Title 42The Public Health and WelfareRelease 119-73not60

§14322 Rechargeable Consumer Products and Labeling

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

Last updated Apr 5, 2026|Official source

Summary

Companies cannot sell in the United States a rechargeable product or a regulated battery made on or after 12 months after May 13, 1996 unless the item has the required labels and, for batteries, the battery can be easily removed from the product or is sold separately. The rule does not cover remanufactured units that were not covered when first made or products made only for export. Batteries and products with non-removable batteries made on or after 1 year after May 13, 1996 must show a recycling symbol. Nickel‑cadmium batteries must show the chemical name or “Ni‑Cd” and a clear notice to recycle or properly discard the battery. Lead‑acid batteries must show “Pb” or the words LEAD, RETURN, and RECYCLE, and if sealed must show a clear notice to recycle. Products with non-removable batteries and the packaging for separately sold batteries must also carry a clear notice that the product contains the specified battery type and that the battery must be recycled or properly disposed of (unless the label is visible through the package). For 2 years after May 13, 1996, labels that mostly follow these rules are treated as compliant. Makers can ask the Administrator to approve a different label if it gives the same information or follows an accepted international standard; if the Administrator does not object within 120 days, the different label is approved. The Administrator can make similar rules later for other battery types and for easy removability, and those rules will be like these labeling rules. Once these requirements or rules take effect, no federal or state agency may enforce different removability or environmental labeling rules. A manufacturer may apply for a temporary exemption from the removability rule; the Administrator must decide within 60 days and may grant an exemption for up to 2 years, with renewal possible for another period not to exceed 2 years.

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 5, 2026

Release point: 119-73not60