The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 168 : Product Stewardship for Primary Batteries and Rechargeable Batteries

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.)