Vermont § 6621b - Regulation of certain dry cell batteries

§ 6621b. Regulation of certain dry cell batteries

• (a) Prohibition. A person may not place in mixed municipal solid waste a dry cell battery containing
  mercuric oxide electrode, nickel-cadmium, or sealed lead acid that was purchased for
  use or used by a government agency, or an industrial, communications, or medical facility. (b) User responsibility. Each government agency, or industrial, communications, or medical facility shall collect
  and segregate, by chemical type, its batteries that are subject to this prohibition
  and shall return each segregated collection either to the supplier that provided the
  facility with that type of battery or to a collection facility designated by the manufacturer
  of that battery or battery-powered product. (c) Manufacturer responsibility. (1) A manufacturer of batteries subject to subsection (a) of this section shall: (A) ensure that a system for the proper collection, transportation, and processing of
  waste batteries exists for purchasers in Vermont; (B) clearly inform each purchaser of the prohibition on disposal of waste batteries and
  of the system or systems for proper collection, transportation, and processing of
  waste batteries available to the purchaser. (2) To ensure that a system for the proper collection, transportation, and processing
  of waste batteries exists, a manufacturer shall: (A) identify a collection chain through which the batteries should be returned to the
  manufacturer or to a manufacturer-designated collection site; and (B) accept waste batteries returned to its manufacturing facility. (3) A manufacturer shall ensure that the cost of proper collection, transportation, and
  processing of the waste batteries is included in the sales transaction or agreement
  between the manufacturer and any purchaser. (4) A manufacturer that has complied with this subsection is not liable under subsection
  (a) of this section for improper disposal by a person other than the manufacturer
  of waste batteries. (d) Battery requirements. (1) The manufacturer of a button cell battery that is to be sold at retail in this State
  shall ensure that each battery is clearly identifiable as to the type of electrode
  used in the battery. (2)(A) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail
  sale in this State an alkaline manganese battery that contains more than 0.30 percent
  mercury by weight, or after February 1, 1992, 0.025 percent mercury by weight. Effective
  January 1, 1996, alkaline manganese and zinc carbon batteries may not be sold at retail
  in this State if they contain any added mercury. (B) On application by a manufacturer, the Secretary may exempt a specific type of battery
  from the requirements of subdivision (d)(2)(A) of this section if there is no battery
  meeting the requirements that can be reasonably substituted for the battery for which
  the exemption is sought. The manufacturer of a battery exempted by the Secretary
  under this subdivision is subject to the requirements of subsection (c) of this section. (C) Notwithstanding subdivision (d)(2)(A) of this section, a manufacturer may not sell
  at retail, distribute for retail sale, or offer for retail sale in this State after
  January 1, 1992, a button cell alkaline manganese battery that contains more than
  25 milligrams of mercury. (3) Effective January 1, 1993, no button battery containing mercury may be sold at retail
  in this State unless it contains less than 25 milligrams of mercury. (e) Rechargeable batteries for tools and appliances. (1) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail
  sale in this State a rechargeable consumer product powered by a nickel-cadmium or
  small sealed lead 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; and (B) the product, the battery itself, and the package containing a consumer product each,
  are labeled in a manner that is clearly visible to the consumer, indicating that the
  battery must be recycled or disposed of properly and that the type of electrode used
  in the battery is clearly identifiable. (2) “Rechargeable consumer product” as used in this subsection means any product that
  contains a rechargeable battery and is primarily used or purchased to be used for
  personal, family, or household purposes. (3) On application by a manufacturer, the Secretary may exempt a rechargeable consumer
  product from the requirements of this subsection if: (A) the product cannot be reasonably redesigned or manufactured to comply with the requirements
  prior to July 1, 1993; (B) the redesign of the product to comply with the requirements would result in significant
  danger to public health and safety; or (C) the battery poses no unreasonable hazard when placed in and processed or disposed
  of as part of mixed municipal solid waste. (4) An exemption granted by the Secretary under subdivision (e)(3)(A) of this section
  must be limited to a maximum of two years and may be renewed. (Added 1991, No. 95, § 1; amended 1993, No. 221 (Adj. Sess.), §§ 4b-4d.)