The Mercury-Containing and Rechargeable Battery Management Act. Public Law 104-142

110 STAT. 1329

PUBLIC LAW 104–142—MAY 13, 1996

Public Law 104–142
104th Congress

An Act

To phase out the use of mercury in batteries and provide for the efficient and

cost-effective collection and recycling or proper disposal of used nickel cadmium
batteries, small sealed lead-acid batteries, and certain other batteries, and for
other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Mercury-Containing and

Rechargeable Battery Management Act’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) it is in the public interest to—

(A) phase out the use of mercury in batteries and

provide for the efficient and cost-effective collection and
recycling or proper disposal of used nickel cadmium bat-
teries, small sealed lead-acid batteries, and other regulated
batteries; and

(B) educate the public concerning the collection,

recycling, and proper disposal of such batteries;
(2) uniform national labeling requirements for regulated

batteries, rechargeable consumer products, and product packag-
ing will significantly benefit programs for regulated battery
collection and recycling or proper disposal; and

(3) it is in the public interest to encourage persons who

use rechargeable batteries to participate in collection for
recycling of used nickel-cadmium, small sealed lead-acid, and
other regulated batteries.

SEC. 3. DEFINITIONS.

For purposes of this Act:

(1) A

DMINISTRATOR

.—The term ‘‘Administrator’’ means the

Administrator of the Environmental Protection Agency.

(2) B

UTTON CELL

.—The term ‘‘button cell’’ means a button-

or coin-shaped battery.

(3) E

ASILY REMOVABLE

.—The term ‘‘easily removable’’, with

respect to a battery, means detachable or removable at the
end of the life of the battery—

(A) from a consumer product by a consumer with the

use of common household tools; or

(B) by a retailer of replacements for a battery used

as the principal electrical power source for a vehicle.

42 USC 14302.

42 USC 14301.

Environmental
protection.
42 USC 14301
note.

Mercury-
Containing and
Rechargeable
Battery
Management Act.

May 13, 1996

[H.R. 2024]

110 STAT. 1330

PUBLIC LAW 104–142—MAY 13, 1996

(4) M

ERCURIC

OXIDE BATTERY

.—The term ‘‘mercuric-oxide

battery’’ means a battery that uses a mercuric-oxide electrode.

(5) R

ECHARGEABLE BATTERY

.—The term ‘‘rechargeable bat-

tery’’—

(A) means 1 or more voltaic or galvanic cells, elec-

trically connected to produce electric energy, that is
designed to be recharged for repeated uses; and

(B) includes any type of enclosed device or sealed con-

tainer consisting of 1 or more such cells, including what
is commonly called a battery pack (and in the case of
a battery pack, for the purposes of the requirements of
easy removability and labeling under section 103, means
the battery pack as a whole rather than each component
individually); but

(i) a lead-acid battery used to start an internal

combustion engine or as the principal electrical power
source for a vehicle, such as an automobile, a truck,
construction equipment, a motorcycle, a garden tractor,
a golf cart, a wheelchair, or a boat;

(ii) a lead-acid battery used for load leveling or

for storage of electricity generated by an alternative
energy source, such as a solar cell or wind-driven
generator;

(iii) a battery used as a backup power source for

memory or program instruction storage, timekeeping,
or any similar purpose that requires uninterrupted
electrical power in order to function if the primary
energy supply fails or fluctuates momentarily; or

(iv) a rechargeable alkaline battery.

(6) R

ECHARGEABLE

CONSUMER

PRODUCT

.—The term

‘‘rechargeable consumer product’’—

(A) means a product that, when sold at retail, includes

a regulated battery as a primary energy supply, and that
is primarily intended for personal or household use; but

(B) does not include a product that only uses a battery

solely as a source of backup power for memory or program
instruction storage, timekeeping, or any similar purpose
that requires uninterrupted electrical power in order to
function if the primary energy supply fails or fluctuates
momentarily.
(7) R

EGULATED BATTERY

.—The term ‘‘regulated battery’’

means a rechargeable battery that—

(A) contains a cadmium or a lead electrode or any

combination of cadmium and lead electrodes; or

(B) contains other electrode chemistries and is the

subject of a determination by the Administrator under
section 103(d).
(8) R

EMANUFACTURED

PRODUCT

.—The term ‘‘remanufac-

tured product’’ means a rechargeable consumer product that
has been altered by the replacement of parts, repackaged, or
repaired after initial sale by the original manufacturer.

