SECTIONS 15013-15018 - California Statutes

PUBLIC RESOURCES CODE

SECTION 15013-15018

15013. (a) On and after January 1, 1995, no person shall sell or
offer for sale in this state any rechargeable consumer product unless
the product meets all of the following requirements:
(1) The rechargeable battery is easily removable from the
rechargeable consumer product or is contained in a battery pack that
is easily removable from, the product.
(2) The rechargeable consumer product and the rechargeable battery
are labeled in accordance with subdivision (b).
(3) The rechargeable battery, battery pack, or rechargeable
consumer product, if the product has a nonremovable rechargeable
battery, has a brand name affixed to it.
(4) The instruction manual for the rechargeable consumer product
includes information regarding the proper recycling or disposal of
the used rechargeable battery.
(b) On and after July 1, 1994, each rechargeable battery, consumer
product package containing a rechargeable battery or battery pack,
and the package for each such item, which is sold or offered for sale
in this state, shall meet all of the following requirements:
(1) Be labeled in a conspicuous manner that is visible to
consumers.
(2) Include the chemical name or the standard abbreviation for the
chemical composition of the battery or battery pack.
(3) Contain the following statement:
(A) On each easily removable battery or easily removable battery
pack: "NICKEL-CADMIUM BATTERY. MUST BE RECYCLED OR DISPOSED OF
PROPERLY." OR "SEALED LEAD BATTERY. MUST BE RECYCLED OR DISPOSED OF
PROPERLY."
(B) On each rechargeable consumer product, granted an exemption
pursuant to Section 15014, without an easily removable battery or
battery pack: "CONTAINS NICKEL-CADMIUM BATTERY. BATTERY MUST BE
RECYCLED OR DISPOSED OF PROPERLY." OR "CONTAINS SEALED LEAD BATTERY.
BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY."
(C) On the packaging of each rechargeable consumer product,
rechargeable battery, or battery pack, unless the specified label is
clearly visible through the packaging: "CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY." OR
"CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE RECYCLED OR DISPOSED
OF PROPERLY."
(4) The label and messages specified in paragraphs (1), (2), and
(3) shall use contrasting colors to differentiate the label message
and background to enhance readability.
(5) No political subdivision of this state may enact or enforce
any environmental labeling requirement for a rechargeable battery or
battery pack, or a rechargeable consumer product, that is not
identical to the labeling requirements contained in this subdivision
or any regulations adopted by the board pursuant to this subdivision.
(c) The board may adopt regulations that require substantially
similar labeling requirements for rechargeable batteries with
chemistries that are different from those covered by subdivision (a)
and the battery packs and products containing those batteries. Any
regulations shall be adopted, amended, or repealed in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(d) Any violation of this section is a misdemeanor.

15014. (a) Any manufacturer of, or any manufacturer trade
organization with respect to, any rechargeable battery or
rechargeable consumer product may submit an application to the board
for an exemption from the requirements of paragraph (1) of
subdivision (a) of Section 51013 in accordance with the procedures
prescribed in subdivision (b). Within 60 days of receipt of an
application for an exemption, the board shall either approve or deny
the request. The exemption shall be issued for a period that is
determined to be appropriate by the board, but shall not exceed two
years.
(b) The application for an exemption shall include both of the
following:
(1) A statement of the specified basis for the exemption.
(2) The name, business address, and telephone number of the
applicant.
(c) The board shall grant the exemption if the board finds that
the manufacturer has been unable to commence manufacture of the
rechargeable consumer product in compliance with this chapter and
with an equivalent level of product performance without causing
either of the following:
(1) Danger to human health and safety or to the environment.
(2) Violation of requirements for approvals from governmental
agencies or the Underwriters Laboratories or a similar widely
recognized private standard-setting organization.
(d) The board may, by regulation, establish an application fee in
an amount sufficient to offset the cost of processing requests for
exemptions.
(e) A manufacturer or manufacturer trade organization granted an
exemption may apply for an extension of the exemption in accordance
with the requirements and procedures in subdivisions (b) and (c).
However, in considering an extension of any exemption, the board
shall evaluate whether other rechargeable consumer product
manufacturers have developed technology or methods that permit access
to the rechargeable battery in the same or similar type application.
The board may grant up to three extensions of not more than two
years each after the date of the original exemption.

15016. Any action solely to increase the recycling of rechargeable
batteries or battery packs by any person or entity that affects the
types or quantities being recycled, or the cost and structure of any
return program, pursuant to this chapter is not a violation of the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2
of Division 7 of the Business and Professions Code) or the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code).

15018. For purposes of carrying out the collection, storage,
transportation, and recycling of used rechargeable batteries or
consumer products containing used rechargeable batteries, persons
involved in returning used rechargeable batteries or consumer
products containing used rechargeable batteries to a facility for
recycling or proper disposal shall be subject to Section 25201 or
25216.1 of the Health and Safety Code or any successor section.