(1) reduce the quantity of mercury and toxic
metals entering solid waste landfills, incinerators,
and composting facilities by phasing-out or greatly
reducing the use of mercury in certain products and
by providing for the efficient and cost-effective col-
lection and recycling or proper disposal of used bat-
teries and other products containing mercury;
(2) educate the public concerning the collection,
recycling, and proper disposal of such products;
(3) reduce the quantity of mercury entering the
environment by greatly reducing air emissions of
mercury from stationary sources;
(4) increase public knowledge of the sources of
mercury exposure and the threat to public health
posed by such exposure; and
(5) significantly decrease the threat to human
health and the environment posed by mercury.
SEC. 3. PROHIBITION ON MERCURY BATTERIES.
The Toxic Substances Control Act is amended by in-
serting the following after title IV:
‘‘TITLE V—BATTERIES
‘‘SEC. 501. PROHIBITION ON MERCURY BATTERIES.
‘‘(a) DEFINITIONS.—As used in this section:
‘‘(1) BUTTON CELL.—The term ‘button cell’,
used with respect to a battery, means any button-
shaped or coin-shaped battery.
‘‘(2) MERCURIC-OXIDE
BATTERY.—The term
‘mercuric-oxide battery’ means a battery that uses a
mercuric-oxide electrode.
‘‘(b) LIMITATIONS ON THE SALE OF ALKALINE-MAN-
GANESE BATTERIES CONTAINING MERCURY.—No person
shall introduce into interstate commerce, offer for such in-
troduction, or offer for promotional purposes any alkaline-
manganese battery manufactured on or after January 1,
1996, with a mercury content that was intentionally intro-
duced (as distinguished from mercury that may be inci-
dentally present in other materials), except that the limita-
tion on mercury content in alkaline-manganese button cell
batteries shall be 25 milligrams of mercury per button cell
battery.
‘‘(c) LIMITATIONS ON THE SALE OF ZINC CARBON
BATTERIES CONTAINING MERCURY.—No person shall in-
troduce into interstate commerce, offer for such introduc-
tion, or offer for promotional purposes any zinc carbon
battery manufactured on or after January 1, 1997, that
contains any mercury that was intentionally introduced as
described in subsection (b).
‘‘(d) LIMITATIONS ON THE SALE OF BUTTON CELL
MERCURIC-OXIDE BATTERIES.—No person shall intro-
duce into interstate commerce, offer for such introduction,
or offer for promotional purposes any button cell mer-
curic-oxide battery on or after January 1, 1997.
‘‘(e) LIMITATIONS
ON
THE SALE
OF MERCURIC-
OXIDE BATTERIES.—No person shall introduce into inter-
state commerce, offer for such introduction, or offer for
promotional purposes any mercuric-oxide battery on or
after January 1, 1997.
‘‘(f) ENFORCEMENT.—(1) Whenever on the basis of
any information the Administrator determines that any
person has violated or is in violation of any requirement
of this section, the Administrator may issue an order as-
sessing a civil penalty for any past or current violation,
requiring compliance immediately or within a reasonable
specified time period, or both, or the Administrator may
commence a civil action in the United States district court
in the district in which the violation occurred for appro-
priate relief, including a temporary or permanent injunc-
tion.
‘‘(2) Any order issued pursuant to this subsection
shall state with reasonable specificity the nature of the vio-
lation. Any penalty assessed in the order shall not exceed
$10,000 for each such violation. In assessing such a pen-
alty, the Administrator shall take into account the serious-
ness of the violation and any good faith efforts to comply
with applicable requirements.
‘‘(3) Any order issued under this section shall become
final unless, not later than 30 days after the order is
served, the person or persons named in the order request
a public hearing. If such a request is made, the Adminis-
trator shall promptly conduct a public hearing. In connec-
tion with any proceeding under this subsection, the Ad-
ministrator may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant pa-
pers, books, and documents.
‘‘(4) If a violator fails to take corrective action within
the time period specified in a compliance order issued
under this subsection, the Administrator may assess a civil
penalty of not more that $10,000 for the continued non-
compliance with the order.
‘‘(5) This section shall be enforced only pursuant to
this subsection, notwithstanding the provisions of title I.
