
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14322]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 137--MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES 
                           CONTAINING MERCURY
 
           SUBCHAPTER II--RECYCLING OF RECHARGEABLE BATTERIES
 
Sec. 14322. Rechargeable consumer products and labeling


(a) Prohibition

                           (1) In general

        No person shall sell for use in the United States a regulated 
    battery that is ready for retail sale or a rechargeable consumer 
    product that is ready for retail sale, if such battery or product 
    was manufactured on or after the date 12 months after May 13, 1996, 
    unless the labeling requirements of subsection (b) of this section 
    are met and, in the case of a regulated battery, the regulated 
    battery--
            (A) is easily removable from the rechargeable consumer 
        product; or
            (B) is sold separately.

                           (2) Application

        Paragraph (1) does not apply to any of the following:
            (A) The sale of a remanufactured product unit unless 
        paragraph (1) applied to the sale of the unit when originally 
        manufactured.
            (B) The sale of a product unit intended for export purposes 
        only.

(b) Labeling

    Each regulated battery or rechargeable consumer product without an 
easily removable battery manufactured on or after the date that is 1 
year after May 13, 1996, whether produced domestically or imported shall 
bear the following labels:
        (1) 3 chasing arrows or a comparable recycling symbol.
        (2)(A) On each regulated battery which is a nickel-cadmium 
    battery, the chemical name or the abbreviation ``Ni-Cd'' and the 
    phrase ``BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.''.
        (B) On each regulated battery which is a lead-acid battery, 
    ``Pb'' or the words ``LEAD'', ``RETURN'', and ``RECYCLE'' and if the 
    regulated battery is sealed, the phrase ``BATTERY MUST BE 
    RECYCLED.''.
        (3) On each rechargeable consumer product containing a regulated 
    battery that is not easily removable, the phrase ``CONTAINS NICKEL-
    CADMIUM BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.'' 
    or ``CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED.'', as 
    applicable.
        (4) On the packaging of each rechargeable consumer product, and 
    the packaging of each regulated battery sold separately from such a 
    product, unless the required label is clearly visible through the 
    packaging, the phrase ``CONTAINS NICKEL-CADMIUM BATTERY. BATTERY 
    MUST BE RECYCLED OR DISPOSED OF PROPERLY.'' or ``CONTAINS SEALED 
    LEAD BATTERY. BATTERY MUST BE RECYCLED.'', as applicable.

(c) Existing or alternative labeling

                         (1) Initial period

        For a period of 2 years after May 13, 1996, regulated batteries, 
    rechargeable consumer products containing regulated batteries, and 
    rechargeable consumer product packages that are labeled in 
    substantial compliance with subsection (b) of this section shall be 
    deemed to comply with the labeling requirements of subsection (b) of 
    this section.

                          (2) Certification

        (A) In general

            On application by persons subject to the labeling 
        requirements of subsection (b) of this section or the labeling 
        requirements promulgated by the Administrator under subsection 
        (d) of this section, the Administrator shall certify that a 
        different label meets the requirements of subsection (b) or (d) 
        of this section, respectively, if the different label--
                (i) conveys the same information as the label required 
            under subsection (b) or (d) of this section, respectively; 
            or
                (ii) conforms with a recognized international standard 
            that is consistent with the overall purposes of this 
            subchapter.

        (B) Constructive certification

            Failure of the Administrator to object to an application 
        under subparagraph (A) on the ground that a different label does 
        not meet either of the conditions described in subparagraph 
        (A)(i) or (ii) within 120 days after the date on which the 
        application is made shall constitute certification for the 
        purposes of this chapter.

(d) Rulemaking authority of Administrator

                           (1) In general

        If the Administrator determines that other rechargeable 
    batteries having electrode chemistries different from regulated 
    batteries are toxic and may cause substantial harm to human health 
    and the environment if discarded into the solid waste stream for 
    land disposal or incineration, the Administrator may, with the 
    advice and counsel of State regulatory authorities and manufacturers 
    of rechargeable batteries and rechargeable consumer products, and 
    after public comment--
            (A) promulgate labeling requirements for the batteries with 
        different electrode chemistries, rechargeable consumer products 
        containing such batteries that are not easily removable 
        batteries, and packaging for the batteries and products; and
            (B) promulgate requirements for easy removability of 
        regulated batteries from rechargeable consumer products designed 
        to contain such batteries.

                     (2) Substantial similarity

        The regulations promulgated under paragraph (1) shall be 
    substantially similar to the requirements set forth in subsections 
    (a) and (b) of this section.

(e) Uniformity

    After the effective dates of a requirement set forth in subsection 
(a), (b), or (c) of this section or a regulation promulgated by the 
Administrator under subsection (d) of this section, no Federal agency, 
State, or political subdivision of a State may enforce any easy 
removability or environmental labeling requirement for a rechargeable 
battery or rechargeable consumer product that is not identical to the 
requirement or regulation.

(f) Exemptions

                           (1) In general

        With respect to any rechargeable consumer product, any person 
    may submit an application to the Administrator for an exemption from 
    the requirements of subsection (a) of this section in accordance 
    with the procedures under paragraph (2). The application shall 
    include the following information:
            (A) A statement of the specific basis for the request for 
        the exemption.
            (B) The name, business address, and telephone number of the 
        applicant.

                      (2) Granting of exemption

        Not later than 60 days after receipt of an application under 
    paragraph (1), the Administrator shall approve or deny the 
    application. On approval of the application the Administrator shall 
    grant an exemption to the applicant. The exemption shall be issued 
    for a period of time that the Administrator determines to be 
    appropriate, except that the period shall not exceed 2 years. The 
    Administrator shall grant an exemption on the basis of evidence 
    supplied to the Administrator that the manufacturer has been unable 
    to commence manufacturing the rechargeable consumer product in 
    compliance with the requirements of this section and with an 
    equivalent level of product performance without the product--
            (A) posing a threat to human health, safety, or the 
        environment; or
            (B) violating requirements for approvals from governmental 
        agencies or widely recognized private standard-setting 
        organizations (including Underwriters Laboratories).

                      (3) Renewal of exemption

        A person granted an exemption under paragraph (2) may apply for 
    a renewal of the exemption in accordance with the requirements and 
    procedures described in paragraphs (1) and (2). The Administrator 
    may grant a renewal of such an exemption for a period of not more 
    than 2 years after the date of the granting of the renewal.

(Pub. L. 104-142, title I, Sec. 103, May 13, 1996, 110 Stat. 1332.)

                  Section Referred to in Other Sections

    This section is referred to in sections 14302, 14306 of this title.
