§ 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.)