‘‘(g) INFORMATION GATHERING AND ACCESS.—(1)
Any person who is required to comply with this section,
including a mercury-containing battery manufacturer and
any authorized agent of such a manufacturer shall estab-
lish and maintain such records and report such informa-
tion as the Administrator may by rule reasonably require
to carry out this section.
‘‘(2) The Administrator, or an authorized representa-
tive of the Administrator upon presentation of credentials,
may at reasonable times have access to and copy any
records required to be maintained under paragraph (1).
‘‘(3) The Administrator shall maintain the confiden-
tiality of such records or information maintained or re-
ported under this subsection as contain proprietary infor-
mation.
‘‘SEC. 502. LABELING AND RECYCLING OF RECHARGEABLE
BATTERIES AND BATTERY PACKS.
‘‘(a) DEFINITIONS.—As used in this section:
‘‘(1) BATTERY PACK.—The term ‘battery pack’
means any combination of rechargeable batteries
containing 1 or more regulated batteries that com-
monly has wire leads, terminals, and dielectric hous-
ing.
‘‘(2) EASILY REMOVABLE.—The term ‘easily re-
movable’, used with respect to a rechargeable battery
or battery pack, means the battery or battery pack
is detachable or removable from a rechargeable
consumer product by a consumer with the use of
common household tools at the end of the life of the
battery or battery pack.
‘‘(3) RECHARGEABLE BATTERY.—The term ‘re-
chargeable battery’—
‘‘(A) means any type of enclosed device or
sealed container consisting of 1 or more voltaic
or galvanic cells, electrically connected to
produce electric energy, that is designed to be
recharged for repeated uses; and
‘‘(B) does not include—
‘‘(i) any 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) any lead-acid battery used for
load leveling or for the storage of elec-
tricity generated by an alternative energy
source, such as a solar cell or wind driven
generator;
‘‘(iii) any battery used as a backup
power source for memory or program in-
struction storage, timekeeping, or any
similar purpose that requires uninter-
rupted electrical power in order to function
if the primary energy supply fails or fluc-
tuates momentarily; and
‘‘(iv) any alkaline battery.
‘‘(4) RECHARGEABLE
CONSUMER
PRODUCT.—
The term ‘rechargeable consumer product’—
‘‘(A) means any 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; and
‘‘(B) does not include any product that
uses a battery solely as a backup power source
for memory or program instruction storage,
timekeeping, or any similar purpose that re-
quires uninterrupted electrical power in order to
function if the primary energy supply fails or
fluctuates momentarily.
‘‘(5) REGULATED BATTERY.—The term ‘regu-
lated battery’ means any rechargeable battery that—
‘‘(A) contains a cadmium or a lead elec-
trode or any combination of cadmium and lead
electrodes; or
‘‘(B) has another electrode chemistry and
is the subject of a determination by the Admin-
istrator pursuant to subsection (b)(5).
‘‘(6) REMANUFACTURED PRODUCT.—The term
‘remanufactured product’ means a rechargeable
consumer product that has been altered by the re-
placement of a part, repackaged, or repaired, after
initial sale by the original manufacturer.
‘‘(b) RECHARGEABLE CONSUMER PRODUCTS
AND
LABELING.—
‘‘(1) PROHIBITION.—
‘‘(A) IN GENERAL.—No person shall sell at
retail for use in the United States a regulated
battery or rechargeable consumer product intro-
duced into interstate commerce on or after the
date that is 1 year after the date of enactment
of this subsection, unless—
‘‘(i) the regulated battery—
‘‘(I) is easily removable from the
rechargeable consumer product;
‘‘(II) is contained in a battery
pack that is easily removable from the
product; or
‘‘(III) is sold separately from the
product; and
‘‘(ii) the rechargeable consumer prod-
uct and the regulated battery are labeled
in accordance with paragraph (2).
‘‘(B) APPLICATION.—Subparagraph (A)
shall not apply to—
‘‘(i) the sale of a remanufactured
product unless subparagraph (A) applied
to the sale of the product when originally
manufactured; and
‘‘(ii) a product intended for export
purposes only.
