§ 7582. Sale of primary batteries
(a) Sale prohibited. Except as set forth under subsections (b) and (c) of this section, beginning on January 1, 2016, a producer of a primary battery shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary battery unless:
(1) the producer or the primary battery stewardship organization in which the producer is participating is registered under an approved and implemented primary battery stewardship plan;
(2) the producer or primary battery stewardship organization has paid the fee under section 7594 of this title; and
(3) the name of the producer and the producer's brand are designated on the Agency website as covered by an approved primary battery stewardship plan.
(b) New producers.
(1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for sale, or offer for promotional purposes in the State a primary battery not previously sold in State, shall notify the Secretary prior to selling or offering for sale or promotion a primary battery not covered by an approved primary battery stewardship plan.
(2) The Secretary shall list a producer who supplies notice under this subsection as a "new producer" on the Agency's website. A producer that supplies notice under this subsection shall have 90 days, not including the time required for public comment under subsection 7586(c) of this section, to either join an existing primary battery stewardship organization or submit a primary battery stewardship plan for approval to the State.
(c) Exemption. A producer who annually sells, offers for sale, distributes, or imports in or into the State primary batteries with a total retail value of less than $2,000.00 shall be exempt from the requirements of this chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
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