South Carolina Code 48-60-170. Intent of chapter; immunity from liability
(A) The intent of this chapter is to implement programs and services that ensure the availability of adequate end-of-life electronic product handling for the benefit of citizens of the State, which fairly, effectively, and efficiently share the burdens of doing so among television manufacturers, computer manufacturers, and computer monitor manufacturers, regardless of the effect on competition of doing so, and which require the State to direct and supervise implementation of a statewide plan of one or more consumer electronic device stewardship programs. Manufacturer clearinghouses and persons participating in manufacturer clearinghouses may not be held liable or prosecuted under federal or state antitrust, unfair trade, and competition laws and regulations.
Terms Used In South Carolina Code 48-60-170
- Consumer: means an occupant of a single-detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use. See South Carolina Code 48-60-20
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Manufacturer clearinghouse: means an entity that prepares and submits a manufacturer electronic waste program plan to the department, and oversees the manufacturer electronic waste program, on behalf of a group of two or more manufacturers cooperating with one another to collectively establish and operate an electronic waste program for the purpose of complying with this chapter and that collectively represent at least fifty-one percent of the manufacturers' total obligations pursuant to this chapter for a program year. See South Carolina Code 48-60-20
- Manufacturer electronic waste program: means any program established, financed, and operated by a manufacturer, individually or collectively as part of a manufacturer clearinghouse, to transport and subsequently recycle, in accordance with the requirements of this act, covered televisions and computer monitor devices collected at program collection sites and one-day collection events. See South Carolina Code 48-60-20
- Television: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras. See South Carolina Code 48-60-20
(B) A manufacturer or manufacturer clearinghouse acting pursuant to the provisions of this chapter may negotiate, enter into, or conduct business with each other and with any other entity developing, implementing, operating, participating in, or performing any other activities directly related to a manufacturer electronic waste program. No manufacturer, manufacturer clearinghouse, and eligible program shall be subject to damages, liability, enforcement actions, or scrutiny under federal or state antitrust, unfair trade, and competition laws and regulations, regardless of the effects of their actions on competition. It further is the intent and belief of the State that the supervisory activities described in this chapter are sufficient to confirm that activities of the manufacturer clearinghouse, manufacturers, eligible programs, and recoverers developing or participating in a plan that is approved pursuant to § 48-60-51 or 48-60-56 are authorized and actively supervised by the State.