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Who are the “producers” according to the law?

The Washington Legislature passed the Law for Mercury-Containing Lights – proper disposal (Chapter 70.275 RCW) and states that every producer of mercury-containing lights sold in or into Washington State for retail sale must participate in a product stewardship program for those products.

“Producer” means a person that:

  1. Has or had legal ownership of the brand, brand name, or co-brand of a Mercury-containing light sold in or into Washington state unless the brand owner is a Retailer whose Mercury-containing light was supplied by another Producer participating in a stewardship program under this chapter;
  2. Imports or has imported Mercury-containing lights branded by a Producer that meets the requirements of (a) of this definition and where that Producer has no physical presence in the United States;
  3. If (a) and (b) of this definition do not apply, makes or made a Mercury-containing light that is offered for sale or sold in or into Washington state; or
  4. Sells or sold at wholesale or retail a Mercury-containing light and does not have legal ownership of the brand and elects to fulfill the responsibilities of the Producer for that product.