‘‘(2) LABELING.—Each regulated battery, bat-
tery pack, or rechargeable consumer product without
an easily removable battery or battery pack, manu-
factured on or after the date that is 1 year after the
date of enactment of this subsection, shall be labeled
with—
‘‘(A)(i) 3 chasing arrows or a comparable
recycling symbol;
‘‘(ii) proximate to such arrows or symbol—
‘‘(I) on each nickel-cadmium battery
or battery pack, the chemical name or the
abbreviation ‘Ni-Cd’; and
‘‘(II) on lead-acid battery and battery
pack, ‘Pb’ or the words ‘LEAD’, ‘RE-
TURN’, and ‘RECYCLE’; and
‘‘(iii) on each regulated battery or battery
pack, the phrase ‘NICKEL-CADMIUM BAT-
TERY. MUST BE RECYCLED OR DIS-
POSED 
OF 
PROPERLY.’ 
or 
‘SEALED
LEAD BATTERY. BATTERY MUST BE
RECYCLED.’, as applicable;
‘‘(B) on each rechargeable consumer prod-
uct without an easily removable battery or bat-
tery pack, the phrase ‘CONTAINS NICKEL-
CADMIUM BATTERY. BATTERY MUST
BE RECYCLED OR DISPOSED OF PROP-
ERLY.’ or ‘CONTAINS SEALED LEAD
BATTERY. BATTERY MUST BE RECY-
CLED.’, as applicable; and
‘‘(C) on the packaging of each recharge-
able consumer product, and the packaging of
each regulated battery or battery pack sold sep-
arately from such a product, unless the relevant
label is clearly visible through the packaging,
the phrase ‘CONTAINS NICKEL-CADMIUM
BATTERY. BATTERY MUST BE RECY-
CLED OR DISPOSED OF PROPERLY.’ or
‘CONTAINS SEALED LEAD BATTERY.
BATTERY MUST BE RECYCLED.’.
‘‘(3) EXISTING LABELING.—
‘‘(A) SUBSTANTIAL COMPLIANCE.—For a
period of 2 years after the date of enactment of
this subsection, regulated batteries and battery
packs, rechargeable consumer products contain-
ing 
regulated 
batteries, 
and 
rechargeable
consumer product packages, that are labeled in
substantial compliance with paragraph (2) shall
be deemed to comply with the labeling require-
ments of paragraph (2).
‘‘(B) DIFFERENT LABEL.—Upon applica-
tion by a person subject to the labeling require-
ments of paragraph (2) or of the labeling re-
quirements promulgated by the Administrator
under paragraph (5), the Administrator may
approve a different label and certify that the
different label meets the requirements of para-
graph (2) or (5), respectively, if the different
label—
‘‘(i) is substantially similar to the
label required under paragraph (2) or (5),
respectively; or
‘‘(ii) conforms with a recognized inter-
national standard and is consistent with
the overall purposes of this section.
‘‘(4) POINT OF SALE INFORMATION.—Any retail
establishment that offers for sale any battery, bat-
tery pack, or product subject to the labeling require-
ments of paragraph (2) or the labeling requirements
promulgated by the Administrator under paragraph
(5), shall display, in a manner visible to a consumer,
a written notice that informs the consumer that reg-
ulated batteries and battery packs, whether sold sep-
arately or in rechargeable consumer products, shall
be recycled or disposed of properly.
‘‘(5) RULEMAKING AUTHORITY OF THE ADMIN-
ISTRATOR.—
‘‘(A) IN GENERAL.—If the Administrator
determines that other rechargeable batteries
having electrode chemistries different from reg-
ulated 
batteries 
described 
in 
subsection
(a)(7)(A) 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 counsel of State regulatory
authorities and manufacturers of rechargeable
batteries, battery packs, and rechargeable
consumer products, and after public comment—
‘‘(i) promulgate labeling requirements
for the batteries with different electrode
chemistries, battery packs containing the
batteries, rechargeable consumer products
containing the batteries that are not easily
removable batteries, and packaging for the
products; and
‘‘(ii) promulgate easily-removable de-
sign 
requirements 
for 
rechargeable
consumer products designed to contain the
batteries or battery packs.
‘‘(B) SUBSTANTIAL SIMILARITY.—The reg-
ulations promulgated pursuant to subparagraph
(A) shall be substantially similar to the require-
ments set forth contained in paragraphs (1)
and (2).
‘‘(6) UNIFORMITY.—After the effective dates of
a requirement set forth in paragraph (1), (2), or (3)
or a regulation promulgated by the Administrator
under paragraph (5), no Federal agency, State, or
political subdivision of a State may enforce any easy
removability or environmental labeling requirement
for a rechargeable battery, battery pack, or re-
chargeable consumer product that is not identical to
the requirement or regulation.
