Removal And Labeling Requirements - - CA Public Resources

Section § 15013

This law, effective from January 1, 1995, requires that rechargeable consumer products sold in California must meet specific criteria. They must have easily removable batteries or battery packs, proper labeling, a brand name, and recycling disposal instructions in the manual. Starting July 1, 1994, these items also need clear labels showing the battery's chemical content and statements highlighting the need for proper recycling or disposal. The labels must be easily visible and use contrasting colors for clarity.

No local government in California can enforce different environmental labeling standards. The board may create similar rules for other battery types, and violations of this section are misdemeanors.

(a) On and after January 1, 1995, no person shall sell or offer for sale in this state any rechargeable consumer product unless the product meets all of the following requirements:

(1) The rechargeable battery is easily removable from the rechargeable consumer product or is contained in a battery pack that is easily removable from, the product.

(2) The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (b).

(3) The rechargeable battery, battery pack, or rechargeable consumer product, if the product has a nonremovable rechargeable battery, has a brand name affixed to it.

(4) The instruction manual for the rechargeable consumer product includes information regarding the proper recycling or disposal of the used rechargeable battery.

(b) On and after July 1, 1994, each rechargeable battery, consumer product package containing a rechargeable battery or battery pack, and the package for each such item, which is sold or offered for sale in this state, shall meet all of the following requirements:

(1) Be labeled in a conspicuous manner that is visible to consumers.

(2) Include the chemical name or the standard abbreviation for the chemical composition of the battery or battery pack.

(3) Contain the following statement:

(A) On each easily removable battery or easily removable battery pack: “NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY.” OR “SEALED LEAD BATTERY. MUST BE RECYCLED OR DISPOSED OF PROPERLY.”

(B) On each rechargeable consumer product, granted an exemption pursuant to Section 15014, without an easily removable battery or battery pack: “CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” OR “CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.”

(C) On the packaging of each rechargeable consumer product, rechargeable battery, or battery pack, unless the specified label is clearly visible through the packaging: “CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” OR “CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.”

(4) The label and messages specified in paragraphs (1), (2), and (3) shall use contrasting colors to differentiate the label message and background to enhance readability.

(5) No political subdivision of this state may enact or enforce any environmental labeling requirement for a rechargeable battery or battery pack, or a rechargeable consumer product, that is not identical to the labeling requirements contained in this subdivision or any regulations adopted by the board pursuant to this subdivision.

(c) The board may adopt regulations that require substantially similar labeling requirements for rechargeable batteries with chemistries that are different from those covered by subdivision (a) and the battery packs and products containing those batteries. Any regulations shall be adopted, amended, or repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d) Any violation of this section is a misdemeanor.

rechargeable consumer products removable batteries battery labeling recycling instructions chemical composition labeling visible labels contrasting colors environmental labeling local government restrictions battery disposal battery brand name misdemeanor violation regulatory authority battery pack packaging California environmental regulations

(Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)

Section § 15014

This law allows manufacturers of rechargeable batteries or products to apply for a temporary exemption from certain requirements. To get this exemption, they must submit an application explaining why they can't comply without endangering health or violating standards. The board must decide on the application within 60 days, and any exemption granted can't last more than two years. Applications should detail the reason for the exemption and provide the applicant’s contact information. If the technology progresses, extension requests will only be considered if others haven't solved the issue. Extensions are possible up to three times, with each lasting up to two years.

(a) Any manufacturer of, or any manufacturer trade organization with respect to, any rechargeable battery or rechargeable consumer product may submit an application to the board for an exemption from the requirements of paragraph (1) of subdivision (a) of Section 51013 in accordance with the procedures prescribed in subdivision (b). Within 60 days of receipt of an application for an exemption, the board shall either approve or deny the request. The exemption shall be issued for a period that is determined to be appropriate by the board, but shall not exceed two years.

(b) The application for an exemption shall include both of the following:

(1) A statement of the specified basis for the exemption.

(2) The name, business address, and telephone number of the applicant.

(c) The board shall grant the exemption if the board finds that the manufacturer has been unable to commence manufacture of the rechargeable consumer product in compliance with this chapter and with an equivalent level of product performance without causing either of the following:

(1) Danger to human health and safety or to the environment.

(2) Violation of requirements for approvals from governmental agencies or the Underwriters Laboratories or a similar widely recognized private standard-setting organization.

(d) The board may, by regulation, establish an application fee in an amount sufficient to offset the cost of processing requests for exemptions.

(e) A manufacturer or manufacturer trade organization granted an exemption may apply for an extension of the exemption in accordance with the requirements and procedures in subdivisions (b) and (c). However, in considering an extension of any exemption, the board shall evaluate whether other rechargeable consumer product manufacturers have developed technology or methods that permit access to the rechargeable battery in the same or similar type application. The board may grant up to three extensions of not more than two years each after the date of the original exemption.

rechargeable batteries exemption application health and safety risks environmental danger compliance challenge product performance government approvals Underwriters Laboratories standard-setting organization application fee exemption extension technology development manufacturer challenges temporary exemption board evaluation

(Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)

Section § 15016

This law states that if a person or business takes steps to increase the recycling of rechargeable batteries or battery packs, it won't be considered illegal under two specific California laws: the Cartwright Act and the Unfair Practices Act. Basically, making efforts to recycle more batteries is encouraged and protected from being seen as unfair business practices.

Any action solely to increase the recycling of rechargeable batteries or battery packs by any person or entity that affects the types or quantities being recycled, or the cost and structure of any return program, pursuant to this chapter is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) or the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code).

recycling rechargeable batteries battery packs increase recycling Cartwright Act exemption Unfair Practices Act exemption return program structure recycling incentives environmental protection waste reduction business compliance recycling initiatives battery disposal environmental law trade regulation

(Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)

Section § 15018

This law deals with how used rechargeable batteries and items containing them should be handled. If you're involved in taking these batteries back for recycling or proper disposal, you must follow certain rules set out in the Health and Safety Code.

For purposes of carrying out the collection, storage, transportation, and recycling of used rechargeable batteries or consumer products containing used rechargeable batteries, persons involved in returning used rechargeable batteries or consumer products containing used rechargeable batteries to a facility for recycling or proper disposal shall be subject to Section 25201 or 25216.1 of the Health and Safety Code or any successor section.

used rechargeable batteries battery recycling consumer products recycling facility battery disposal battery collection battery storage battery transportation environmental safety Health and Safety Code battery return procedures proper disposal recycling compliance battery waste management hazardous waste regulations

(Added by Stats. 1993, Ch. 816, Sec. 2. Effective January 1, 1994.)