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About 25 U.S. states and the District of Columbia have electronics recycling laws, most of them requiring manufacturers to fund collection of covered devices, and several states, including California, Minnesota, New York and Vermont, also restrict putting electronics or rechargeable batteries in the trash. No federal law requires consumers to recycle phones, but the EPA advises recycling electronics and lithium-ion batteries rather than throwing them away. Coverage varies: many laws focus on computers and TVs, while some states have specific cell phone or battery rules. None of these laws stop a person from selling a working phone, which is reuse rather than disposal. Sell iPhone in Any U.S. State covers selling from every state.
- States with e-waste laws: about 25, plus DC.
- Common model: manufacturer-funded take-back for covered devices.
- Trash restrictions: several states restrict electronics or batteries in household waste.
- Selling a working phone: allowed in every state; it is reuse.
Which states have e-waste laws?
About 25 states and the District of Columbia have electronics recycling laws, according to trackers such as the Electronics Recycling Coordination Clearinghouse. The laws fall into 3 main types:
| Law type | How it works | Example states |
|---|---|---|
| Manufacturer take-back | Manufacturers fund or run collection for covered devices | Minnesota, New York, Texas, Washington, Wisconsin |
| Advance recovery fee | Consumers pay a fee at purchase that funds recycling | California |
| Retailer take-back for phones | Retailers that sell phones must accept old phones for recycling | California, New York |
Covered devices differ by state. Many laws list computers, monitors, TVs and printers; phones are covered in some states and excluded in others. Check the state environmental agency's page for the current list.
Which states ban electronics in the trash?
Several states restrict putting electronics, batteries or both in household trash. The table gives examples; rules differ in which items they cover.
| State | Example restriction |
|---|---|
| California | Batteries and electronic devices are treated as universal waste and cannot go in household trash |
| Minnesota | Restricts disposal of certain electronics and rechargeable batteries |
| New York | Bans disposal of covered electronic equipment in landfills and incinerators |
| Vermont | Bans covered electronics and certain batteries from landfills |
| Washington | Restricts disposal of covered electronic products |
Even where no ban applies, lithium-ion batteries cause fires in garbage trucks and waste facilities, so the EPA advises recycling them everywhere. How to Dispose of an iPhone Battery Safely covers batteries.
How do laws affect selling a working phone?
Electronics recycling laws do not restrict selling a working phone, because selling is reuse, not disposal. Two other types of law do affect phone sales:
- Secondhand dealer laws: many states and cities require buyers of used electronics to record sellers and device identifiers, to help return stolen property.
- Consumer protection laws: state laws prohibit deceptive pricing and require businesses to honor their stated terms.
These rules are why legitimate buyers check IMEIs and refuse phones reported lost or stolen. Sell iPhone in Texas and Sell iPhone in California cover selling in the 2 largest states.
What does Texas require?
Texas has manufacturer take-back laws for computers and televisions, requiring manufacturers to offer free recycling programs for their covered products. Cell phones are not the focus of the Texas program, but recycling options remain available through retailers, carriers, Apple and local collection events. Selling a working iPhone in Texas follows the same steps as anywhere else.
What does California require?
California regulates electronics in 3 ways: the Electronic Waste Recycling Act, which charges a fee on certain covered devices with screens at purchase; the Cell Phone Recycling Act, which requires retailers that sell cell phones to take back used phones for recycling at no charge; and universal waste rules, which keep batteries and electronic devices out of household trash. Californians can also sell working phones normally.
What does New York require?
New York's Electronic Equipment Recycling and Reuse Act requires manufacturers to provide free recycling for covered electronics and bans their disposal in landfills and incinerators. New York's Wireless Recycling Act requires retailers that sell wireless phones to accept used phones for recycling. New York also has a rechargeable battery recycling law.
Are there battery recycling laws?
Several states have rechargeable battery laws that require retailers or manufacturers to support battery collection, and some ban rechargeable batteries from household trash. Examples include California, Minnesota, New York and Vermont. Call2Recycle operates thousands of battery drop-off locations across the U.S. under these programs. iPhone batteries are lithium-ion and fall under rechargeable battery rules.
Is there a federal e-waste law?
There is no federal law that requires consumers to recycle electronics. Federal rules cover specific areas: the EPA regulates hazardous waste under the Resource Conservation and Recovery Act, and the Department of Transportation regulates shipping of lithium batteries. Proposals for a national e-waste program have been introduced in Congress over the years without becoming law.
Do businesses have stricter rules?
Businesses often face stricter rules than households, because business electronic waste can count as hazardous or universal waste under federal and state rules, depending on volume and state. Businesses also have data protection obligations. Most companies use certified recyclers for non-working devices and sell working devices for reuse. iPhone IT Asset Disposition (ITAD): A Guide for Companies covers business disposal.
How do I find my state's rules?
Find a state's rules in 3 places: the state environmental agency's electronics or e-waste page, the Electronics Recycling Coordination Clearinghouse's state law summaries and the city or county solid waste office, which lists local collection events. Rules change, so check the current page before disposing of electronics.
What is the simplest legal path for an old iPhone?
The simplest legal path for an old iPhone in any state is to sell it if it is an iPhone 11 or later and can be released from its Apple Account, and to recycle it at a retailer, carrier, Apple or certified recycler otherwise. Never put it in household trash. Recycle or Sell Your Old iPhone? How to Decide walks through the decision.
How do the main law types compare?
The 3 main types of electronics recycling law differ in who pays and who collects. The table compares them.
| Attribute | Manufacturer take-back | Advance recovery fee | Retailer take-back |
|---|---|---|---|
| Who pays | Manufacturers | Consumers at purchase | Retailers and manufacturers |
| Who collects | Manufacturer programs and collectors | State-approved collectors and recyclers | Stores that sell the devices |
| Typical devices | Computers, monitors, TVs | Devices with screens | Cell phones, rechargeable batteries |
| Cost to the consumer at drop-off | Usually free | Usually free | Free |
How do secondhand dealer laws work?
