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Title 42 — The Public Health and Welfare

Chapter 137 — Management of Rechargeable Batteries and Batteries Containing Mercury

§ 14302. Definitions

Statutory text

For purposes of this chapter:

(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 battery.

(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.

(4)

Mercuric-oxide battery

The term “mercuric-oxide battery” means a battery that uses a mercuric-oxide electrode.

(5)

Rechargeable battery

The term “rechargeable battery”—

(A)

means 1 or more voltaic or galvanic cells, electrically connected to produce electric energy, that is designed to be recharged for repeated uses; and

(B)

includes any type of enclosed device or sealed container 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 14322 of this title, 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 any similar purpose that requires uninterrupted 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 regulated 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” means 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 14322(d) of this title.

(8)

Remanufactured product

The term “remanufactured 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Mercury-Containing and Rechargeable Battery Management Act

    Pub. L. 104–142 § 3 · 110 Stat. 1329

    Enacted · 42 U.S.C. § 14302

    (Pub. L. 104–142, § 3, May 13, 1996, 110 Stat. 1329.)

    Source evidence

    Code source credit
    (Pub. L. 104–142, § 3, May 13, 1996, 110 Stat. 1329.)

    Enacted provision · exact public law section
    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 battery. (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. (4) Mercuric-Oxide Battery.— The term “mercuric-oxide battery” means a battery that uses a mercuric-oxide electrode. (5) Rechargeable Battery.— The term “rechargeable battery”— (A) means 1 or more voltaic or galvanic cells, electrically connected to produce electric energy, that is designed to be recharged for repeated uses; and (B) includes any type of enclosed device or sealed container 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 any similar purpose that requires uninterrupted 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 regulated 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” means 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 “remanufactured 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.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 104–142, § 3, , 110 Stat. 1329.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s14302