SEC. 4. INFORMATION DISSEMINATION.

The Administrator shall, in consultation with representatives

of rechargeable battery manufacturers, rechargeable consumer prod-
uct manufacturers, and retailers, establish a program to provide

42 USC 14303.

110 STAT. 1331

PUBLIC LAW 104–142—MAY 13, 1996

information to the public concerning the proper handling and dis-
posal of used regulated batteries and rechargeable consumer prod-
ucts with nonremovable batteries.

SEC. 5. ENFORCEMENT.

(a) C

IVIL

ENALTY

.—When on the basis of any information

the Administrator determines that a person has violated, or is
in violation of, any requirement of this Act (except a requirement
of section 104) the Administrator—

(1) in the case of any violation, may issue an order assess-

ing a civil penalty of not more than $10,000 for each violation,
or requiring compliance immediately or within a reasonable
specified time period, or both; or

(2) in the case of any violation or failure to comply with

an order issued under this section, may commence a civil action
in the United States district court in the district in which
the violation occurred or in the district in which the violator
resides for appropriate relief, including a temporary or perma-
nent injunction.
(b) C

ONTENTS OF

RDER

.—An order under subsection (a)(1)

shall state with reasonable specificity the nature of the violation.

ONSIDERATIONS

.—In assessing a civil penalty under sub-

section (a)(1), the Administrator shall take into account the serious-
ness of the violation and any good faith efforts to comply with
applicable requirements.

(d) F

INALITY OF

RDER

; R

EQUEST FOR

EARING

.—An order

under subsection (a)(1) shall become final unless, not later than
30 days after the order is served, a person named in the order
requests a hearing on the record.

(e) H

EARING

.—On receiving a request under subsection (d),

the Administrator shall promptly conduct a hearing on the record.

(f) S

UBPOENA

OWER

.—In connection with any hearing on the

record under this section, the Administrator may issue subpoenas
for the attendance and testimony of witnesses and for the production
of relevant papers, books, and documents.

(g) C

ONTINUED

IOLATION

FTER

XPIRATION OF

ERIOD FOR

OMPLIANCE

.—If a violator fails to take corrective action within

the time specified in an order under subsection (a)(1), the Adminis-
trator may assess a civil penalty of not more than $10,000 for
the continued noncompliance with the order.

(h) S

AVINGS

ROVISION

.—The Administrator may not take any

enforcement action against a person for selling, offering for sale,
or offering for promotional purposes to the ultimate consumer a
battery or product covered by this Act that was—

(1) purchased ready for sale to the ultimate consumer;

and

(2) sold, offered for sale, or offered for promotional purposes

without modification.

The preceding sentence shall not apply to a person—

(A) who is the importer of a battery covered by this Act,

and

(B) who has knowledge of the chemical contents of the

battery

when such chemical contents make the sale, offering for sale, or
offering for promotional purposes of such battery unlawful under
title II of this Act.

42 USC 14304.

110 STAT. 1332

PUBLIC LAW 104–142—MAY 13, 1996

SEC. 6. INFORMATION GATHERING AND ACCESS.

(a) R

ECORDS AND

EPORTS

.—A person who is required to carry

out the objectives of this Act, including—

(1) a regulated battery manufacturer;
(2) a rechargeable consumer product manufacturer;
(3) a mercury-containing battery manufacturer; and
(4) an authorized agent of a person described in paragraph

(1), (2), or (3),

shall establish and maintain such records and report such informa-
tion as the Administrator may by regulation reasonably require
to carry out the objectives of this Act.

(b) A

CCESS AND

OPYING

.—The Administrator or the Adminis-

trator’s authorized representative, on presentation of credentials
of the Administrator, may at reasonable times have access to and
copy any records required to be maintained under subsection (a).

ONFIDENTIALITY

.—The Administrator shall maintain the

confidentiality of documents and records that contain proprietary
information.

SEC. 7. STATE AUTHORITY.

Nothing in this Act shall be construed to prohibit a State

from enacting and enforcing a standard or requirement that is
identical to a standard or requirement established or promulgated
under this Act. Except as provided in sections 103(e) and 104,
nothing in this Act shall be construed to prohibit a State from
enacting and enforcing a standard or requirement that is more
stringent than a standard or requirement established or promul-
gated under this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this Act.

