-CITE-

42 USC CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES

AND BATTERIES CONTAINING MERCURY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

-HEAD-

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

14301. Findings.

14302. Definitions.

14303. Information dissemination.

14304. Enforcement.

(a) Civil penalty.

(b) Contents of order.

(c) Considerations.

(d) Finality of order; request for hearing.

(e) Hearing.

(f) Subpoena power.

(g) Continued violation after expiration of period

for compliance.

(h) Savings provision.

14305. Information gathering and access.

(a) Records and reports.

(b) Access and copying.

(c) Confidentiality.

14306. State authority.

14307. Authorization of appropriations.

SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES

14321. Purpose.

14322. Rechargeable consumer products and labeling.

(a) Prohibition.

(b) Labeling.

(c) Existing or alternative labeling.

(d) Rulemaking authority of Administrator.

(e) Uniformity.

(f) Exemptions.

14323. Requirements.

(a) Batteries subject to certain regulations.

(b) Enforcement under Solid Waste Disposal Act.

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

14331. Purpose.

14332. Limitations on sale of alkaline-manganese batteries

containing mercury.

14333. Limitations on sale of zinc-carbon batteries

containing mercury.

14334. Limitations on sale of button cell mercuric-oxide

batteries.

14335. Limitations on sale of other mercuric-oxide batteries.

(a) Prohibition.

(b) Application of section.

14336. New product or use.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERALLY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-End-

-CITE-

42 USC Sec. 14301 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14301. Findings

-STATUTE-

The Congress finds that -

(1) it is in the public interest to -

(A) phase out the use of mercury in batteries and provide for

the efficient and cost-effective collection and recycling or

proper disposal of used nickel cadmium batteries, small sealed

lead-acid batteries, and other regulated batteries; and

(B) educate the public concerning the collection, recycling,

and proper disposal of such batteries;

(2) uniform national labeling requirements for regulated

batteries, rechargeable consumer products, and product packaging

will significantly benefit programs for regulated battery

collection and recycling or proper disposal; and

(3) it is in the public interest to encourage persons who use

rechargeable batteries to participate in collection for recycling

of used nickel-cadmium, small sealed lead-acid, and other

regulated batteries.

-SOURCE-

(Pub. L. 104-142, Sec. 2, May 13, 1996, 110 Stat. 1329.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 104-142 provided that: "This Act [enacting

this chapter] may be cited as the 'Mercury-Containing and

Rechargeable Battery Management Act'."

Section 101 of title I of Pub. L. 104-142 provided that: "This

title [enacting subchapter II of this chapter] may be cited as the

'Rechargeable Battery Recycling Act'."

Section 201 of title II of Pub. L. 104-142 provided that: "This

title [enacting subchapter III of this chapter] may be cited as the

'Mercury-Containing Battery Management Act'."

-End-

-CITE-

42 USC Sec. 14302 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14302. Definitions

-STATUTE-

For purposes of this chapter:

(1) Administrator

The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) Button cell

The term "button cell" means a button- or coin-shaped battery.

(3) Easily removable

The term "easily removable", with respect to a battery, means

detachable or removable at the end of the life of the battery -

(A) from a consumer product by a consumer with the use of

common household tools; or

(B) by a retailer of replacements for a battery used as the

principal electrical power source for a vehicle.

(4) Mercuric-oxide battery

The term "mercuric-oxide battery" means a battery that uses a

mercuric-oxide electrode.

(5) Rechargeable battery

The term "rechargeable battery" -

(A) means 1 or more voltaic or galvanic cells, electrically

connected to produce electric energy, that is designed to be

recharged for repeated uses; and

(B) includes any type of enclosed device or sealed container

consisting of 1 or more such cells, including what is commonly

called a battery pack (and in the case of a battery pack, for

the purposes of the requirements of easy removability and

labeling under section 14322 of this title, means the battery

pack as a whole rather than each component individually); but

(C) does not include -

(i) a lead-acid battery used to start an internal

combustion engine or as the principal electrical power source

for a vehicle, such as an automobile, a truck, construction

equipment, a motorcycle, a garden tractor, a golf cart, a

wheelchair, or a boat;

(ii) a lead-acid battery used for load leveling or for

storage of electricity generated by an alternative energy

source, such as a solar cell or wind-driven generator;

(iii) a battery used as a backup power source for memory or

program instruction storage, timekeeping, or any similar

purpose that requires uninterrupted electrical power in order

to function if the primary energy supply fails or fluctuates

momentarily; or

(iv) a rechargeable alkaline battery.

