--- kind: "section" citation: "42 U.S.C. § 14322" title: "42" title_heading: "The Public Health and Welfare" number: "14322" heading: "Rechargeable consumer products and labeling" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/14322" units: - "Chapter 137 — Management of Rechargeable Batteries and Batteries Containing Mercury" - "Subchapter II — Recycling of Rechargeable Batteries" --- # §14322. Rechargeable consumer products and labeling - (a) **Prohibition—** - (1) **In general—** No person shall sell for use in the United States a [regulated battery](/usc/42/14302.md?p=7) that is ready for retail sale or a [rechargeable consumer product](/usc/42/14302.md?p=6) that is ready for retail sale, if such battery or product was manufactured on or after the date 12 months after May 13, 1996, unless the labeling requirements of [subsection (b)](#b) are met and, in the case of a [regulated battery](/usc/42/14302.md?p=7), the [regulated battery](/usc/42/14302.md?p=7)— - (A) is [easily removable](/usc/42/14302.md?p=3) from the [rechargeable consumer product](/usc/42/14302.md?p=6); or - (B) is sold separately. - (2) **Application—** [Paragraph (1)](#a-1) does not apply to any of the following: - (A) The sale of a [remanufactured product](/usc/42/14302.md?p=8) unit unless [paragraph (1)](#a-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](/usc/42/14302.md?p=7) or [rechargeable consumer product](/usc/42/14302.md?p=6) without an [easily removable](/usc/42/14302.md?p=3) battery manufactured on or after the date that is 1 year after May 13, 1996, 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](/usc/42/14302.md?p=7) 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](/usc/42/14302.md?p=7) which is a lead-acid battery, “Pb” or the words “LEAD”, “RETURN”, and “RECYCLE” and if the [regulated battery](/usc/42/14302.md?p=7) is sealed, the phrase “BATTERY MUST BE RECYCLED.”. - (3) On each [rechargeable consumer product](/usc/42/14302.md?p=6) containing a [regulated battery](/usc/42/14302.md?p=7) that is not [easily removable](/usc/42/14302.md?p=3), 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 product](/usc/42/14302.md?p=6), and the packaging of each [regulated battery](/usc/42/14302.md?p=7) sold separately from such a product, unless the required label is clearly visible through the packaging, 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. - (c) **Existing or alternative labeling—** - (1) **Initial period—** For a period of 2 years after May 13, 1996, [regulated batteries](/usc/42/14302.md?p=7), [rechargeable consumer products](/usc/42/14302.md?p=6) containing [regulated batteries](/usc/42/14302.md?p=7), and [rechargeable consumer product](/usc/42/14302.md?p=6) packages that are labeled in substantial compliance with [subsection (b)](#b) shall be deemed to comply with the labeling requirements of [subsection (b)](#b). - (2) **Certification—** - (A) **In general—** On application by persons subject to the labeling requirements of [subsection (b)](#b) or the labeling requirements promulgated by the [Administrator](/usc/42/14302.md?p=1) under [subsection (d)](#d), the [Administrator](/usc/42/14302.md?p=1) shall certify that a different label meets the requirements of subsection [(b)](#b) or [(d)](#d), respectively, if the different label— - (i) conveys the same information as the label required under subsection [(b)](#b) or [(d)](#d), respectively; or - (ii) conforms with a recognized international standard that is consistent with the overall purposes of this subchapter. - (B) **Constructive certification—** Failure of the [Administrator](/usc/42/14302.md?p=1) to object to an application under [subparagraph (A)](#c-2-A) on the ground that a different label does not meet either of the conditions described in subparagraph [(A)(i)](#c-2-A-i) or (ii) within 120 days after the date on which the application is made shall constitute certification for the purposes of this chapter. - (d) **Rulemaking authority of Administrator—** - (1) **In general—** If the [Administrator](/usc/42/14302.md?p=1) determines that other [rechargeable batteries](/usc/42/14302.md?p=5) having electrode chemistries different from [regulated batteries](/usc/42/14302.md?p=7) are toxic and may cause substantial harm to human health and the environment if discarded into the solid waste stream for land [disposal](/usc/42/2021b.md?p=7) or incineration, the [Administrator](/usc/42/14302.md?p=1) may, with the advice and counsel of [State](/usc/42/2021b.md?p=14) regulatory authorities and manufacturers of [rechargeable batteries](/usc/42/14302.md?p=5) and [rechargeable consumer products](/usc/42/14302.md?p=6), and after public comment— - (A) promulgate labeling requirements for the batteries with different electrode chemistries, [rechargeable consumer products](/usc/42/14302.md?p=6) containing such batteries that are not [easily removable](/usc/42/14302.md?p=3) batteries, and packaging for the batteries and products; and - (B) promulgate requirements for easy removability of [regulated batteries](/usc/42/14302.md?p=7) from [rechargeable consumer products](/usc/42/14302.md?p=6) designed to contain such batteries. - (2) **Substantial similarity—** The regulations promulgated under [paragraph (1)](#d-1) shall be substantially similar to the requirements set forth in subsections [(a)](#a) and [(b)](#b). - (e) **Uniformity—** After the effective dates of a requirement set forth in subsection [(a)](#a), [(b)](#b), or [(c)](#c) or a regulation promulgated by the [Administrator](/usc/42/14302.md?p=1) under [subsection (d)](#d), no Federal [agency](/usc/42/8262.md?p=1), [State](/usc/42/2021b.md?p=14), or political subdivision of a [State](/usc/42/2021b.md?p=14) may enforce any easy removability or environmental labeling requirement for a [rechargeable battery](/usc/42/14302.md?p=5) or [rechargeable consumer product](/usc/42/14302.md?p=6) that is not identical to the requirement or regulation. - (f) **Exemptions—** - (1) **In general—** With respect to any [rechargeable consumer product](/usc/42/14302.md?p=6), any person may submit an application to the [Administrator](/usc/42/14302.md?p=1) for an exemption from the requirements of [subsection (a)](#a) in accordance with the procedures under [paragraph (2)](#f-2). The application shall include the following information: - (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)](#f-1), the [Administrator](/usc/42/14302.md?p=1) shall approve or deny the application. On approval of the application the [Administrator](/usc/42/14302.md?p=1) shall grant an exemption to the applicant. The exemption shall be issued for a period of time that the [Administrator](/usc/42/14302.md?p=1) determines to be appropriate, except that the period shall not exceed 2 years. The [Administrator](/usc/42/14302.md?p=1) shall grant an exemption on the basis of evidence supplied to the [Administrator](/usc/42/14302.md?p=1) that the manufacturer has been unable to commence manufacturing the [rechargeable consumer product](/usc/42/14302.md?p=6) in compliance with the requirements of this section and with an equivalent level of product performance without the product— - (A) posing a threat to human health, safety, or the environment; or - (B) violating requirements for approvals from governmental [agencies](/usc/42/8262.md?p=1) or widely recognized private standard-setting organizations (including Underwriters Laboratories). - (3) **Renewal of exemption—** A person granted an exemption under [paragraph (2)](#f-2) may apply for a renewal of the exemption in accordance with the requirements and procedures described in paragraphs [(1)](#f-1) and [(2)](#f-2). The [Administrator](/usc/42/14302.md?p=1) 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. ## Source credit (Pub. L. 104–142, title I, § 103, May 13, 1996, 110 Stat. 1332.)