‘‘(7) EXEMPTIONS.—
‘‘(A) IN GENERAL.—With respect to any
rechargeable consumer product, any person may
submit an application to the Administrator for
an exemption from the requirements of para-
graph (1) in accordance with the procedures
under subparagraph (B). The application shall
include—
‘‘(i) a statement of the specific basis
for the request for the exemption; and
‘‘(ii) the name, business address, and
telephone number of the applicant.
‘‘(B) GRANTING OF EXEMPTION.—Within
60 days after receipt of an application under
subparagraph (A), the Administrator shall ap-
prove or deny the application. Upon approval of
the application, the Administrator shall grant
an exemption to the applicant. The exemption
shall be issued for a period of time that the Ad-
ministrator determines to be appropriate, ex-
cept that such period shall not exceed 1 year.
The Administrator shall grant an exemption on
the basis of evidence supplied to the Adminis-
trator that the manufacturer has been unable
to commence manufacturing the rechargeable
consumer product in compliance with this sub-
section and with an equivalent level of product
performance without the product—
‘‘(i) resulting in danger to human
health, safety, or the environment; or
‘‘(ii) violating requirements for ap-
provals from governmental agencies or
widely recognized private standard-setting
organizations (including Underwriters Lab-
oratories).
‘‘(C) RENEWAL OF EXEMPTION.—A person
granted an exemption under subparagraph (B)
may apply for a renewal of the exemption in ac-
cordance with the requirements and procedures
described in subparagraphs (A) and (B). The
Administrator may grant a renewal of such an
exemption for a period of not more than 1 year
after the date of granting of the renewal.
‘‘(c) REQUIREMENTS.—For the purposes of carrying
out the collection, storage, transportation, recycling, or
proper disposal of used rechargeable batteries, used bat-
tery packs, and used rechargeable consumer products con-
taining rechargeable batteries that are not easily remov-
able rechargeable batteries, persons involved in collecting,
storing, or transporting such batteries, battery packs, or
products to a facility for recycling or proper disposal shall
be subject, in the same manner and with the same limita-
tions, to the same requirements as would apply if the per-
sons were collecting, storing, or transporting batteries
subject to subpart G of part 266 of title 40, Code of Fed-
eral Regulations, as in effect on January 1, 1993, notwith-
standing any regulation or statute.
‘‘(d) COOPERATIVE EFFORTS.—Notwithstanding any
other provision of law, if 2 or more persons who partici-
pate in projects or programs to collect and properly man-
age used rechargeable batteries, used battery packs, or
used rechargeable consumer products advise the Adminis-
trator of their intent, the persons may agree to develop
jointly, or to share in the costs of participating in, such
a project or program and to examine and rely upon such
cost information as is collected during the project or pro-
gram.
‘‘(e) REPORT TO CONGRESS.—
‘‘(1) REPORT
DEADLINES
IN
GENERAL.—Not
later than 3 years after the date of enactment of
this subsection, the Administrator, after consultation
with and obtaining relevant industry wide data from
the States, environmental and consumer groups, and
organizations 
representing 
rechargeable 
battery
manufacturers, rechargeable consumer product man-
ufacturers, and retailers, and after conducting a
public hearing and considering public comment, shall
submit to Congress a report that provides the infor-
mation specified in paragraph (2). In collecting in-
formation for the report, the Administrator shall co-
ordinate with such States, environmental and
consumer groups, and organizations to minimize the
frequency and scope of any reporting requirements
associated with the manufacture, sale, or collection
of regulated batteries.
‘‘(2) CONTENT
OF
REPORT.—The report de-
scribed in paragraph (1) shall include each of the
following:
‘‘(A) A review of the activities carried out
by the entities listed in paragraph (1) with re-
spect to the labeling, collection, transportation,
recycling, and disposal of regulated batteries.
‘‘(B) An estimate, for the period beginning
on the date of enactment of this subsection and
ending on the date of preparation of the report,
of the number of regulated batteries entering
the solid waste stream for disposal in inciner-
ators, landfills and municipal solid waste facili-
ties.
‘‘(C) A review of the recycling and rec-
lamation rates for regulated batteries.