(6) Rechargeable consumer product

The term "rechargeable consumer product" -

(A) means a product that, when sold at retail, includes a

regulated battery as a primary energy supply, and that is

primarily intended for personal or household use; but

(B) does not include a product that only uses a battery

solely as a source of backup power for memory or program

instruction storage, timekeeping, or any similar purpose that

requires uninterrupted electrical power in order to function if

the primary energy supply fails or fluctuates momentarily.

(7) Regulated battery

The term "regulated battery" means a rechargeable battery that

-

(A) contains a cadmium or a lead electrode or any combination

of cadmium and lead electrodes; or

(B) contains other electrode chemistries and is the subject

of a determination by the Administrator under section 14322(d)

of this title.

(8) Remanufactured product

The term "remanufactured product" means a rechargeable consumer

product that has been altered by the replacement of parts,

repackaged, or repaired after initial sale by the original

manufacturer.

-SOURCE-

(Pub. L. 104-142, Sec. 3, May 13, 1996, 110 Stat. 1329.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14323 of this title.

-End-

-CITE-

42 USC Sec. 14303 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14303. Information dissemination

-STATUTE-

The Administrator shall, in consultation with representatives of

rechargeable battery manufacturers, rechargeable consumer product

manufacturers, and retailers, establish a program to provide

information to the public concerning the proper handling and

disposal of used regulated batteries and rechargeable consumer

products with nonremovable batteries.

-SOURCE-

(Pub. L. 104-142, Sec. 4, May 13, 1996, 110 Stat. 1330.)

-End-

-CITE-

42 USC Sec. 14304 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14304. Enforcement

-STATUTE-

(a) Civil penalty

When on the basis of any information the Administrator determines

that a person has violated, or is in violation of, any requirement

of this chapter (except a requirement of section 14323 of this

title) the Administrator -

(1) in the case of any violation, may issue an order assessing

a civil penalty of not more than $10,000 for each violation, or

requiring compliance immediately or within a reasonable specified

time period, or both; or

(2) in the case of any violation or failure to comply with an

order issued under this section, may commence a civil action in

the United States district court in the district in which the

violation occurred or in the district in which the violator

resides for appropriate relief, including a temporary or

permanent injunction.

(b) Contents of order

An order under subsection (a)(1) of this section shall state with

reasonable specificity the nature of the violation.

(c) Considerations

In assessing a civil penalty under subsection (a)(1) of this

section, the Administrator shall take into account the seriousness

of the violation and any good faith efforts to comply with

applicable requirements.

(d) Finality of order; request for hearing

An order under subsection (a)(1) of this section shall become

final unless, not later than 30 days after the order is served, a

person named in the order requests a hearing on the record.

(e) Hearing

On receiving a request under subsection (d) of this section, the

Administrator shall promptly conduct a hearing on the record.

(f) Subpoena power

In connection with any hearing on the record under this section,

the Administrator may issue subpoenas for the attendance and

testimony of witnesses and for the production of relevant papers,

books, and documents.

(g) Continued violation after expiration of period for compliance

If a violator fails to take corrective action within the time

specified in an order under subsection (a)(1) of this section, the

Administrator may assess a civil penalty of not more than $10,000

for the continued noncompliance with the order.

(h) Savings provision

The Administrator may not take any enforcement action against a

person for selling, offering for sale, or offering for promotional

purposes to the ultimate consumer a battery or product covered by

this chapter that was -

(1) purchased ready for sale to the ultimate consumer; and

(2) sold, offered for sale, or offered for promotional purposes

without modification.

The preceding sentence shall not apply to a person -

(A) who is the importer of a battery covered by this chapter,

and

(B) who has knowledge of the chemical contents of the battery

when such chemical contents make the sale, offering for sale, or

offering for promotional purposes of such battery unlawful under

subchapter III of this chapter.

-SOURCE-

(Pub. L. 104-142, Sec. 5, May 13, 1996, 110 Stat. 1331.)

-End-

-CITE-

42 USC Sec. 14305 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14305. Information gathering and access

-STATUTE-

(a) Records and reports

A person who is required to carry out the objectives of this

chapter, including -

(1) a regulated battery manufacturer;

(2) a rechargeable consumer product manufacturer;

(3) a mercury-containing battery manufacturer; and

(4) an authorized agent of a person described in paragraph (1),

(2), or (3),

shall establish and maintain such records and report such

information as the Administrator may by regulation reasonably

require to carry out the objectives of this chapter.

(b) Access and copying

The Administrator or the Administrator's authorized

representative, on presentation of credentials of the

Administrator, may at reasonable times have access to and copy any

records required to be maintained under subsection (a) of this

section.

