June 2022* 

Introduction

Used cell phones contain hazardous materials such as arsenic and lead.  You can not dispose of your old cell phones in the regular household trash. The Cell Phone Recycling Act of 2004 makes it easier for you as a consumer to recycle old cell phones. The Act requires cell phone retailers to collect the cell phones for reuse, recycling, or disposal. As of July 1, 2006, a retailer can not sell a cell phone to a consumer in California unless the retailer complies with this law.

The Cell Phone Recycling Act affects retailers and consumers

Cell phone retailers must have a system to accept and collect a consumers used cell phones. These cell phones must be reused, recycled, or properly disposed. The law also affects state agencies and their cell phone supplier(s). State agencies must certify that their cell phone supplier(s) and their associates are in compliance with the Act.

What are the new requirements for cell phone retailers?

Retailers must have in place, and promote, a system for accepting and collecting used cell phones for reuse, recycling, or proper disposal at no cost to the consumer.

Retailers must:

• Take back a used cell phone that the consumer obtained from the retailer.
• Take back a used cell phone that the consumer obtained anywhere when the consumer obtains a new cell phone from the retailer.
• Must provide the consumer with a “mechanism” (e.g., postage-paid mailer) for the reuse, recycling, or disposal of the consumer’s old cell phone if the retailer delivers a new cell phone directly to the consumer (e.g., by mail).
• Publicize information about the cell phone recycling opportunities that the retailer provides. For example, this may include signage, brochures, or advertising materials given to consumers.

How does the law affect state agencies and their prospective cell phone suppliers?

State agencies can only purchase or lease cell phones from prospective bidders who have certified that they are in compliance with the requirements of the Cell Phone Recycling Act of 2004.

Bidders must:

• Show their certification of compliance
• Cooperate in providing access to their records showing their compliance with the law. 

If you can not certify compliance with the law, you will be ineligible to bid on state contracts to buy or lease cell phones. If a successful bidder is later found to be in violation with the law, their contract will be voided, and the bidder will be ineligible to bid on any state contract for three years. Additionally, a court may order the bidder to return any compensation received.

Tracking Our Progress

The Department of Toxic Substances Control (DTSC) posts the annual estimated recycling rate of cell phones in California on their webpage, “How is California Doing with Recycling Cell Phones?“.

Find a Cell Phone Recycler Near You

Additional Resources

Electronic Waste (E-waste) – provides information on DTSC’s E-waste program

Universal Waste – provides information on DTSC’s Universal Waste program

Relevant Regulations

Public Resources Code, Division 30, Part 3, Chapter 8.6 – Regulatory text for the Cell Phone Recycling Act of 2004

Individual regulations:

§42493 – Definitions
§42494 – Regulatory text for the expectation of retailers
§42496.4 – Regulatory text for reporting cell phone recycling rates annually
§42498 – Regulatory text for state agency procurement of cell phones

*Disclaimer

This fact sheet does not replace or supersede relevant statutes and regulations. The information contained in this fact sheet is based upon the statutes and regulations in effect as of the date of the fact sheet. Interested parties should keep apprised of subsequent changes to relevant statutes and regulations.