New Hampshire § 149-M-28 - Section 149-M:28 Restrictions on Battery Sales and Disposal; Exemptions.

§ 149-M-28. Section 149-M:28 Restrictions on Battery Sales and Disposal; Exemptions.

I. (a) Except as provided in subparagraph (b), no person shall sell or offer for sale in New Hampshire an alkaline manganese battery manufactured on or after January 1, 1993, which battery contains more than 0.025 percent mercury by weight of the battery. (b) No person shall sell or offer for sale in New Hampshire alkaline manganese batteries having sizes and shapes resembling buttons or coins which have a mercury content of more than 25 milligrams of mercury per battery. (c) A manufacturer shall not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains added mercury, unless the commissioner grants an exemption pursuant to paragraph II of this section. II. (a) On application by a manufacturer, the commissioner may exempt a manufacturer from the requirements of subparagraph I(c) if the manufacturer demonstrates that: (1) Since July 11, 1992, the manufacturer has worked in good faith to develop mercury-free alkaline manganese batteries which, with respect to safety, leakage, capacity, rate capability and shelf life, are as good as alkaline manganese batteries containing no more than 0.025 percent mercury produced by that manufacturer on January 1, 1993; and (2) If granted that exemption, the manufacturer shall continue to work in good faith to achieve the goals described in subparagraph (a)(1). (b) An exemption granted by the commissioner under this paragraph shall be effective for 2 years and may be renewed. III. A manufacturer shall not sell, distribute, or offer for sale in New Hampshire a zinc-carbon battery that contains an added mercury concentration level of more than 10 parts per million by weight for batteries manufactured on or after January 1, 1993. IV. No person shall dispose of mercuric oxide batteries in New Hampshire except in a manner approved by the department under rules adopted pursuant to RSA 541-A. V. No person shall sell or offer for sale in this state any consumer product manufactured after July 1, 1993, which is powered by a small, sealed, nickel-cadmium or small, sealed, lead acid battery unless: (a) The battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed. (b) Such product, the package containing such product, or the battery itself is clearly labeled in a manner which is visible and understandable to the consumer prior to purchase indicating that the battery must be recycled or disposed of properly. (c) The battery must be clearly identifiable as to the type of electrode used in the battery. (d) The battery or battery pack itself is labeled with the name of the manufacturer. VI. The commissioner may authorize the sale of a consumer product which does not comply with the provisions of paragraph V, if such product was available for sale on or before July 11, 1992, and the commissioner determines that the redesign of such product to comply with this section would result in significant danger to public health and safety. Any authorization under this paragraph shall be limited to 2 years and may not be renewed.