(c) Confidentiality

The Administrator shall maintain the confidentiality of documents

and records that contain proprietary information.

-SOURCE-

(Pub. L. 104-142, Sec. 6, May 13, 1996, 110 Stat. 1332.)

-End-

-CITE-

42 USC Sec. 14306 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14306. State authority

-STATUTE-

Nothing in this chapter shall be construed to prohibit a State

from enacting and enforcing a standard or requirement that is

identical to a standard or requirement established or promulgated

under this chapter. Except as provided in sections 14322(e) and

14323 of this title, nothing in this chapter shall be construed to

prohibit a State from enacting and enforcing a standard or

requirement that is more stringent than a standard or requirement

established or promulgated under this chapter.

-SOURCE-

(Pub. L. 104-142, Sec. 7, May 13, 1996, 110 Stat. 1332.)

-End-

-CITE-

42 USC Sec. 14307 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 14307. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as are

necessary to carry out this chapter.

-SOURCE-

(Pub. L. 104-142, Sec. 8, May 13, 1996, 110 Stat. 1332.)

-End-

-CITE-

42 USC SUBCHAPTER II - RECYCLING OF RECHARGEABLE

BATTERIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES

-HEAD-

SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES

-End-

-CITE-

42 USC Sec. 14321 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES

-HEAD-

Sec. 14321. Purpose

-STATUTE-

The purpose of this subchapter is to facilitate the efficient

recycling or proper disposal of used nickel-cadmium rechargeable

batteries, used small sealed lead-acid rechargeable batteries,

other regulated batteries, and such rechargeable batteries in used

consumer products, by -

(1) providing for uniform labeling requirements and streamlined

regulatory requirements for regulated battery collection

programs; and

(2) encouraging voluntary industry programs by eliminating

barriers to funding the collection and recycling or proper

disposal of used rechargeable batteries.

-SOURCE-

(Pub. L. 104-142, title I, Sec. 102, May 13, 1996, 110 Stat. 1332.)

-End-

-CITE-

42 USC Sec. 14322 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES

-HEAD-

Sec. 14322. Rechargeable consumer products and labeling

-STATUTE-

(a) Prohibition

(1) In general

No person shall sell for use in the United States a regulated

battery that is ready for retail sale or a rechargeable consumer

product that is ready for retail sale, if such battery or product

was manufactured on or after the date 12 months after May 13,

1996, unless the labeling requirements of subsection (b) of this

section are met and, in the case of a regulated battery, the

regulated battery -

(A) is easily removable from the rechargeable consumer

product; or

(B) is sold separately.

(2) Application

Paragraph (1) does not apply to any of the following:

(A) The sale of a remanufactured product unit unless

paragraph (1) applied to the sale of the unit when originally

manufactured.

(B) The sale of a product unit intended for export purposes

only.

(b) Labeling

Each regulated battery or rechargeable consumer product without

an easily removable battery manufactured on or after the date that

is 1 year after May 13, 1996, whether produced domestically or

imported shall bear the following labels:

(1) 3 chasing arrows or a comparable recycling symbol.

(2)(A) On each regulated battery which is a nickel-cadmium

battery, the chemical name or the abbreviation "Ni-Cd" and the

phrase "BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.".

(B) On each regulated battery which is a lead-acid battery,

"Pb" or the words "LEAD", "RETURN", and "RECYCLE" and if the

regulated battery is sealed, the phrase "BATTERY MUST BE

RECYCLED.".

(3) On each rechargeable consumer product containing a

regulated battery that is not easily removable, the phrase

"CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR

DISPOSED OF PROPERLY." or "CONTAINS SEALED LEAD BATTERY. BATTERY

MUST BE RECYCLED.", as applicable.

(4) On the packaging of each rechargeable consumer product, and

the packaging of each regulated battery sold separately from such

a product, unless the required label is clearly visible through

the packaging, the phrase "CONTAINS NICKEL-CADMIUM BATTERY.

BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." or "CONTAINS

SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED.", as applicable.

(c) Existing or alternative labeling

(1) Initial period

For a period of 2 years after May 13, 1996, regulated

batteries, rechargeable consumer products containing regulated

batteries, and rechargeable consumer product packages that are

labeled in substantial compliance with subsection (b) of this

section shall be deemed to comply with the labeling requirements

of subsection (b) of this section.

(2) Certification

(A) In general

On application by persons subject to the labeling

requirements of subsection (b) of this section or the labeling

requirements promulgated by the Administrator under subsection

(d) of this section, the Administrator shall certify that a

different label meets the requirements of subsection (b) or (d)

of this section, respectively, if the different label -

(i) conveys the same information as the label required

under subsection (b) or (d) of this section, respectively; or

(ii) conforms with a recognized international standard that

is consistent with the overall purposes of this subchapter.

