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Subchapter 001: DEFINITIONS
§ 7581. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2)(A) “Battery-containing product” means an electronic product that contains primary or
rechargeable batteries that are easily removable or is packaged with rechargeable
or primary batteries.
(B) A “battery-containing product” does not include an electronic product regulated under
an approved plan implemented under chapter 166 of this title.
(C) A “battery-containing product” does not include an electronic product if:
(i) the only batteries contained in or supplied with the battery- containing product are
supplied by a producer that has joined a registered battery stewardship organization
as the producer for that covered battery; and
(ii) the producer of the covered batteries that are included in a battery-containing product
provides a written certification of that membership to both the producer of the battery-containing
product containing one or more covered batteries and the battery stewardship organization
of which the battery producer is a member.
(3) “Brand” means a name, symbol, word, or traceable mark that identifies a primary or
rechargeable battery and attributes the battery to the owner or licensee of the brand
as the producer.
(4) “Calendar year” means the period commencing January 1 and ending December 31 of the
same year.
(5) “Collection rate” means a percentage by weight that each producer or battery stewardship
organization collects by an established date. The collection rate shall be calculated
by dividing the total weight of the batteries that are collected during a calendar
year by the average annual weight of batteries that were estimated to have been sold
in the State by participating producers during the previous three calendar years.
Estimates of batteries sold in the State may be based on a reasonable pro rata calculation
based on national sales.
(6) “Covered battery” means a primary battery or rechargeable battery.
(7) “Covered entity” means a person who presents to a collection facility or event that
is included in an approved collection plan any number of covered batteries.
(8) “Damaged and defective lithium battery” means a lithium battery that has been damaged
or is defective for safety reasons or that has the potential of producing a dangerous
evolution of heat, fire, or short circuit, as referred to in 49 C.F.R. § 173.185(f) or as updated by the Secretary by rule to maintain consistency with federal standards.
(9) “Easily removable” means the battery is readily detachable from a product by a person
without the use of tools or with the use of common household tools.
(10) “Participate” means to appoint a battery stewardship organization to operate on behalf
of oneself and to have that appointment accepted by the stewardship organization.
(11) “Primary battery” means a nonrechargeable battery weighing 4.4 pounds or less, including
alkaline, silver oxide, zinc air, carbon-zinc, and lithium metal batteries. Beginning
on January 1, 2026, “primary battery” includes a nonrechargeable battery weighing
more than 4.4 pounds but not more than 25 pounds. “Primary battery” does not mean:
(A) a battery that is not easily removable from a battery-containing product; or
(B) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale
at retail locations for personal use.
(12) “Battery producer,” “battery-containing product producer,” or “producer” means one
of the following with regard to a battery or battery-containing product that is sold
or offered for sale in the State:
(A) a person who manufactures a battery or battery-containing product and who sells or
offers for sale that battery or battery-containing product in the State under the
person’s own name or brand;
(B) if subdivision (A) of this subdivision (12) does not apply, a person who owns or licenses
a trademark or brand under which a battery or battery-containing product is sold or
offered for sale whether or not the trademark is registered; or
(C) if subdivisions (A) and (B) of this subdivision (12) do not apply, a person who imports
a battery or battery-containing product into the State for sale.
(13) “Battery stewardship organization” means an organization appointed by one or more
producers to act as an agent on behalf of a producer or producers to design, submit,
implement, and administer a battery stewardship plan under this chapter.
(14) “Battery stewardship plan” or “plan” means a plan submitted to the Secretary pursuant
to section 7584 of this title by an individual producer or a battery stewardship organization.
(15) “Program” or “stewardship program” means the system for the collection, transportation,
recycling, and disposal of batteries implemented pursuant to an approved battery stewardship
plan.
(16)(A) “Rechargeable battery” means:
(i) one or more voltaic or galvanic cells, electrically connected to produce electric
energy and designed to be recharged;
(ii) weighing not more than 25 pounds; or
(iii) having a watt-hour rating of not more than 2,000 watt-hours.
(B) “Rechargeable battery” does not mean:
(i) a battery that is not easily removable from a battery-containing product;
(ii) a battery that contains electrolyte as a free liquid;
(iii) a battery that employs lead-acid technology, unless the battery:
(I) is sealed;
(II) contains no liquid electrolyte; and
(III) weighs not more than 11 pounds;
(iv) a battery recalled by the producer for safety reasons; or
(v) a battery contained within a medical device, as specified in 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and marketed for sale or resale
principally at retail for personal use.