TITLE I—RECHARGEABLE BATTERY

RECYCLING ACT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Rechargeable Battery Recycling

Act’’.

SEC. 102. PURPOSE.

The purpose of this title is to facilitate the efficient recycling

or proper disposal of used nickel-cadmium rechargeable batteries,
used small sealed lead-acid rechargeable batteries, other regulated
batteries, and such rechargeable batteries in used consumer prod-
ucts, by—

(1) providing for uniform labeling requirements and stream-

lined regulatory requirements for regulated battery collection
programs; and

(2) encouraging voluntary industry programs by eliminat-

ing barriers to funding the collection and recycling or proper
disposal of used rechargeable batteries.

SEC. 103. RECHARGEABLE CONSUMER PRODUCTS AND LABELING.

(a) P

ROHIBITION

.—

42 USC 14322.

42 USC 14321.

42 USC 14301
note.

Rechargeable
Battery Recycling
Act.

42 USC 14307.

42 USC 14306.

42 USC 14305.

110 STAT. 1333

PUBLIC LAW 104–142—MAY 13, 1996

(1) I

N GENERAL

.—No person shall sell for use in the United

States a regulated battery that is ready for retail sale or a
rechargeable consumer product that is ready for retail sale,
if such battery or product was manufactured on or after the
date 12 months after the date of enactment of this Act, unless
the labeling requirements of subsection (b) are met and, in
the case of a regulated battery, the regulated battery—

(A) is easily removable from the rechargeable consumer

product; or

(B) is sold separately.

(2) A

PPLICATION

.—Paragraph (1) does not apply to any

of the following:

(A) The sale of a remanufactured product unit unless

paragraph (1) applied to the sale of the unit when originally
manufactured.

(B) The sale of a product unit intended for export

purposes only.

(b) L

ABELING

.—Each regulated battery or rechargeable

consumer product without an easily removable battery manufac-
tured on or after the date that is 1 year after the date of enactment
of this Act, whether produced domestically or imported shall bear
the following labels:

(1) 3 chasing arrows or a comparable recycling symbol.
(2)(A) On each regulated battery which is a nickel-cadmium

battery, the chemical name or the abbreviation ‘‘Ni-Cd’’ and
the phrase ‘‘BATTERY MUST BE RECYCLED OR DISPOSED
OF PROPERLY.’’.

(B) On each regulated battery which is a lead-acid battery,

‘‘Pb’’ or the words ‘‘LEAD’’, ‘‘RETURN’’, and ‘‘RECYCLE’’ and
if the regulated battery is sealed, the phrase ‘‘BATTERY MUST
BE RECYCLED.’’.

(3) On each rechargeable consumer product containing a

regulated battery that is not easily removable, the phrase
‘‘CONTAINS NICKEL-CADMIUM BATTERY. BATTERY
MUST BE RECYCLED OR DISPOSED OF PROPERLY.’’ or
‘‘CONTAINS SEALED LEAD BATTERY. BATTERY MUST BE
RECYCLED.’’, as applicable.

(4) On the packaging of each rechargeable consumer prod-

uct, and the packaging of each regulated battery sold separately
from such a product, unless the required label is clearly visible
through the packaging, the phrase ‘‘CONTAINS NICKEL-CAD-
MIUM BATTERY. BATTERY MUST BE RECYCLED OR DIS-
POSED OF PROPERLY.’’ or ‘‘CONTAINS SEALED LEAD BAT-
TERY. BATTERY MUST BE RECYCLED.’’, as applicable.
(c) E

XISTING OR

LTERNATIVE

ABELING

.—

(1) I

NITIAL PERIOD

.—For a period of 2 years after the date

of enactment of this Act, regulated batteries, rechargeable
consumer products containing regulated batteries, and
rechargeable consumer product packages that are labeled in
substantial compliance with subsection (b) shall be deemed
to comply with the labeling requirements of subsection (b).