‘‘(D) A review of the availability of per-
mitted facilities sufficient to handle the current
and projected volume of used regulated bat-
teries, along with a complete evaluation of po-
tential regulatory impediments to management
options.
‘‘(E) A list of entities involved in the pro-
duction and distribution of regulated batteries
or rechargeable consumer products and partici-
pating in programs for the collection of regu-
lated batteries.
‘‘(F) A list of entities involved in the pro-
duction and distribution of regulated batteries
or rechargeable consumer products, excluding
retailers, that are not participating in programs
for the collection of regulated batteries. In for-
mulating the list, the Administrator shall not
require any participant to report the name of
any nonparticipant. Prior to listing any entity
as such a nonparticipant, the Administrator
shall determine that the entity should be a par-
ticipant, and independently verify with the en-
tity that the entity is not a participant.
‘‘(3) FREQUENCY OF REPORT.—Not later than
2 years after publication of the report required in
paragraph (1), and every 2 years thereafter, the Ad-
ministrator shall issue a report that provides an up-
date of the information specified in paragraph (2).
‘‘(f) INFORMATION DISSEMINATION.—In consultation
with representatives of rechargeable battery manufactur-
ers, rechargeable consumer product manufacturers, and
retailers, the Administrator shall establish a program to
provide information to the public concerning the proper
handling and disposal of used regulated batteries and used
rechargeable consumer products with easily removable
batteries.
‘‘(g) ENFORCEMENT.—For the purposes of this sec-
tion:
‘‘(1) Whenever on the basis of any information
the Administrator determines that any person has
violated or is in violation of any requirement of this
section, the Administrator may issue an order as-
sessing a civil penalty for any past or current viola-
tion, requiring compliance immediately or within a
reasonable specified time period, or both, or the Ad-
ministrator may commence a civil action in the
United States district court in the district in which
the violation occurred for appropriate relief, includ-
ing a temporary or permanent injunction.
‘‘(2) Any order issued pursuant to this sub-
section shall state with reasonable specificity the na-
ture of the violation. Any penalty assessed in the
order shall not exceed $10,000 for each such viola-
tion. In assessing such a penalty, the Administrator
shall take into account the seriousness of the viola-
tion and any good faith efforts to comply with appli-
cable requirements.
‘‘(3) Any order issued under this section shall
become final unless, not later than 30 days after the
order is served, the person or persons named in the
order request a public hearing. If such a request is
made, the Administrator shall promptly conduct a
public hearing. In connection with any proceeding
under this subsection, the Administrator may issue
subpoenas for the attendance and testimony of wit-
nesses and the production of relevant papers, books,
and documents.
‘‘(4) If a violator fails to take corrective action
within the time period specified in a compliance
order issued under this subsection, the Adminis-
trator may assess a civil penalty of not more that
$10,000 for the continued noncompliance with the
order.
‘‘(5) This section shall be enforced only pursu-
ant to this subsection, notwithstanding the provi-
sions of title I.
‘‘(h) INFORMATION GATHERING AND ACCESS.—(1)
Any person who is required to comply with this section,
including—
‘‘(A) a regulated battery manufacturer;
‘‘(B) a rechargeable consumer product manu-
facturer;
‘‘(C) an authorized agent of a manufacturer de-
scribed in subparagraph (A) or (B);
shall establish and maintain such records and report such
information as the Administrator may by rule reasonably
require to carry out this section.
‘‘(2) The Administrator, or an authorized representa-
tive of the Administrator upon presentation of credentials,
may at reasonable times have access to and copy any
records required to be maintained under paragraph (1).
‘‘(3) The Administrator shall maintain the confiden-
tiality of such records or information maintained or re-
ported under this subsection as contain proprietary infor-
mation.
‘‘(i) STATE AUTHORITY.—Except as provided in sub-
section (b)(6), or as provided in subsection (c) (relating
to requirements and the labeling of rechargeable batteries,
battery packs, or rechargeable consumer products or pack-
ages containing such products), nothing in this section
shall be construed so as to prohibit a State from enacting
and enforcing a standard or requirement that is more
stringent than a standard or requirement established or
promulgated under this section.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
SEC. 4. BATTERY RECYCLING.
(a) AMENDMENT.—The Solid Waste Disposal Act is
amended by adding the following new subtitle at the end
thereof:
‘‘Subtitle K—Battery Recycling
‘‘SEC. 12001. DEFINITIONS.