(17) “Recycling” means any process by which discarded products, components, and byproducts
are transformed into new usable or marketable materials in a manner in which the original
products may lose their identity, but does not include energy recovery or energy generation
by means of combusting discarded products, components, and byproducts with or without
other waste products.
(18) “Retailer” means a person who offers a covered battery or battery-containing product
for sale in the State through any means, including remote offerings such as sales
outlets, catalogues, or an internet website.
(19) “Secretary” means the Secretary of Natural Resources. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
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Subchapter 002: BATTERY STEWARDSHIP PROGRAM
§ 7582. Sale of primary batteries, rechargeable batteries, and battery-containing products
(a) Sale prohibited. Except as set forth under subsection (b) of this section, a producer
of a primary battery, of a rechargeable battery, or of a battery-containing product
shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary
battery, a rechargeable battery, or a battery-containing product unless:
(1) the producer or the battery stewardship organization in which the producer is participating
is registered under an approved and implemented battery stewardship plan;
(2) the producer or battery stewardship organization has paid the fee under section 7594 of this title; and
(3) the name of the producer and the producer’s brand are designated on the Agency website
as covered by an approved battery stewardship plan.
(b) New producers.
(1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for
sale, or offer for promotional purposes in the State a primary battery not previously
sold in State shall notify the Secretary prior to selling or offering for sale or
promotion a primary battery not covered by an approved battery stewardship plan.
(2) A producer of a rechargeable battery or battery-containing product who, after January
1, 2026, seeks to sell, offer for sale, or offer for promotional purposes in the State
a rechargeable battery or battery-containing product not previously sold in State
shall notify the Secretary prior to selling or offering for sale or promotion a rechargeable
battery or battery-containing product not covered by an approved battery stewardship
plan.
(3) The Secretary shall list a producer who supplies notice under this subsection as a
“new producer” on the Agency’s website. A producer that supplies notice under this
subsection shall have 90 days, not including the time required for public comment
under subsection 7586(c) of this section, to either join an existing battery stewardship
organization or submit a battery stewardship plan for approval to the State. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7583. Battery stewardship organization; requirements; registration
(a) Participation in a battery stewardship organization. A producer of covered batteries
or battery-containing products may meet the requirements of this chapter by participating
in a battery stewardship organization that undertakes the producer’s responsibilities
under sections 7582, 7584, and 7585 of this title.
(b) Qualifications for a battery stewardship organization. To qualify as a battery stewardship
organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of all producers
participating in the battery stewardship organization;
(2) not create unreasonable barriers for participation by producers in the battery stewardship
organization; and
(3) maintain a public website that lists all producers and producers’ brands covered by
the battery stewardship organization’s approved collection plan.
(c) Registration requirements.
(1) Annually, a battery stewardship organization shall file a registration form with the
Secretary. The Secretary shall provide the registration form to a battery stewardship
organization. The registration form shall require submission of the following information:
(A) a list of the producers participating in the battery stewardship organization;
(B) the name, address, and contact information of a person responsible for ensuring a
producer’s compliance with this chapter;
(C) a description of how the battery stewardship organization proposes to meet the requirements
of subsection (a) of this section, including any reasonable requirements for participation
in the battery stewardship organization; and
(D) the name, address, and contact information of a person for a nonmember manufacturer
to contact on how to participate in the battery stewardship organization to satisfy
the requirements of this chapter.
(2) A renewal of a registration without changes may be accomplished through notifying
the Secretary on a form provided by the Secretary. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7584. Battery stewardship plan
(a) Battery stewardship plan required. Each producer selling, offering for sale, distributing, or offering for promotional
purposes a primary battery, a rechargeable battery, or a battery-containing product
in the State shall individually or as part of a battery stewardship organization submit
a battery stewardship plan to the Secretary for review.
(b) Battery stewardship plan; minimum requirements. Each battery stewardship plan shall include, at a minimum, all of the following elements:
(1) List of producers and brands. Each battery stewardship plan shall list:
(A) all participating producers and contact information for each of the participating
producers; and
(B) the brands of batteries or battery-containing products covered by the plan.
(2) Free collection. Each battery stewardship plan shall provide for the collection of covered batteries
from covered entities at no cost to covered entities. A producer shall not refuse
the collection of a covered battery based on the brand or producer of the battery.
