New Jersey § 13:1e-99

§ 13:1e-99.

a. On or after July 1, 1993, no person shall sell, offer for sale, or offer for promotional

purposes in this State any rechargeable consumer product unless: (1) the rechargeable battery is readily removable from the product; or the rechargeable

battery is contained in a battery pack which is separate from the product and the

battery pack is readily removable from the product; (2) the rechargeable consumer product, the package containing the product, or the

rechargeable battery are labeled pursuant to the provisions of subsection b. of this

section; and (3) the instruction manual for the rechargeable consumer product includes information

explaining methods to assure the proper disposal of used nickel-cadmium or sealed

lead rechargeable batteries, as appropriate. b. Every rechargeable consumer product, the package containing the product, or the

rechargeable battery contained therein shall be labeled in a manner which is visible

to consumers prior to purchase informing consumers that used rechargeable batteries

may not enter the solid waste stream, and that these types of used dry cell batteries

shall be collected, recycled or disposed of in an environmentally sound manner. The label shall contain one of the following statements, as appropriate, printed

in capital letters: “CONTAINS NICKEL-CADMIUM BATTERY. MUST BE DISPOSED OF PROPERLY”; or “NICKEL-CADMIUM BATTERY. MUST BE DISPOSED OF PROPERLY.” “CONTAINS SEALED LEAD BATTERY. MUST BE DISPOSED OF PROPERLY”; or “SEALED LEAD BATTERY. MUST BE DISPOSED OF PROPERLY.” c. Any person may, in accordance with rules or regulations adopted by the department

pursuant to the “Administrative Procedure Act,” apply for a temporary exemption from

the requirements of paragraph (1) of subsection a. of this section for any rechargeable

consumer product which was sold in this State at any time prior to the effective date

of this act. (1) Any person seeking a temporary exemption shall submit an application, in writing,

to the department for its review and approval. The application shall include the following information: (a) Documented evidence that the rechargeable consumer product for which the exemption

is sought was sold in this State prior to the effective date of this act; (b) A statement setting forth the specific basis upon which the exemption is sought; (c) The full name, business address, telephone number and signature of the person

seeking the exemption; and (d) The full name, business address and telephone number of the authorized local representative

of the person seeking the exemption. (2) The information required pursuant to this subsection shall be furnished to the

department for each specified rechargeable consumer product for which an exemption

is sought. (3) The department shall approve or deny a temporary exemption upon receipt of an

application therefor. Any temporary exemption approved by the department shall be based on evidence furnished

to the department that: (a) The redesign of the rechargeable consumer product to comply with the requirements

of paragraph (1) of subsection a. of this section would result in significant danger

to public health and safety; and (b) The rechargeable consumer product cannot reasonably be redesigned and manufactured

to comply with the requirements of paragraph (1) of subsection a. of this section

during the time period for which the temporary exemption would be issued or renewed. (4) The temporary exemptions provided in this subsection may be issued or renewed

by the department after July 1, 1993 for periods not to exceed 12 months, except that

any renewal granted by the department shall be based on evidence furnished to the

department that there is no feasible or practical alternative or substitute for the

specified rechargeable consumer product. d. The department may, in accordance with a fee schedule adopted as a rule or regulation

pursuant to the provisions of the “Administrative Procedure Act,” establish and charge

reasonable fees for any of the services to be performed or rendered in connection

with this section, and for the costs of compliance monitoring and administration. The fee schedule shall reasonably reflect the duration or complexity of the specific

service performed or rendered, information reviewed, or inspection conducted.