‘‘For purposes of this subtitle:
‘‘(1) The term ‘battery’ means an alkaline or
lead-acid battery.
‘‘(2) The term ‘battery distributor’ means a
person who sells or offers for sale batteries in inter-
state commerce to battery retailers.
‘‘(3) The term ‘battery retailer’ means a person
who purchases batteries from a battery distributor
for sale to a consumer or who sells or offers to sell
in commerce batteries to a consumer.
‘‘(4) The term ‘consumer’ means a person who
purchases a battery for any use other than resale.
‘‘(5) The term ‘refund value’ means the amount
specified as the refund value of a battery under sec-
tion 12002.
‘‘SEC. 12002. REQUIRED BATTERY LABELING.
‘‘Except as otherwise provided in section 12007, no
battery distributor or battery retailer may sell or offer for
sale in interstate commerce a battery unless there is clear-
ly, prominently, and securely affixed to, or printed on, the
container a statement of the refund value of the battery.
The Administrator shall promulgate rules establishing
uniform standards for the size and location of the refund
value statement on batteries. The refund amount for any
class or category of batteries shall be specified by, and
subject to adjustment by, the Administrator.
‘‘SEC. 12003. ORIGINATION OF REFUND VALUE.
‘‘For each battery sold in interstate commerce to a
battery retailer by a battery distributor, the distributor
shall collect from the retailer the amount of the refund
value shown on the battery. With respect to each battery
sold in interstate commerce to a consumer by a battery
retailer, the retailer shall collect from the consumer the
amount of the refund value shown on the battery. No per-
son other than the persons described in this section may
collect a deposit on a battery.
‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND
PROVISIONS FOR STATE RECYCLING FUNDS.
‘‘(a) UNCLAIMED REFUNDS.—At the end of each cal-
endar year each battery distributor shall pay to each State
an amount equal to the sum by which the total refund
value of all batteries sold by the distributor for resale in
that State during that year exceeds the total sum paid
during that year by the distributor under section 12004(b)
to persons in that State. The total of unclaimed refunds
received by any State under this section shall be available
to carry out pollution prevention and recycling programs
in that State.
‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the
total of payments made by a battery distributor in any
calendar year under section 12004(b) for any State exceed
the total refund value of all batteries sold by the distribu-
tor for resale in that State, the excess shall be credited
against the amount otherwise required to be paid by the
distributor to that State under subsection (a) for a subse-
quent calendar year designated by the battery distributor.
‘‘SEC. 12006. PROHIBITIONS ON POST-REDEMPTION DIS-
POSAL.
‘‘No retailer or distributor or agent of a retailer or
distributor may dispose of any battery labeled under sec-
tion 12002 in any landfill or other solid waste disposal
facility.
under subparagraph (A) or a demonstration is made under
subparagraph (B).
‘‘(b) DETERMINATION OF TAX.—No State or political
subdivision which imposes any tax on the sale of any bat-
tery may impose a tax on any amount attributable to the
refund value of such battery.
‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this
subtitle shall be construed to affect the authority of any
State or political subdivision thereof to enact or enforce
(or continue in effect) any law respecting a refund value
on batteries or from regulating redemption and other cen-
ters which purchase empty batteries from battery retail-
ers, consumers, or other persons.
‘‘SEC. 12008. REGULATIONS.
‘‘Not later than 12 months after the enactment of
this subtitle, the Administrator shall prescribe regulations
to carry out this subtitle. Such regulations shall also ad-
just the refund amount required under section 12002 to
account for inflation. Such adjustment shall be effective
10 years after the enactment of this subtitle and addi-
tional adjustments shall take effect at 10 year intervals
thereafter.
‘‘SEC. 12009. PENALTIES.
‘‘Any person who violates any provision of section
12002, 12003, 12004, or 12006 shall be subject to a civil
penalty of not more than $1,000 for each violation. Any
person who violates any provision of section 12005 shall
be subject to a civil penalty of not more than $10,000 for
each violation.
‘‘SEC. 12010. EFFECTIVE DATE.
‘‘Except as provided in section 12008, this subtitle
shall take effect 2 years after the date of its enactment.’’.
(b) TABLE OF CONTENTS.—The table of contents for
such Act is amended by adding the following at the end
thereof:
‘‘Subtitle K—Battery Recycling
‘‘Sec. 12001. Definitions.
