The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 168 : Product Stewardship for Primary Batteries and Rechargeable Batteries

Subchapter 006 : GENERAL PROVISIONS

• § 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.)