Secondhand dealer laws, set by states and cities, require businesses that buy used goods, including electronics, to record each seller's identity and each item's identifiers, and sometimes to hold items for a set period. The records help police return stolen property. Requirements vary widely: some apply to pawnshops and kiosks, and others to any business buying used phones. This is why phone kiosks scan IDs and mail-in buybacks collect seller details and check IMEIs.
Do recycling laws apply to Apple Watch and AirPods?
Recycling laws that cover small electronics or rechargeable batteries apply to Apple Watch and AirPods in many states, because both contain lithium-ion batteries. Recycle them at the same drop-offs as phones. Working Apple Watch and AirPods models can also be sold for cash. How to Sell AirPods: What Qualifies and How to Prepare covers AirPods.
What should a mover do with old phones?
A person moving between states should sell or recycle old phones before the move rather than pack them, because damaged lithium batteries are a hazard in moving trucks and storage. Rules at the destination may also differ. Selling a working phone works from every state through mail-in buybacks.
How do laws change over time?
Electronics and battery laws change as states add covered devices and battery stewardship programs. Several states have expanded rules to cover more battery types in recent years. Check the state agency's page for current rules each time you dispose of electronics.
Where can residents drop off phones in most states?
Residents in most states can drop off phones at 6 common types of locations. The table lists them.
| Location | Typical items accepted |
|---|---|
| Apple Stores | Apple devices and Apple accessories |
| Electronics retailers | Phones, small electronics, rechargeable batteries |
| Carrier stores | Phones and accessories |
| Call2Recycle drop-off sites | Rechargeable batteries and, at many sites, cell phones |
| Certified e-waste recyclers | Most electronics |
| Municipal collection events | Electronics and household hazardous waste |
Call ahead for phones with damaged batteries.
Do recycling laws require data erasure?
Most electronics recycling laws focus on collection and processing rather than data, but several states have data disposal laws that require businesses to destroy personal information before disposing of records, including electronic devices. Individuals should erase their phones before recycling or selling. How to Factory Reset an iPhone Before Selling It covers the steps.
Is selling better than recycling under these laws?
State laws generally rank reuse ahead of recycling, following the waste hierarchy that the EPA promotes: reduce, reuse, recycle. Selling a working phone keeps it in use and delays the need for recycling. The Environmental Impact of Reusing an iPhone explains the benefit.
What happens to phones collected under state programs?
Phones collected under state programs go to registered or certified recyclers, which test working devices for reuse where the program allows, remove batteries and recover metals and plastics from the rest. Programs report collection volumes to the state each year. Reuse and recycling both keep hazardous materials out of landfills.
Can I be fined for throwing away a phone?
Enforcement against households is uncommon, but some states and cities allow fines for improper disposal of banned items. The practical risk is fire: lithium-ion batteries in trash cause fires in collection trucks and facilities.
Do the laws apply to phones I sell online?
Electronics recycling laws do not apply to phones sold online for reuse, because the phone is not being discarded. Sellers still follow platform rules and the buyer's requirements, such as erasing the phone and confirming it is not reported lost or stolen. Shipping lithium-ion batteries inside devices is allowed for undamaged phones, while damaged or swollen batteries must not be mailed under federal shipping rules.
Where do the rules differ most?
Rules differ most on which devices are covered and whether batteries are banned from trash. States with battery bans usually require retailer collection points.
Frequently asked questions about electronics recycling laws
Which states have electronics recycling laws?
About 25 U.S. states and the District of Columbia have electronics recycling laws, including California, Minnesota, New York, Texas, Washington and Wisconsin. Most require manufacturers to fund collection of covered devices, while California uses a fee charged at purchase. Covered devices vary, so check each state's environmental agency. Check the state environmental agency for the current rules before disposing of any device.
Is it illegal to throw a phone in the trash?
Throwing a phone in the trash is prohibited in some states and cities, such as California, where batteries and electronic devices are universal waste. It is unsafe everywhere, because lithium-ion batteries cause fires in garbage trucks and facilities. Recycle phones at retailers, carriers, Apple or certified recyclers instead. Rules change over time, so confirm the details on the agency page each time.
Do e-waste laws stop me from selling my phone?
E-waste laws do not stop anyone from selling a working phone, because selling is reuse, not disposal. Secondhand dealer laws in many states require buyers to record sellers and device identifiers, which is why legitimate buyers check IMEIs and refuse phones reported lost or stolen. Selling a working phone is reuse and is allowed in every state.
Do stores have to take back old cell phones?
In some states, yes. California's Cell Phone Recycling Act requires retailers that sell cell phones to take back used phones for recycling at no charge, and New York's Wireless Recycling Act has a similar requirement. Many retailers and carriers in other states also accept phones voluntarily. Never put phones or lithium-ion batteries in household trash, whatever the state rules.
Is there a federal law for recycling phones?
No federal law requires consumers to recycle phones. The EPA regulates hazardous waste under the Resource Conservation and Recovery Act and advises recycling electronics and lithium-ion batteries, and the Department of Transportation regulates shipping lithium batteries. Recycling rules for consumers come mainly from states and cities. Local solid waste offices list collection events and drop-off sites for residents.
Sources and references
- Electronics Recycling Coordination Clearinghouse (ERCC): state electronics recycling law summaries.
- U.S. Environmental Protection Agency (EPA): electronics donation and recycling, and used lithium-ion batteries.
- California Department of Resources Recycling and Recovery (CalRecycle) and New York State Department of Environmental Conservation: electronics and cell phone recycling programs.