(2) C

ERTIFICATION

.—

(A) I

N GENERAL

.—On application by persons subject

to the labeling requirements of subsection (b) or the label-
ing requirements promulgated by the Administrator under
subsection (d), the Administrator shall certify that a dif-

110 STAT. 1334

PUBLIC LAW 104–142—MAY 13, 1996

ferent label meets the requirements of subsection (b) or
(d), respectively, if the different label—

(i) conveys the same information as the label

required under subsection (b) or (d), respectively; or

(ii) conforms with a recognized international stand-

ard that is consistent with the overall purposes of
this title.
(B) C

ONSTRUCTIVE

CERTIFICATION

.—Failure of the

Administrator to object to an application under subpara-
graph (A) on the ground that a different label does not
meet either of the conditions described in subparagraph
(A) (i) or (ii) within 120 days after the date on which
the application is made shall constitute certification for
the purposes of this Act.

(d) R

ULEMAKING

UTHORITY OF THE

DMINISTRATOR

.—

(1) I

N GENERAL

.—If the Administrator determines that

other rechargeable batteries having electrode chemistries dif-
ferent from regulated batteries are toxic and may cause
substantial harm to human health and the environment if
discarded into the solid waste stream for land disposal or
incineration, the Administrator may, with the advice and coun-
sel of State regulatory authorities and manufacturers of
rechargeable batteries and rechargeable consumer products,
and after public comment—

(A) promulgate labeling requirements for the batteries

with different electrode chemistries, rechargeable consumer
products containing such batteries that are not easily
removable batteries, and packaging for the batteries and
products; and

(B) promulgate requirements for easy removability of

regulated batteries from rechargeable consumer products
designed to contain such batteries.
(2) S

UBSTANTIAL SIMILARITY

.—The regulations promulgated

under paragraph (1) shall be substantially similar to the
requirements set forth in subsections (a) and (b).
(e) U

NIFORMITY

.—After the effective dates of a requirement

set forth in subsection (a), (b), or (c) or a regulation promulgated
by the Administrator under subsection (d), no Federal agency, State,
or political subdivision of a State may enforce any easy removability
or environmental labeling requirement for a rechargeable battery
or rechargeable consumer product that is not identical to the
requirement or regulation.

(f) E

XEMPTIONS

.—

(1) I

GENERAL

.—With respect to any rechargeable

consumer product, any person may submit an application to
the Administrator for an exemption from the requirements
of subsection (a) in accordance with the procedures under para-
graph (2). The application shall include the following informa-
tion:

(A) A statement of the specific basis for the request

for the exemption.

(B) The name, business address, and telephone number

of the applicant.
(2) G

RANTING OF EXEMPTION

.—Not later than 60 days after

receipt of an application under paragraph (1), the Administrator
shall approve or deny the application. On approval of the
application the Administrator shall grant an exemption to the

110 STAT. 1335

PUBLIC LAW 104–142—MAY 13, 1996

applicant. The exemption shall be issued for a period of time
that the Administrator determines to be appropriate, except
that the period shall not exceed 2 years. The Administrator
shall grant an exemption on the basis of evidence supplied
to the Administrator that the manufacturer has been unable
to commence manufacturing the rechargeable consumer product
in compliance with the requirements of this section and with
an equivalent level of product performance without the prod-
uct—

(A) posing a threat to human health, safety, or the

environment; or

(B) violating requirements for approvals from govern-

mental agencies or widely recognized private standard-
setting organizations (including Underwriters Labora-
tories).
(3) R

ENEWAL OF EXEMPTION

.—A person granted an exemp-

tion under paragraph (2) may apply for a renewal of the exemp-
tion in accordance with the requirements and procedures
described in paragraphs (1) and (2). The Administrator may
grant a renewal of such an exemption for a period of not
more than 2 years after the date of the granting of the renewal.

SEC. 104. REQUIREMENTS.

(a) B

ATTERIES

UBJECT TO

ERTAIN

EGULATIONS

.—The collec-

tion, storage, or transportation of used rechargeable batteries, bat-
teries described in section 3(5)(C) or in title II, and used recharge-
able consumer products containing rechargeable batteries that are
not easily removable rechargeable batteries, shall, notwithstanding
any law of a State or political subdivision thereof governing such
collection, storage, or transportation, be regulated under applicable
provisions of the regulations promulgated by the Environmental
Protection Agency at 60 Fed. Reg. 25492 (May 11, 1995), as effective
on May 11, 1995, except as provided in paragraph (2) of subsection
(b) and except that—

(1) the requirements of 40 CFR 260.20, 260.40, and 260.41

and the equivalent requirements of an approved State program
shall not apply, and

(2) this section shall not apply to any lead acid battery

managed under 40 CFR 266 subpart G or the equivalent
requirements of an approved State program.
(b) E

NFORCEMENT

NDER

OLID

ASTE

ISPOSAL

.—(1)

Any person who fails to comply with the requirements imposed
by subsection (a) of this section may be subject to enforcement
under applicable provisions of the Solid Waste Disposal Act.

