoHS directive, together with their maximum concentration values, are listed below.

Manufacturers of general purpose lights will have to prepare and submit within 28 days at the request of Californian authorities technical documentation or other information showing that their lights comply with the requirements of the RoHS directive. In addition, manufacturers will have to provide upon request a certification to the seller attesting that their lights do not contain levels of hazardous substances that would preclude their sale under the aforementioned restrictions. Alternately, the manufacturer may display the required certification prominently on the lights' shipping container or on the packaging.

The California State Energy Resources Conservation and Development Commission is also required to adopt minimum energy efficiency standards for all general purpose lights by 31 December 2008.

The term "general purpose lights"is defined in the regulations as "lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use."This definition does not include any of the following specialty lighting: appliance, black light, bug, coloured, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, vibration service or vibration resistant, or lights needed to provide special-needs lighting for individuals with exceptional needs.

e) Phosphorous in Detergents

The State of Washington enacted legislation in March 2006 that bans the use of dishwasher detergent with a phosphorous content level of 0.5 percent or more by weight. The ban will become effective on 1 July 2008 in Spokane County and 1 July 2010 in the rest of the state. This ban does not apply to the sale or distribution of detergents for commercial and industrial use. Several other states are considering similar legislation.