Guidance for Manufacturers and Retailers
Covered Electronic Devices (CEDs)
Note: CalRecycle will not be making any determinations regarding whether a specific product is a “covered battery-embedded product” (CBEP) that is subject to Senate Bill (SB) 1215. Consult with your own legal counsel regarding how statutory requirements apply to your business and products.
- Video display device (VDD) is defined in the Public Resources Code (PRC) section 42463(x).
- For a list of VDD devices, including examples and exclusions, visit the DTSC Covered Electronic Waste page.
- The SB 1215 covered battery-embedded product (CBEP) definition is provided in Public Resources Code (PRC) section 42463(f).
- For batteries subject to the AB 2440 Responsible Battery Recycling Act, “covered battery” is defined at PRC section 42420.1(d).
- View the VDD and CBEP Decision Tree.
CBEP Manufacturer Notice Chart and Data
PLEASE BE ADVISED:
CalRecycle compiled a list of products from notices sent to CalRecycle by manufacturers per PRC section 42466.2. The information contained in the documents was provided by manufacturers, and questions about specific product determinations should be directed to them.
- The PDF Table document consolidates the data from the Manufacturer Notices into an easy-to-read chart that lists categories of products, manufacturer and brand names, and examples of products within each category.
- The Notices Excel spreadsheet lists all noticed products from copies of the Manufacturer Notice that have been provided to CalRecycle. This list is sortable by brand, manufacturer, and device type, and contains product model numbers and UPC numbers (if provided).
By posting these lists of products, CalRecycle does not endorse the accuracy of the list or confirm that these products are CBEPs, as defined in PRC section 42463(f).
These lists may erroneously include devices that are not CBEPs, such as:
- Products that are video display devices (as defined by PRC section 42463(g)(1)(A))
- Products that are a loose battery (as defined at PRC section 42420.1(d))
- Products that are not considered covered electronic waste
These lists are not complete lists of all CBEPs and are based on the notices that manufacturers provided to CalRecycle.
The absence of a CBEP from these lists does not relieve a manufacturer’s responsibility to notice retailers (per PRC section 42466.2), or a retailer’s obligation to collect the covered battery-embedded waste recycling fee on a CBEP from a consumer.
This list is subject to change. It will be updated periodically, and a listserv notice will be sent out.
*If a retailer, consumer, or other interested party has a concern that one of the products listed is not a CBEP, CalRecycle recommends contacting the manufacturer directly to seek clarification on whether the product is a CBEP. If the manufacturer determines the product is not a CBEP, the manufacturer may re-notice retailers and contact CalRecycle.
VDD and CBEP Classification and Fee Decision Tree
Use this decision tree to determine whether a product is subject to the VDD recycling fee, the CBEP recycling fee, both, or neither — including when products are sold in bundles.
Question 1: Does the product contain a battery that is embedded, sealed, and not designed to be easily removed by the consumer using common household tools?
Answer:
- No – Not a CBEP. Go to Question 2.
- Note: Loose batteries are regulated under the Responsible Battery Recycling Act.
- Yes – Go to Question 3.
Question 2: Does the product have a screen larger than 4 inches (measured diagonally) and appear on the Covered VDD list?
Answer:
- No – Neither VDD nor CBEP. No covered electronic waste recycling fee applies under these programs.
- Yes – This is a Covered VDD subject to VDD waste recycling fee ($4, $5, or $6 based on screen size) (22 CCR section 66260.201(e)). Not a CBEP (see 14 CCR section 18660.40(a)-(c)).
Question 3: Is this device a Covered VDD as defined by law?
i Covered VDD per PRC section 42463(g)(1) and 22 CCR section 66260.201(e)
Answer:
- Yes – Treated as a Covered VDD only.
Subject to the VDD waste recycling fee based on screen size (see 14 CCR section 18660.40(a)-(c)).
Excluded from the CBEP fee (PRC section 42463(f)(2)(B)). - No – Go to Question 4.
Question 4: Is the product a motorized scooter, motorized skateboard or a motorized hoverboard with an embedded battery?
Answer:
- Yes – This is a CBEP subject to the 1.5% CBEP waste recycling fee (capped at $15), calculated on the retail selling price.
- No – Go to Question 5.
Question 5: Is the product an excluded item (Medical device, energy storage system, electronic nicotine delivery system, etc.)?
iProducts excluded from the definition of a CBEP are listed in PRC section 42463(f)(2). This includes: certain medical devices, existing covered electronic devices (video display devices), certain energy storage systems, and electronic nicotine delivery systems.
Answer:
- Yes – Not a CBEP.
- No – Go to Question 6.
Question 6: Is the product being sold in a bundled transaction that includes both a VDD and a CBEP (or multiple battery-embedded items)?
Answer:
- No – This is a CBEP subject to the 1.5% waste CBEP recycling fee (capped at $15), calculated on the retail selling price.
- Yes – Go to Question 7 (Bundle Transaction Rules).
Question 7: What type of bundle is it?
Answer:
- Manufacturer-Packaged Bundle: single package, single UPC, single price (for example: TV sold with rechargeable remote)
- Subject to VDD waste recycling fee only (based on VDD screen size).
CBEP fee is excluded per PRC section 42463(f)(2)(B).
Note: If the retailer itemizes the devices separately on the invoice, both fees may apply.
- Subject to VDD waste recycling fee only (based on VDD screen size).
- Retailer-Packaged Bundle: retailer-created bundle (for example: tablet + keyboard + earbuds). Both fees apply:
- VDD waste recycling fee on the VDD portion
- CBEP waste recycling fee on the CBEP portion (based on unbundled/fair retail selling price)
- A CBEP packaged with a Non-CBEP Item (for example: cell phone with service contract, or gaming console with rechargeable controller)
- Apply CBEP fee only on the CBEP portion
Calculate the fee based on the unbundled/fair retail selling price of the CBEP portion (similar to California Department of Tax and Fee Administration’s Sales and Use Tax Regulation 1585).
- Apply CBEP fee only on the CBEP portion
Covered Battery-Embedded Products (CBEPs) Questions and Answers (Q&A)
Download the PDFIf you have general questions about what is a video display device (VDD) versus what is a CBEP, contact EmbeddedBatteries@calrecycle.ca.gov.
Template for Notifying Retailers
CalRecycle has developed a recommended template that CBEP manufacturers may use to notify all retailers. This template is optional.
- The template includes required fields, which are marked with an asterisk.
- The template also includes optional fields.
- Manufacturers are strongly encouraged to complete the optional fields, particularly the individual CBEP’s UPC, to help all retailers easily identify covered battery-embedded products subject to the covered battery-embedded waste recycling fee.
NOTE: CalRecycle intends to upload these forms directly to its website without review for or consideration of any confidential, trade secret, or proprietary information.
For more information, contact EmbeddedBatteries@calrecycle.ca.gov