§14322 Rechargeable Consumer Products and Labeling

Summary

Companies must not sell in the United States a rechargeable battery or a rechargeable product made on or after 12 months after May 13, 1996, unless the correct labels are on the battery or product. If a regulated battery is inside a product, the battery must be easy to remove or sold separately. The rule does not apply to remanufactured units if it did not apply when they were first made, or to products made only for export. Batteries and products made on or after 1 year after May 13, 1996, must show the three-arrow recycling symbol (or a similar symbol) and must identify the battery chemistry and give a recycling or proper-disposal message. Ni-Cd batteries must be marked as nickel-cadmium or “Ni-Cd” with a recycling/disposal notice. Lead-acid batteries must show “Pb” or words like “lead,” “return,” and “recycle,” and sealed lead batteries must say they must be recycled. Non-removable batteries in a product must also carry the appropriate chemistry and recycling message, and packaging must show the message if the label is not visible through the package. For 2 years after May 13, 1996, labels that are largely compliant count as OK. A federal official can approve different labels that give the same information or meet an international standard; lack of objection within 120 days counts as approval. The official can also make similar rules for other toxic battery types and removability. Once these rules take effect, no state or agency may enforce different removability or labeling rules. Makers may apply for an exemption; the official must decide within 60 days and may grant an exemption for up to 2 years, with renewals up to 2 years.