(B) Constructive certification

Failure of the Administrator to object to an application

under subparagraph (A) on the ground that a different label

does not meet either of the conditions described in

subparagraph (A)(i) or (ii) within 120 days after the date on

which the application is made shall constitute certification

for the purposes of this chapter.

(d) Rulemaking authority of Administrator

(1) In general

If the Administrator determines that other rechargeable

batteries having electrode chemistries different from regulated

batteries are toxic and may cause substantial harm to human

health and the environment if discarded into the solid waste

stream for land disposal or incineration, the Administrator may,

with the advice and counsel of State regulatory authorities and

manufacturers of rechargeable batteries and rechargeable consumer

products, and after public comment -

(A) promulgate labeling requirements for the batteries with

different electrode chemistries, rechargeable consumer products

containing such batteries that are not easily removable

batteries, and packaging for the batteries and products; and

(B) promulgate requirements for easy removability of

regulated batteries from rechargeable consumer products

designed to contain such batteries.

(2) Substantial similarity

The regulations promulgated under paragraph (1) shall be

substantially similar to the requirements set forth in

subsections (a) and (b) of this section.

(e) Uniformity

After the effective dates of a requirement set forth in

subsection (a), (b), or (c) of this section or a regulation

promulgated by the Administrator under subsection (d) of this

section, no Federal agency, State, or political subdivision of a

State may enforce any easy removability or environmental labeling

requirement for a rechargeable battery or rechargeable consumer

product that is not identical to the requirement or regulation.

(f) Exemptions

(1) In general

With respect to any rechargeable consumer product, any person

may submit an application to the Administrator for an exemption

from the requirements of subsection (a) of this section in

accordance with the procedures under paragraph (2). The

application shall include the following information:

(A) A statement of the specific basis for the request for the

exemption.

(B) The name, business address, and telephone number of the

applicant.

(2) Granting of exemption

Not later than 60 days after receipt of an application under

paragraph (1), the Administrator shall approve or deny the

application. On approval of the application the Administrator

shall grant an exemption to the applicant. The exemption shall be

issued for a period of time that the Administrator determines to

be appropriate, except that the period shall not exceed 2 years.

The Administrator shall grant an exemption on the basis of

evidence supplied to the Administrator that the manufacturer has

been unable to commence manufacturing the rechargeable consumer

product in compliance with the requirements of this section and

with an equivalent level of product performance without the

product -

(A) posing a threat to human health, safety, or the

environment; or

(B) violating requirements for approvals from governmental

agencies or widely recognized private standard-setting

organizations (including Underwriters Laboratories).

(3) Renewal of exemption

A person granted an exemption under paragraph (2) may apply for

a renewal of the exemption in accordance with the requirements

and procedures described in paragraphs (1) and (2). The

Administrator may grant a renewal of such an exemption for a

period of not more than 2 years after the date of the granting of

the renewal.

-SOURCE-

(Pub. L. 104-142, title I, Sec. 103, May 13, 1996, 110 Stat. 1332.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14302, 14306 of this

title.

-End-

-CITE-

42 USC Sec. 14323 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER II - RECYCLING OF RECHARGEABLE BATTERIES

-HEAD-

Sec. 14323. Requirements

-STATUTE-

(a) Batteries subject to certain regulations

The collection, storage, or transportation of used rechargeable

batteries, batteries described in section 14302(5)(C) of this title

or in subchapter III of this chapter, and used rechargeable

consumer products containing rechargeable batteries that are not

easily removable rechargeable batteries, shall, notwithstanding any

law of a State or political subdivision thereof governing such

collection, storage, or transportation, be regulated under

applicable provisions of the regulations promulgated by the

Environmental Protection Agency at 60 Fed. Reg. 25492 (May 11,

1995), as effective on May 11, 1995, except as provided in

paragraph (2) of subsection (b) of this section and except that -

(1) the requirements of 40 CFR 260.20, 260.40, and 260.41 and

the equivalent requirements of an approved State program shall

not apply, and

(2) this section shall not apply to any lead acid battery

managed under 40 CFR 266 subpart G or the equivalent requirements

of an approved State program.

(b) Enforcement under Solid Waste Disposal Act

(1) Any person who fails to comply with the requirements imposed

by subsection (a) of this section may be subject to enforcement

under applicable provisions of the Solid Waste Disposal Act [42

U.S.C. 6901 et seq.].

