Title 42The Public Health and WelfareRelease 119-73

§14322 Rechargeable consumer products and labeling

Title 42 › Chapter CHAPTER 137— - MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES CONTAINING MERCURY › Subchapter SUBCHAPTER II— - RECYCLING OF RECHARGEABLE BATTERIES › § 14322

Last updated Apr 6, 2026|Official source

Summary

Stops the sale in the United States of certain rechargeable batteries and products made on or after 12 months after May 13, 1996 unless they meet labeling rules and either the regulated battery can be easily removed from the product or the battery is sold separately. The rule does not apply to remanufactured units if the original sale was not covered, or to products sold only for export. Batteries and products made on or after 12 months after May 13, 1996 must show a recycling symbol and identify the battery type. Nickel-cadmium batteries must be labeled with “Ni-Cd” or the chemical name and say the battery must be recycled or disposed of properly. Lead-acid batteries must show “Pb” or the words “LEAD,” “RETURN,” and “RECYCLE,” and sealed lead batteries must state they must be recycled. Products with non-removable batteries and their packaging must carry clear notices saying they contain nickel-cadmium or sealed lead batteries and that the batteries must be recycled. For two years after May 13, 1996, labels that mostly comply are treated as valid. The Administrator can approve alternate labels that give the same information or meet recognized international standards, and silence for 120 days equals approval. The Administrator may extend similar rules to other toxic rechargeable batteries and require easy removability. No federal or state agency may enforce different removability or environmental labeling rules. Manufacturers may apply for an exemption; the application must state the reason and contact details, and the Administrator must decide within 60 days. Approved exemptions last up to 2 years and may be renewed for up to 2 more years if needed because compliance would harm health, safety, the environment, or conflict with required approvals or standards.

Full Legal Text

Title 42, §14322

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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) 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)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)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)(1)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) shall be deemed to comply with the labeling requirements of subsection (b).
(2)(A)On application by persons subject to the labeling requirements of subsection (b) or the labeling requirements promulgated by the Administrator under subsection (d), the Administrator shall certify that a different label meets the requirements of subsection (b) or (d), respectively, if the different label—
(i)conveys the same information as the label required under subsection (b) or (d), respectively; or
(ii)conforms with a recognized international standard that is consistent with the overall purposes of this subchapter.
(B)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)(1)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)The regulations promulgated under paragraph (1) shall be substantially similar to the requirements set forth in subsections (a) and (b).
(e)After the effective dates of a requirement set forth in subsection (a), (b), or (c) or a regulation promulgated by the Administrator under subsection (d), 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)(1)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) 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)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 14322

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73