1. A person shall not distribute, sell, or offer for retail sale in the state a rechargeable consumer product manufactured on or after January 1, 1994, unless all of the following conditions are met:

 a. The battery can be easily removed by the consumer, or is contained in a battery pack that is separate from the product and can be easily removed.
 b. The battery, the instruction manual, and the product package are clearly labeled to indicate that the battery must be recycled or disposed of properly and includes the designation “Cd” or “Ni-Cd” for nickel-cadmium batteries and “Pb” or “Lead” for small lead batteries.

Terms Used In Iowa Code 455D.10B

  • Department: means the department of natural resources created pursuant to section 455A. See Iowa Code 455D.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Manufacturer: means a person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade. See Iowa Code 462A.2
  • Package: means a container which provides a means of marketing, protecting, or handling a product including a unit package, intermediate package, or a shipping container. See Iowa Code 455D.19
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
 2. a. A rechargeable consumer product manufacturer may apply to the department for exemption from the requirements of subsection 1 if any of the following apply:

 (1) The product cannot be redesigned or manufactured to comply with the requirements prior to January 1, 1994.
 (2) The redesign of the product to comply with the requirements would result in significant danger to public health and safety.
 (3) The battery poses no unreasonable hazard to public health, safety, or the environment when placed in and processed or disposed of as part of mixed municipal solid waste, pursuant to section 455D.10A.
 (4) The consumer product manufacturer has in operation a program to recycle used batteries in an environmentally sound manner.
 b. A manufacturer of a product that is powered by a battery that cannot be easily removed who has been granted an exemption under this subsection shall label the product as required in subsection 1, paragraph “b”.
 3. An exemption granted by the department under subsection 2, paragraph “a”, subparagraph (1), is limited to a maximum of two years, but may be renewed.
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