SECTIONS 42453-42454 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42453-42454

42453. (a) (1) On and after July 1, 2006, every retailer shall have
in place a system for the acceptance and collection of used
rechargeable batteries for reuse, recycling, or proper disposal.
(2) A retailer is not subject to the requirements of this chapter
for the sale of rechargeable batteries that are contained in or
packaged with a battery-operated device.
(b) A system for the acceptance and collection of used
rechargeable batteries for reuse, recycling, or proper disposal
shall, at a minimum, include all of the following elements:
(1) (A) The take-back at no cost to the consumer of a used
rechargeable battery, the type or brand of which the retailer sold or
previously sold.
(B) A retailer's no-cost take-back obligation may be limited to a
quantity equal to the number sold at the time of the take-back or
previously sold to the consumer.
(2) If the retailer sells a rechargeable battery through a catalog
order, telephone order, or other method that does not involve
in-store sales, the retailer shall be deemed in compliance with this
article if the retailer provides a reasonable notice either at the
time of purchase or delivery to the consumer of an opportunity to
return used rechargeable batteries at no cost for reuse, recycling,
or proper disposal.
(A) The opportunity to return the rechargeable batteries shall be
either through the retailer's take-back program established pursuant
to paragraph (1) or through participation with the Rechargeable
Battery Recycling Corporation or similar take-back and recycling
program.
(B) The notice shall include informational materials, including,
but not limited to, Internet Web site links or a telephone number,
placed on the invoice or purchase order, or packaged with the
battery, that provide consumers access to obtain more information
about the opportunities and locations for no-cost battery recycling.
(3) Making information available to consumers about rechargeable
battery recycling opportunities provided by the retailer and
encouraging consumers to utilize those opportunities. This
information may include, but is not limited to, one or more of the
following:
(A) Signage that is prominently displayed and easily visible to
the consumer.
(B) Written materials provided to the consumer at the time of
purchase or delivery, or both.
(C) Reference to the rechargeable batteries recycling opportunity
in retailer advertising or other promotional materials, or both.
(D) Direct communications with the consumer at the time of
purchase.
(c) An individual retailer location that is actively participating
in the Rechargeable Battery Recycling Corporation's or similar
battery take-back and recycling program, and has implemented one or
more of the public education components described in paragraph (3) of
subdivision (b) shall be deemed in compliance with this article.
(d) If a retailer is participating in an existing battery
recycling system that includes rechargeable batteries, in addition to
any other type of batteries, and the system otherwise complies with
the requirements of this article, the retailer may continue to
participate in that existing system and is not required to implement
or participate in a system that only includes rechargeable batteries.

42454. On and after July 1, 2006, it is unlawful for a retailer to
sell a rechargeable battery to a consumer unless the retailer
complies with this chapter.