‘‘Sec. 12002. Required battery labeling.
‘‘Sec. 12003. Origination of refund value.
‘‘Sec. 12004. Return of refund value.
‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recy-
cling funds.
‘‘Sec. 12006. Prohibitions on post-redemption disposal.
‘‘Sec. 12007. Exempted States.
‘‘Sec. 12008. Regulations.
‘‘Sec. 12009. Penalties.
‘‘Sec. 12010. Effective date.’’.
SEC. 5. REDUCTION OF MERCURY IN PACKAGING.
(a) DEFINITIONS.—As used in this section:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) DISTRIBUTOR.—The term ‘‘distributor’’
means any person who purchases goods from a man-
ufacturer for sale or promotional use.
(3) INCIDENTAL PRESENCE.—The term ‘‘inci-
dental presence’’ means the presence of mercury in
a package or packaging component if the substance
was not intentionally introduced into the package or
packaging component for its own properties or char-
acteristics.
(4) INTENTIONAL INTRODUCTION.—
(A) IN GENERAL.—The term ‘‘intentional
introduction’’ means the purposeful introduc-
tion of mercury into a package or packaging
component with an intent that one or more of
the substances be present in the package or
packaging component.
(B) EXCLUSION.—The term does not in-
clude—
(i) the background levels of mercury
that naturally occur in raw materials or
are present as postconsumer additions, and
that are not purposefully added to perform
as part of a package or packaging compo-
nent; and
(ii) any trace quantities of a process-
ing aid or similar material used to produce
a product from which a package or pack-
aging component is manufactured, if the
processing aid or similar material is rea-
sonably expected to be consumed or trans-
formed into a nonregulated material dur-
ing the process.
(5) MANUFACTURER.—The term ‘‘manufac-
turer’’ means any person in the chain of production
who makes a package or packaging component for
sale or promotional purposes, including an importer
of packages or packaging components.
(6) 
PACKAGE
OR
PACKAGING.—The 
term
‘‘package’’ or ‘‘packaging’’ means a container that
provides a means of marketing, protecting, or han-
dling a product. The term includes a unit package,
an intermediate, and a chipping container as defined
in standard D-996 issued by the American Society
of Testing and Materials, and unsealed receptacles
such as carrying cases, crates, cups, pails, rigid foil,
and other trays, wrappers and wrapping films, bags,
and tubs.
(7) PACKAGING COMPONENT.—The term ‘‘pack-
aging component’’ means any individual assembled
part of packaging, including any interior or exterior
blocking, bracing, cushioning, weatherproofing, exte-
rior strapping, coating, closure, ink, label, adhesive,
and stabilizer, except that the term does not include
steel strapping. For the purposes of this section, tin-
plated steel that meets the specification under stand-
ard A-623 issued by the American Society of Test-
ing and Materials shall be deemed an individual
packaging component.
(b) PROHIBITION
ON ADDITION
OF MERCURY
IN
PACKAGING.—
(1) IN GENERAL.—Except as provided in sub-
section (c), effective 2 years after the date of enact-
ment of this Act, the intentional introduction of
mercury to packaging or any component thereof dur-
ing manufacturing or distribution by any person is
prohibited.
(2) CONCENTRATION LEVELS.—The sum of the
concentration levels of mercury present in packaging
or any component thereof may not exceed the follow-
ing amounts:
(A) 600 parts per million by weight (0.06
percent) on or after the date that is 2 years
after the date of enactment of this Act and be-
fore the date specified in paragraph (2).
(B) 250 parts per million by weight (0.025
percent) on or after the date that is 3 years
after the date of enactment of this Act and be-
fore the date specified in paragraph (3).
(C) 100 parts per million by weight (0.01
percent) on or after the date that is 4 years
after the date of enactment of this Act.
(c) EXEMPTIONS.—
(1) IN
GENERAL.—The requirements of sub-
section (b) shall not apply to packaging and any
component thereof—
(A) with a code indicating a date of manu-
facture of the packaging or component, or date
of bottling or manufacturing of distilled spirits
and wines, that is prior to the effective date of
this Act; or
(B) if alternative evidence of a date of
manufacture or bottling prior to the effective
date of this Act is provided to the satisfaction
of the Administrator.
