Summary of Requirements Affecting Rechargeable Batteries
California’s Rechargeable Battery Management Law
California is one of a dozen states that have enacted laws to regulate the management of used rechargeable batteries and associated products. Although California’s labeling and “easily removable” provisions have been replaced by federal requirements contained in the “Mercury-Containing and Rechargeable Battery Management Act” (P.L. 104-142), several other state requirements remain in effect.
Instruction manuals for rechargeable consumer products containing Ni-Cd batteries must include information regarding the proper recycling or disposal of the used battery. Further, a brand name must be affixed to rechargeable batteries or rechargeable consumer products with non-removable batteries. For more specific information concerning these requirements, please consult the California state statute at Cal. Pub. Res. Code 1500.
Hazardous Waste Handling Requirements for Used Ni-Cd Batteries
Pursuant to P.L. 104-142, the collection, storage and transportation of used Ni-Cd batteries is now nationally regulated under EPA’s “Universal Waste Rule,” as published in the Federal Register on May 11, 1995. See 60 Fed. Reg. 25492. Thus, in Connecticut, persons collecting, storing and transporting used Ni-Cd batteries are subject to the hazardous waste handling requirements of EPA’s rule. California passed legislation adopting the Universal Waste Rule on September 15, 1996. Assembly Bill 1530 (1996).
Cell Phone Recycling Act of 2004
Effective July 1, 2006, the law was implemented regarding cellular phone recycling. The new law makes it easier for consumers to recycle used cellular phones. The new law affects cellular phone retailers and consumers.
Collection system: The law requires cellular phone retailers to develop and implement a system for the accep¬tance and collection of used cellular phones for reuse, recycling or proper disposal. It is unlawful for a retailer to sell a cellular phone to a consumer in California unless the retailer is in compliance with the new law.
Disposal ban: Consumers may not dispose of cell phones as regular household hazardous waste.
More information visit: http://www.leginfo.ca.gov/pub/03-04/bill/asm/ab_2901-2950/ab_2901_bill_20040929_chaptered.html
Rechargeable Battery Recycling Act of 2006
Effective July 1, 2006, retailers who sell small, non-vehicular rechargeable batteries in the state of California must provide consumers with a free system for returning these batteries for reuse, recycling or proper disposal. It is unlawful for a retailer not in compliance with the law to sell rechargeable batteries in the State.
Batteries that must be collected include small, non-vehicular Nickel Cadmium (Ni-Cd), Nickel Metal Hydride (Ni-MH), Lithium Ion (Li-ion), and Sealed Lead-Acid (Pb) rechargeable batteries, or battery packs containing such batteries.
A retailer is not subject to the requirements of this chapter for the sale of rechargeable batteries that are contained in or packaged with a battery-operated device. Assembly Bill 1125 (2006).
This summary outlines the major provisions and requirements of 42 U.S.C. 14301 et seeq. HOWEVER, THIS DOCUMENT IS NOT A LEGAL INTERPRETATION OF THE ACT. QUESTIONS OF INTERPRETATION SHOULD BE REVIEWED BY YOUR COMPANY LEGAL COUNSEL.