Title 42, The Public Health and WelfareRelease 119-110

§14304 Enforcement

Title 42 › CHAPTER 137 — MANAGEMENT OF RECHARGEABLE BATTERIES AND BATTERIES CONTAINING MERCURY › SUBCHAPTER I — GENERALLY › § 14304

Last updated Sep 22, 2026|Official source

Summary

The Administrator can order people who break these rules to fix the problem and can fine them up to $10,000 for each violation. The Administrator can also sue in federal court where the violation happened or where the person lives to get remedies like temporary or permanent court orders. Any order must say what the problem is. When deciding a fine, the Administrator will consider how serious the problem was and whether the person tried in good faith to follow the rules. A person named in an order has 30 days to ask for a hearing. If asked, the Administrator must hold a hearing and can issue subpoenas for witnesses and documents. If the person does not fix the problem in the time given, the Administrator may charge up to $10,000 more for continued noncompliance. The Administrator cannot act against someone who bought a battery ready for sale and sold it without changing it, except an importer who knew the battery’s chemical contents made the sale illegal under subchapter III.

Full Legal Text

Title 42, §14304

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

(a)Civil penalty
When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this chapter (except a requirement of section 14323 of this title) the Administrator— (1)
(2)in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction.
(b)Contents of order
An order under subsection (a)(1) shall state with reasonable specificity the nature of the violation.
(c)Considerations
In assessing a civil penalty under subsection (a)(1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
(d)Finality of order; request for hearing
An order under subsection (a)(1) shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record.
(e)Hearing
On receiving a request under subsection (d), the Administrator shall promptly conduct a hearing on the record.
(f)Subpoena power
In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents.
(g)Continued violation after expiration of period for compliance
If a violator fails to take corrective action within the time specified in an order under subsection (a)(1), the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order.
(h)Savings provision
The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this chapter that was—
(1)purchased ready for sale to the ultimate consumer; and
(2)sold, offered for sale, or offered for promotional purposes without modification.
The preceding sentence shall not apply to a person—
(A)who is the importer of a battery covered by this chapter, and
(B)who has knowledge of the chemical contents of the battery
when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under subchapter III of this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 14304

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110