In some cases the distributor or wholesaler may prefer to report and remit EHCs directly to the program, rather than to pay the EHCs to the supplier when they purchase lights. In this case, the distributor or wholesaler registers for LightRecycle Washington as a participant and is then responsible for reporting sales and remitting EHCs to the program directly. The producer is then no longer required to report and remit EHCs on the sale or supply of those lights sold to that distributor or wholesaler.
A distributor or wholesaler who elects to report and remit EHCs directly to the program satisfies condition (d) of the definition of producer as follows: “Producer” means a person that: (d)(i) Sells or sold at wholesale or retail a mercury-containing light; (ii) does not have legal ownership of the brand; and (iii) elects to fulfill the responsibilities of the producer for that product.
For this reason, distributors or wholesalers who elect to participate will be classified as producers, and not as remitting retailers, and therefore are not entitled to the remitting retailer hold-back.
To formalize this option where the distributor or wholesaler remits EHCs, the distributor or wholesaler must have a binding agreement in place with their suppliers and must notify PCA of any such arrangements to ensure all EHCs are properly recorded and remitted. A Supplier – Customer Remitter Determination Form must be provided to PCA as evidence that a binding agreement has been established.