Pub. L. 102-393, tit. VI, sec. 630

Sec. 630. Title 42 U.S.C. is amended by adding a new section as follows: “§ 6962j. Preference for recycled toner cartridges “(a) Notwithstanding any other provision of law, a Federal agency in conducting a procurement for toner cartridges for use in laser printers, photocopiers or microphotographic printers shall purchase recycled cartridges, unless the contracting or purchasing officer determines in writing that— “(1) adequate market research establishes that recycled cartridges for the type of equipment used by the agency do not exist, “(2) the price or life cycle cost offered for the recycled cartridge is higher than the original equipment manufacturer’s new cartridge, or “(3) recycled cartridges are not available in quantities needed within the timeframes required. “(b) Nothing in this section shall prohibit the purchase of one newly manufactured cartridge (or a number equal to those normally supplied at the time of initial purchase) as part of an initial printer or copier acquisition. “(c) For purposes of this section, ‘recycled cartridge’ means a laser printer, photocopier, or microphotographic toner cartridge which has been remanufactured in the United States by a small-business concern which has been certified by an independent laboratory to meet generally accepted industry standards. In the absence of an independent laboratory certification, a contracting officer may in his discretion rely on the agency’s past experience with the offered recycled cartridge as evidence that the offered product meets generally accepted industry standards. 106 STAT. 1774 “(d) For purposes of this section, ‘small-business concern has the meaning given such term in the Small Business Act (15 U.S.C. 632(a)). “(e) For purposes of this section, ‘independent laboratory’ means an independently owned engineering and product testing firm, whose primary business activity is not limited to the testing and certification of recycled cartridges.”.