(3) Collection; convenience. Except for damaged and defective lithium batteries and lithium-ion batteries with
over 300 watt-hours, each battery stewardship plan shall:
(A) Allow all retailers, all municipalities, certified solid waste management facilities,
and certified salvage yards that meet requirements specified in the plan to opt in
to be a collection facility.
(B) Provide, at a minimum, not fewer than two collection facilities in each county in
the State that provide for collection throughout the year.
(C) Provide for the acceptance of up to 100 batteries per visit. A collection facility
may agree to accept more than 100 batteries per visit.
(4) Collection of damaged and defective lithium batteries and lithium- ion batteries with
over 300 watt-hours. Each battery stewardship plan shall:
(A) allow any certified solid waste facility to collect damaged and defective lithium
batteries and lithium-ion batteries with over 300 watt-hours, provided that facility
can meet the safety requirements as outlined in the stewardship plan;
(B) include how the program will provide packaging consistent with the requirements found
in the U.S. Department of Transportation Hazardous Materials Regulations and the necessary
forms and instructions for the safe transportation of damaged or defective lithium
batteries and lithium-ion batteries with over 300 watt-hours at no cost to certified
solid waste facilities; and
(C) unless otherwise approved by the Secretary, provide throughout the year not fewer
than two collection facilities, at a minimum, in each county in the State for the
collection of damaged and defective lithium batteries and lithium-ion batteries with
over 300 watt-hours.
(5) Method of disposition. Each battery stewardship plan shall include a description of the method that will
be used to responsibly manage discarded batteries to ensure that the components of
the discarded batteries, to the extent economically and technically feasible, are
recycled.
(6) Roles and responsibilities. A battery stewardship plan shall list all key participants in the battery collection
chain, including:
(A) the number and name of the collection facilities accepting the batteries to be collected
under the plan, including the address and contact information for each facility;
(B) the name and contact information of a transporter or contractor collecting batteries
from collection facilities; and
(C) the name, address, and contact information of the recycling facilities that process
the collected batteries.
(7) Education and outreach. A battery stewardship plan shall include an education and outreach program. The education
and outreach program may include mass media advertising in radio or television broadcasts
newspaper publications of general circulation in the State, retail displays, articles
in trade and other journals and publications, social media and internet sites, and
other public educational efforts. The education and outreach program shall describe
the outreach procedures that will be used to provide notice of the program to businesses,
municipalities, certified solid waste management facilities, retailers, wholesalers,
and haulers. At a minimum, the education and outreach program shall notify the public
of the following:
(A) that there is a free collection program for all batteries; and
(B) the location of collection points and how to access the collection program.
(8) Reimbursement. A battery stewardship plan shall include a reimbursement procedure that is consistent
with the requirements of subchapter 4 of this chapter.
(9) Performance goal; collection rate. A battery stewardship plan shall include a collection rate performance goal for the
primary batteries and rechargeable batteries subject to the plan. The collection rate
includes the estimated total weight of primary batteries and rechargeable batteries
that will be sold or offered for sale in the State by the producer or the producers
participating in the battery stewardship plan.
(10) Safety training. A battery stewardship plan shall describe how it shall provide safety training for
collection locations, including handling damaged and defective lithium batteries and
lithium-ion batteries with over 300 watt-hours.
(11) Fair compensation. Each battery stewardship plan shall provide a description of how municipalities and
certified solid waste management facilities acting as battery collection facilities
for the program shall be fairly compensated for labor and material costs associated
with collecting, sorting, storing, and shipping batteries.
(c) Implementation.
(1) A producer or a battery stewardship organization shall implement the collection plan
not later than six months after the date of a final decision by the Secretary on the
adequacy of the collection plan.
