Earlier quoted context omitted.
That policy is for a first-hand phone. Does the same policy continue for a second-hand phone (which is basically "refurbish them for use")?
Where does it say that? You seem to be set against this so under what conditions could Apple (or anybody else) sell refurbished phones that would be acceptable to you? Or do they become problem immediately once they are not new?
Would you be willing to buy a second hand refurbished phone from Apple if the recycling policy does not apply for the second hand phone?