Page:United States Statutes at Large Volume 110 Part 2.djvu/544

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110 STAT. 1336 PUBLIC LAW 104-142 —MAY 13, 1996 Mercury- Containing Battery Management Act. 42 USC 14301 note. 42 USC 14331. 42 USC 14332. TITLE II—MERCURY-CONTAINING BATTERY MANAGEMENT ACT 42 USC 14333. 42 USC 14334. 42 USC 14335. 42 USC 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 batteries of the collection site identified under paragraph (1); and (3) informs each of its purchasers of mercuric-oxide batteries of a telephone number that the purchaser may call to get information about sending mercuric-oxide batteries for recycling or proper disposal. (b) APPLICATION OF 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