(2) A producer or battery stewardship organization shall include provisions in the plan
for the implementation of the program in conjunction with those retailers, municipalities,
and certified solid waste management facilities acting as collection facilities under
a program. No transportation or recycling cost shall be imposed on retailers, municipalities,
or certified solid waste management facilities acting as collection facilities under
a program. A producer or a battery stewardship organization shall provide retailers,
municipalities, and certified solid waste management facilities acting as collection
facilities products or equipment for setting up a collection point and for providing
for the pickup of collected batteries, including arranging for the management of those
batteries. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7585. Annual report; plan audit
(a) Annual report. Annually, a battery producer or a battery stewardship organization shall submit a
report to the Secretary that contains the following:
(1) the weight of covered batteries collected by chemistry by the producer or the battery
stewardship organization in the prior calendar year;
(2) the percentage of covered batteries collected in the prior calendar year that are
from producers who are not participating in any approved stewardship plan, based on
periodic sorting of batteries by the reporting producer;
(3) the collection rate achieved in the prior calendar year under the battery stewardship
plan, including a report of the estimated total sales data by weight for covered batteries
sold in the State for the previous three calendar years;
(4) the locations for all collection points set up by the battery stewardship plan and
contact information for each location;
(5) examples and description of educational materials used to increase collection;
(6) the manner in which the collected covered batteries were managed;
(7) any material change to the battery stewardship plan approved by the Secretary pursuant
to section 7586 of this title; and
(8) the cost of implementation of the battery stewardship plan, including the costs of
collection, recycling, education, and outreach.
(b) Plan audit. After five years of implementation of an approved battery stewardship plan, a covered
battery producer or battery stewardship organization shall hire an independent third
party to conduct a one-time audit of the battery stewardship plan and plan operation.
The auditor shall examine the effectiveness of the battery stewardship plan in collecting
and recycling covered batteries. The independent auditor shall examine the cost-effectiveness
of the plan and compare it to that of collection plans or programs for covered batteries
in other jurisdictions. The independent auditor shall submit the results of the audit
to the Secretary as part of the annual report required under subsection (a) of this
section. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7586. Agency responsibilities; approval of plans
(a) Approval of plan. Within 90 days after receipt of a proposed battery stewardship plan, not including
the time required for public comment under chapter 170 of this title, the Secretary
shall determine whether the plan complies with the requirements of section 7584 of this title. If the Secretary determines that a plan complies with the requirements of section 7584 of this title, the Secretary shall notify the applicant of the plan approval in writing. If the
Secretary rejects a battery stewardship plan, the Secretary shall notify the applicant
in writing of the reasons for rejecting the plan. An applicant whose plan is rejected
by the Secretary shall submit a revised plan to the Secretary within 45 days following
receiving notice of rejection. A battery stewardship plan that is not approved or
rejected by the Secretary within 90 days, not including the time required for public
comment under chapter 170 of this title, following submission by a producer shall
be deemed approved.
(b) Plan amendment; changes. Any changes to a proposed battery stewardship plan shall be approved by the Secretary
in writing. The Secretary, in the Secretary’s discretion or at the request of a producer,
may require a producer or a battery stewardship organization to amend an approved
plan.
(c) Public review. When the Secretary receives a request to approve or amend a battery stewardship plan
under this subchapter, the Secretary shall proceed in accordance with chapter 170
of this title.
(d) [Repealed.]
(e) Registrations. The Secretary shall accept, review, and approve or deny battery stewardship organization
registrations submitted under section 7583 of this title.
(f) Agency website. The Secretary shall maintain a website that includes a copy of all approved battery
stewardship plans, the names of producers with approved plans, participation in approved
plans, or other compliance with this chapter. The website shall list all of an approved
primary battery producer’s, rechargeable battery producer’s, and battery-containing
product producer’s brands covered by a battery stewardship plan filed with the Secretary.
The Secretary shall update information on the website within 10 days following receipt
of notice of any change to the listed information. The website shall list all known
primary battery producers, rechargeable battery producers, and battery-containing
product producers exempt from the requirements of this chapter under subsection 7582(c) of this title.
(g) Term of battery stewardship plan. A battery stewardship plan approved by the Secretary under this section shall have
a term not to exceed five years, provided that the battery producer or battery stewardship
organization remains in compliance with the requirements of this chapter and the terms
of the approved plan. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2015, No. 150 (Adj. Sess.), § 31, eff. Jan. 1, 2018; 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7587. Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A. § 7587 effective January 1, 2026, set out below]
(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer
for sale a primary battery on or after January 1, 2016 unless the producer of the
primary battery is implementing an approved primary battery stewardship plan, is a
member of a primary battery stewardship organization implementing an approved primary
battery stewardship plan, or is exempt from participation in an approved plan, as
determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.
(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under
this subsection if:
(1) the retailer purchased the primary battery prior to January 1, 2016 and sells the
primary battery on or before January 1, 2017; or
(2) the producer’s primary battery stewardship plan expired or was revoked, and the retailer
took possession of the in-store inventory of primary batteries prior to the expiration
or revocation of the producer’s primary battery stewardship plan.
