Page:United States Statutes at Large Volume 110 Part 2.djvu/541

 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 manufactured 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 " C ONTAINS 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 product, 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. ", a s 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 labeling requirements promulgated by the Administrator under subsection (d), the Administrator shall certify that a dif-

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