Vermont § 7587 - Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A. § 7587 effective January 1, 2026, set out below]

§ 7587. Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A. § 7587 effective January 1, 2026, set out below]

• (a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer
  for sale a primary battery on or after January 1, 2016 unless the producer of the
  primary battery is implementing an approved primary battery stewardship plan, is a
  member of a primary battery stewardship organization implementing an approved primary
  battery stewardship plan, or is exempt from participation in an approved plan, as
  determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title. (b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under
  this subsection if: (1) the retailer purchased the primary battery prior to January 1, 2016 and sells the
  primary battery on or before January 1, 2017; or (2) the producer’s primary battery stewardship plan expired or was revoked, and the retailer
  took possession of the in-store inventory of primary batteries prior to the expiration
  or revocation of the producer’s primary battery stewardship plan. (c) Educational material. A producer or primary battery stewardship organization supplying primary batteries
  to a retailer shall provide the retailer with educational materials describing collection
  opportunities for primary batteries. The retailer shall make the educational materials
  available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.) § 7587. Retailer obligations [Effective January 1, 2026; see also 10 V.S.A. § 7587 effective until January 1, 2026] (a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or
  offer for sale a primary battery, rechargeable battery, or battery-containing product
  on or after January 1, 2026 unless the producer of the primary battery, rechargeable
  battery, or battery-containing product is implementing an approved battery stewardship
  plan, is a member of a battery stewardship organization implementing an approved battery
  stewardship plan, or is exempt from participation in an approved plan, as determined
  by review of the producers listed on the Agency website required in subsection 7586(f) of this title. (b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery, rechargeable
  battery, or battery-containing product under this subsection if: (1) the retailer purchased the primary battery weighing 4.4 pounds or less prior to January
  1, 2016 and sells the primary battery on or before January 1, 2017; (2) the retailer purchased the primary battery weighing more than 4.4. pounds, battery-containing
  product, or rechargeable battery, prior to January 1, 2026 and sells the primary battery,
  battery-containing product, or rechargeable battery on or before January 1, 2027;
  or (3) the producer’s battery stewardship plan expired or was revoked, and the retailer took
  possession of the in-store inventory of primary batteries, rechargeable batteries,
  or battery-containing products prior to the expiration or revocation of the producer’s
  battery stewardship plan. (c) Educational material. A producer or battery stewardship organization supplying covered batteries to a retailer
  shall provide the retailer with educational materials describing collection opportunities
  for primary batteries and rechargeable batteries. The retailer shall make the educational
  materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. January 1, 2026.)