(2) SAFETY CONSIDERATIONS.—
(A) IN
GENERAL.—The requirements of
subsection (b) shall not apply to packaging and
any component thereof to which mercury has
been added in the manufacturing, forming,
printing, or distribution process—
(i) in order to comply with health or
safety requirements of Federal law; or
(ii) because the addition of one or
more of the substances is essential for the
protection, safe handling, or functioning of
the contents of the packaging,
if the Administrator grants an exemption from
the requirements of this section to the manufac-
turer of the package or packaging component
on the basis of either criterion.
(B) PERIOD.—If the Administrator deter-
mines that circumstances warrant an exemption
from the requirements of this section, the Ad-
ministrator may grant an exemption for a pe-
riod of 2 years.
(C) RENEWAL.—An exemption under para-
graph (2) may, on meeting either criterion
under paragraph (1), be renewed every 2 years.
(3) USE
OF
RECYCLED
MATERIALS.—During
the 6-year period beginning on the date of enact-
ment of this Act, the requirements of subsection (b)
shall not apply to packaging and any component
thereof that would not exceed the concentration lev-
els in subsection (b) but for the addition of recycled
materials.
(d) CERTIFICATE OF COMPLIANCE.—
(1) IN GENERAL.—
(A) REQUIREMENT.—Not later than 2
years after the date of enactment of this Act,
the manufacturer or supplier of packaging or
any component thereof shall furnish to each
purchaser a certificate of compliance stating
that the packaging or packaging component is
in compliance with the requirements of this sec-
tion.
(B) EXEMPTIONS.—If the manufacturer or
supplier claims an exemption under subsection
(c), the manufacturer or supplier shall state the
specific basis on which the exemption is claimed
on the certificate of compliance.
(C) SIGNATURE.—The certificate of com-
pliance shall be signed by an authorized official
of the manufacturing or supplying company.
(D) RETENTION OF CERTIFICATE BY PUR-
CHASER.—The purchaser shall retain the cer-
tificate of compliance for as long as the packag-
ing is in use.
(E) RETENTION
OF
COPY
BY
MANUFAC-
TURER OR SUPPLIER.—A copy of the certificate
of compliance shall be kept on file by the manu-
facturer or supplier of the packaging or packag-
ing component.
(F) COPIES TO ADMINISTRATOR AND PUB-
LIC.—A copy of the certificate of compliance
shall be furnished to the Administrator on re-
quest, and to members of the public in accord-
ance with subsection (e).
(2) AMENDED OR NEW CERTIFICATE.—If the
manufacturer or supplier of packaging or packaging
components reformulates or creates a new package
or packaging component, the manufacturer or sup-
plier shall provide an amended or new certificate of
compliance for the reformulated or new package or
packaging component.
(e) PUBLIC ACCESS.—
(1) REQUEST.—A request from a member of
the public for a copy of a certificate of compliance
from the manufacturer or supplier of packaging or
components thereof shall be—
(A) in writing, with a copy provided to the
Administrator; and
(B) specific as to the package or packaging
component information requested.
(2) RESPONSE TO REQUEST.—A manufacturer
shall respond to a request that meets the require-
ments of paragraph (1) not later than 60 days after
receipt of the request.
(f) FEDERAL ENFORCEMENT.—Whenever on the
basis of any information the Administrator determines
that any person has violated or is in violation of this sec-
tion, the Administrator may issue an order assessing a
civil penalty in an amount not to exceed $25,000.
(g) NONPREEMPTION.—Nothing in this section shall
be construed so as to prohibit a State from establishing
and enforcing a standard or requirement with respect to
toxic metals in packaging that is more stringent than a
standard or requirement relating to toxic metals in pack-
aging established or promulgated under this section.
(h) REGULATIONS.—Not later than 18 months after
the date of enactment of this Act, the Administrator shall
promulgate regulations to carry out this section.
SEC. 6. PROHIBITION ON USE OF MERCURY AS A FUN-
GICIDE.
The Federal Insecticide, Fungicide, and Reodenticide
Act is amended is amended by adding the following new
paragraph at the end of subsection (c) of section 3:
‘‘(9) 
FUNGICIDES
CONTAINING
PHENYL-
MERCURIC ACETATE.—The Administrator may not
register or reregister any fungicide containing
phenylmercuric acetate, and any registration of any
such fungicide prior to the enactment of this para-