(2) States may implement and enforce the requirements of

subsection (a) if the Administrator finds that—

(A) the State has adopted requirements that are identical

to those referred to in subsection (a) governing the collection,
storage, or transportation of batteries referred to in subsection
(a); and

(B) the State provides for enforcement of such require-

ments.

42 USC 14323.

110 STAT. 1336

PUBLIC LAW 104–142—MAY 13, 1996

TITLE II—MERCURY-CONTAINING

BATTERY MANAGEMENT ACT

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Mercury-Containing Battery

Management Act’’.

SEC. 202. PURPOSE.

The purpose of this title is to phase out the use of batteries

containing mercury.

SEC. 203. LIMITATIONS ON THE SALE OF ALKALINE-MANGANESE BAT-

TERIES CONTAINING MERCURY.

No person shall sell, offer for sale, or offer for promotional

purposes any alkaline-manganese battery manufactured on or after
the date of enactment of this Act, with a mercury content that
was intentionally introduced (as distinguished from mercury that
may be incidentally present in other materials), except that the
limitation on mercury content in alkaline-manganese button cells
shall be 25 milligrams of mercury per button cell.

SEC. 204. LIMITATIONS ON THE SALE OF ZINC-CARBON BATTERIES

CONTAINING MERCURY.

No person shall sell, offer for sale, or offer for promotional

purposes any zinc-carbon battery manufactured on or after the
date of enactment of this Act, that contains mercury that was
intentionally introduced as described in section 203.

SEC. 205. LIMITATIONS ON THE SALE OF BUTTON CELL MERCURIC-

OXIDE BATTERIES.

No person shall sell, offer for sale, or offer for promotional

purposes any button cell mercuric-oxide battery for use in the
United States on or after the date of enactment of this Act.

SEC. 206. LIMITATIONS ON THE SALE OF OTHER MERCURIC-OXIDE

BATTERIES.

(a) P

ROHIBITION

.—On or after the date of enactment of this

Act, no person shall sell, offer for sale, or offer for promotional
purposes a mercuric-oxide battery for use in the United States
unless the battery manufacturer, or the importer of such a battery—

(1) identifies a collection site in the United States that

has all required Federal, State, and local government approvals,
to which persons may send used mercuric-oxide batteries for
recycling or proper disposal;

(2) informs each of its purchasers of mercuric-oxide bat-

teries of the collection site identified under paragraph (1); and

(3) informs each of its purchasers of mercuric-oxide bat-

teries of a telephone number that the purchaser may call to
get information about sending mercuric-oxide batteries for
recycling or proper disposal.
(b) A

PPLICATION OF

ECTION

.—This section does not apply to

a sale or offer of a mercuric-oxide button cell battery.

SEC. 207. NEW PRODUCT OR USE.

On petition of a person that proposes a new use for a battery

technology described in this title or the use of a battery described
in this title in a new product, the Administrator may exempt

42 USC 14336.

42 USC 14335.

42 USC 14334.

42 USC 14333.

42 USC 14332.

42 USC 14331.

42 USC 14301
note.

Mercury-
Containing
Battery
Management Act.

110 STAT. 1337

PUBLIC LAW 104–142—MAY 13, 1996

LEGISLATIVE HISTORY—H.R. 2024 (S. 619):

HOUSE REPORTS: No. 104–530 (Comm. on Commerce).
SENATE REPORTS: No. 104–136 accompanying S. 619 (Comm. on Environment

and Public Works).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Sept. 21, S. 619 considered and passed Senate.
Vol. 142 (1996): Apr. 23, H.R. 2024 considered and passed House.

Apr. 25, considered and passed Senate.

from this title the new use of the technology or the use of such
a battery in the new product on the condition, if appropriate,
that there exist reasonable safeguards to ensure that the resulting
battery or product without an easily removable battery will not
be disposed of in an incinerator, composting facility, or landfill
(other than a facility regulated under subtitle C of the Solid Waste
Disposal Act (42 U.S.C. 6921 et seq.)).

Approved May 13, 1996.