(c) Educational material. A producer or primary battery stewardship organization supplying primary batteries
to a retailer shall provide the retailer with educational materials describing collection
opportunities for primary batteries. The retailer shall make the educational materials
available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
§ 7587. Retailer obligations [Effective January 1, 2026; see also 10 V.S.A. § 7587 effective until January 1, 2026]
(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or
offer for sale a primary battery, rechargeable battery, or battery-containing product
on or after January 1, 2026 unless the producer of the primary battery, rechargeable
battery, or battery-containing product is implementing an approved battery stewardship
plan, is a member of a battery stewardship organization implementing an approved battery
stewardship plan, or is exempt from participation in an approved plan, as determined
by review of the producers listed on the Agency website required in subsection 7586(f) of this title.
(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery, rechargeable
battery, or battery-containing product under this subsection if:
(1) the retailer purchased the primary battery weighing 4.4 pounds or less prior to January
1, 2016 and sells the primary battery on or before January 1, 2017;
(2) the retailer purchased the primary battery weighing more than 4.4. pounds, battery-containing
product, or rechargeable battery, prior to January 1, 2026 and sells the primary battery,
battery-containing product, or rechargeable battery on or before January 1, 2027;
or
(3) the producer’s battery stewardship plan expired or was revoked, and the retailer took
possession of the in-store inventory of primary batteries, rechargeable batteries,
or battery-containing products prior to the expiration or revocation of the producer’s
battery stewardship plan.
(c) Educational material. A producer or battery stewardship organization supplying covered batteries to a retailer
shall provide the retailer with educational materials describing collection opportunities
for primary batteries and rechargeable batteries. The retailer shall make the educational
materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. January 1, 2026.)
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Subchapter 006: GENERAL PROVISIONS
§ 7592. Confidentiality of submitted data
(a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection
and copying, provided that:
(1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A.
chapter 143, or under the trade secret exemption under 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under the Public Records Act.
(2) The Secretary may publish information confidential under subdivision (1) of this subsection
in a summary or aggregated form that does not directly or indirectly identify individual
producers, battery stewards, distributors, or retailers.
(b) Omission of trade secret information. The Secretary may require, as a part of a report submitted under this chapter, that
the producer or battery stewardship organization submit a report that does not contain
trade secret information and is available for public inspection and review.
(c) Total weight of batteries. The total weight of batteries collected under an approved battery stewardship plan
is not confidential business information under the Uniform Trade Secrets Act, as codified
under 9 V.S.A. chapter 143, and shall be subject to inspection and review under the
Public Records Act, 1 V.S.A chapter 5, subchapter 3. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7593. Antitrust; conduct authorized
(a) Activity authorized. A producer, group of producers, or a battery stewardship organization implementing
or participating in an approved battery stewardship plan under this chapter for the
collection, transport, processing, and end-of-life management of primary batteries
and rechargeable batteries is individually or jointly immune from liability for the
conduct under State laws relating to antitrust, restraint of trade, unfair trade practices,
and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1,
to the extent that the conduct is reasonably necessary to plan, implement, and comply
with the producer’s, group of producers’, or battery stewardship organization’s chosen
system for managing discarded primary batteries and rechargeable batteries. This subsection
shall also apply to conduct of a retailer or wholesaler participating in a producer
or battery stewardship organization’s approved battery stewardship plan when the conduct
is necessary to plan and implement the producer’s or battery stewardship organization’s
organized collection or recycling system for discarded batteries.
(b) Limitations on anti-trust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups
of producers, retailers, wholesalers, or battery stewardship organizations affecting
the price of primary batteries or rechargeable batteries or any agreement restricting
the geographic area in which, or customers to whom, primary batteries or rechargeable
batteries shall be sold. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7594. Administrative fee
(a) Fees assessed. A battery producer or battery stewardship organization shall pay a fee of $15,000.00
annually for operation under a battery stewardship plan approved by the Secretary
under section 7586 of this title.
(b) Disposition of fees. The fees collected under subsection (a) of this section shall be deposited in the
Environmental Permit Fund under 3 V.S.A. § 2805. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 7595. Rulemaking; procedure
The Secretary may adopt rules or procedures to implement the requirements of this
chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)