Section 35: Extended producer responsibility and product stewardship

(1) A person who develops, manufactures or processes a product shall, in accordance with section 98 of the Act and these Regulations, be responsible for- (a) use of best available technology and process design that maximises resource efficiency, and applies the waste management hierarchy in the production processes for the product; (b) monitoring the product cycle from beginning to end, to prevent mixing of waste; and (c) take-back of the product after its sale or use for environmentally safe treatment or disposal. (2) The responsibility for take-back of products referred to in subregulation (1) extends to a product steward who imports, distributes or sells a substance, a preparation or other product. (3) The product steward shall establish and operate collection schemes and shall provide information for the effective return and collection of products or product waste. (4) For purposes of this regulation, products that may be taken back include- (a) consumer goods past shelf life; (b) off specification products; (c) products that are no longer needed by the user; (d) discontinued products; (e) restricted or prohibited products; (f) glass, plastics, ceramics and associated waste; and (g) electrical and electronic products destined for disposal in accordance with regulation 44.