(2) States may implement and enforce the requirements of

subsection (a) of this section if the Administrator finds that -

(A) the State has adopted requirements that are identical to

those referred to in subsection (a) of this section governing the

collection, storage, or transportation of batteries referred to

in subsection (a) of this section; and

(B) the State provides for enforcement of such requirements.

-SOURCE-

(Pub. L. 104-142, title I, Sec. 104, May 13, 1996, 110 Stat. 1335.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (b)(1), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14304, 14306 of this

title.

-End-

-CITE-

42 USC SUBCHAPTER III - MANAGEMENT OF BATTERIES

CONTAINING MERCURY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 14304, 14323 of this

title.

-End-

-CITE-

42 USC Sec. 14331 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

Sec. 14331. Purpose

-STATUTE-

The purpose of this subchapter is to phase out the use of

batteries containing mercury.

-SOURCE-

(Pub. L. 104-142, title II, Sec. 202, May 13, 1996, 110 Stat.

1336.)

-End-

-CITE-

42 USC Sec. 14332 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

Sec. 14332. Limitations on sale of alkaline-manganese batteries

containing mercury

-STATUTE-

No person shall sell, offer for sale, or offer for promotional

purposes any alkaline-manganese battery manufactured on or after

May 13, 1996, with a mercury content that was intentionally

introduced (as distinguished from mercury that may be incidentally

present in other materials), except that the limitation on mercury

content in alkaline-manganese button cells shall be 25 milligrams

of mercury per button cell.

-SOURCE-

(Pub. L. 104-142, title II, Sec. 203, May 13, 1996, 110 Stat.

1336.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14333 of this title.

-End-

-CITE-

42 USC Sec. 14333 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

Sec. 14333. Limitations on sale of zinc-carbon batteries containing

mercury

-STATUTE-

No person shall sell, offer for sale, or offer for promotional

purposes any zinc-carbon battery manufactured on or after May 13,

1996, that contains mercury that was intentionally introduced as

described in section 14332 of this title.

-SOURCE-

(Pub. L. 104-142, title II, Sec. 204, May 13, 1996, 110 Stat.

1336.)

-End-

-CITE-

42 USC Sec. 14334 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

Sec. 14334. Limitations on sale of button cell mercuric-oxide

batteries

-STATUTE-

No person shall sell, offer for sale, or offer for promotional

purposes any button cell mercuric-oxide battery for use in the

United States on or after May 13, 1996.

-SOURCE-

(Pub. L. 104-142, title II, Sec. 205, May 13, 1996, 110 Stat.

1336.)

-End-

-CITE-

42 USC Sec. 14335 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

Sec. 14335. Limitations on sale of other mercuric-oxide batteries

-STATUTE-

(a) Prohibition

On or after May 13, 1996, no person shall sell, offer for sale,

or offer for promotional purposes a mercuric-oxide battery for use

in the United States unless the battery manufacturer, or the

importer of such a battery -

(1) identifies a collection site in the United States that has

all required Federal, State, and local government approvals, to

which persons may send used mercuric-oxide batteries for

recycling or proper disposal;

(2) informs each of its purchasers of mercuric-oxide batteries

of the collection site identified under paragraph (1); and

(3) informs each of its purchasers of mercuric-oxide batteries

of a telephone number that the purchaser may call to get

information about sending mercuric-oxide batteries for recycling

or proper disposal.

(b) Application of section

This section does not apply to a sale or offer of a

mercuric-oxide button cell battery.

-SOURCE-

(Pub. L. 104-142, title II, Sec. 206, May 13, 1996, 110 Stat.

1336.)

-End-

-CITE-

42 USC Sec. 14336 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 137 - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES

CONTAINING MERCURY

SUBCHAPTER III - MANAGEMENT OF BATTERIES CONTAINING MERCURY

-HEAD-

Sec. 14336. New product or use

-STATUTE-

On petition of a person that proposes a new use for a battery

technology described in this subchapter or the use of a battery

described in this subchapter in a new product, the Administrator

may exempt from this subchapter the new use of the technology or

the use of such a battery in the new product on the condition, if

appropriate, that there exist reasonable safeguards to ensure that

the resulting battery or product without an easily removable

battery will not be disposed of in an incinerator, composting

facility, or landfill (other than a facility regulated under

subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et

seq.)).

-SOURCE-

(Pub. L. 104-142, title II, Sec. 207, May 13, 1996, 110 Stat.

1336.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in text, is title II of

Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally

by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C

of the Act is classified generally to subchapter III (Sec. 6921 et

seq.) of chapter 82 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

6901 of this title and Tables.

-End-