Mercury-Containing and Rechargeable Battery Management Act
PL 104-142 (H.R.2024), enacted 05/13/1996

PUBLIC LAW 104-142—MAY 13, 1996 
110 STAT. 1329 
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 pubUc 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) ADMINISTRATOR.—^The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 
(2) BUTTON CELL.—^The term "button cell" means a button-
or coin-shaped batteiy. 
(3) EASILY 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. 
May 13, 1996 
[H.R. 2024] 
Mercury-
Containing and 
Rechai^eable 
Battery 
Management Act. 
Environmental 
protection. 
42 u s e 14301 
note. 
42 u s e 14301. 
42 u s e 14302. 
110 STAT. 1330 
PUBLIC LAW 104-142—MAY 13, 1996 
(4) MERGURIC-OXIDE BATTERY.—The term "mercuric-oxide 
battery" means a battery that uses a mercuric-oxide electrode. 
(5) RECHARGEABLE 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 
(C) does not include— 
(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 £iny similar purpose that requires iminterrupted 
electrical power in order to function if the primary 
energy supply fails or fluctuates momentarily; or 
(iv) a rechargeable alkaline battery. 
(6) 
RECHARGEABLE 
CONSUMER 
PRODUCT.—The 
term 
"rechargeable consumer product"— 
(A) means a product that, when sold at retail, includes 
a reg^ilated 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) REGULATED BATTERY.—The term "regulated battery" 
mesins 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) REMANUFACTURED 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. 
42 use 14303. 
SEC. 4. INFORMATION DISSEMINATION. 
The Administrator shall, in consultation with representatives 
of rechargeable battery manufacturers, rechargeable consumer prod-
uct manufacturers, and retsiilers, establish a program to provide 
PUBLIC LAW 104-142—MAY 13, 1996 
110 STAT. 1331 
information to the public concerning the proper handUng and dis-
posal of used regulated batteries £ind rechargeable consumer prod-
ucts with nonremovable batteries. 
SEC. 5. ENFORCEMENT. 
42 USC 14304. 
(a) CIVIL PENALTY.—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) CONTENTS OF ORDER.—An order under subsection (a)(1) 
shall state with reasonable specificity the nature of the violation. 
(c) CONSIDERATIONS.—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) FINALITY OF ORDER; REQUEST FOR HEARING.—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) HEARING.—On receiving a request under subsection (d), 
the Administrator shall promptly conduct a hearing on the record. 
if) SUBPOENA POWER,—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) CONTINUED VIOIJ^TION AFTER EXPIRATION OF PERIOD FOR 
COMPLIANCE.—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 noncompliiince with the order. 
(h) SAVINGS PROVISION.—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. 
110 STAT. 1332 
PUBLIC LAW 104-142—MAY 13, 1996 
42 use 14305. 
SEC. 6. INFORMATION GATHERING AND ACCESS. 
(a) RECORDS AND REPORTS.—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) ACCESS AND COPYING.—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). 
(c) CONFIDENTIALITY.—The Administrator shall maintain the 
confidentiality of documents and records that contain proprietary 
information. 
42 use 14306. 
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 stsindard or requirement that is more 
stringent than a standard or requirement established or promul-
gated under this Act. 
42 use 14307. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Rechargeable 
Battery Recycling 
Act. 
TITLE I—RECHARGEABLE BATTERY 
RECYCLING ACT 
42 use 14301 
note. 
42 use 14321. 
42 use 14322. 
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) PROHIBITION.— 
PUBLIC LAW 104-142—MAY 13, 1996 
110 STAT. 1333 
(1) IN 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) APPLICATION.—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) 
LABELING.—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 appHcable. 
(c) EXISTING OR ALTERNATIVE LABELING.— 
(1) INITIAL 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) CERTIFICATION.— 
(A) IN 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) 
CONSTRUCTIVE 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) RULEMAKING AUTHORITY OF THE ADMINISTRATOR.— 
(1) IN 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) SUBSTANTIAL SIMILARITY.—The regulations promulgated 
under paragraph (1) shall be substantially similar to the 
requirements set forth in subsections (a) and (b). 
(e) UNIFORMITY.—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) EXEMPTIONS.— 
(1) 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 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) GRANTING 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 
PUBLIC LAW 104-142—MAY 13, 1996 
110 STAT. 1335 
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) RENEWAL 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. 
42 USC 14323. 
(a) BATTERIES SUBJECT TO CERTAIN REGULATIONS.—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 trginsportation, 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) ENFORCEMENT UNDER SOLID WASTE DISPOSAL ACT.—(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. 
110 STAT. 1336 
PUBLIC LAW 104-142—MAY 13, 1996 
Mercury-
Containing 
Battery 
Management Act. 
42 use 14301 
note. 
42 use 14331. 
42 use 14332. 
TITLE II—MERCURY-CONTAINING 
BATTERY MANAGEMENT ACT 
42 use 14333. 
42 use 14334. 
42 use 14335. 
42 use 14336. 
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) PROHIBITION.—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); £ind 
(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) APPLICATION O F SECTION.—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 
PUBLIC LAW 104-142—MAY 13, 1996 
110 STAT. 1337 
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. 
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. 
29-194 O - 96 - 18 : QL 3 Part 2