Vermont Statutes Title 10 Sec. 7582
Terms Used In Vermont Statutes Title 10 Sec. 7582
- Agency: means the Agency of Natural Resources. See
- Brand: means a name, symbol, word, or traceable mark that identifies a primary battery and attributes the primary battery to the owner or licensee of the brand as the producer. See
- plan: means a plan submitted to the Secretary pursuant to section 7584 of this title by an individual producer or a primary battery stewardship organization. See
- Primary battery: means a nonrechargeable battery weighing two kilograms or less, including alkaline, carbon-zinc, and lithium metal batteries. See
- Primary battery stewardship organization: means an organization appointed by one or more producers to act as an agent on behalf of a producer or producers to design, submit, implement, and administer a primary battery stewardship plan under this chapter. See
- producer: means one of the following with regard to a primary battery that is sold or offered for sale in the State:
- Retailer: means a person who offers a primary battery for sale to any consumer or business at retail in the State through any means, including remote offerings such as sales outlets, catalogues, or an Internet website. See
- Secretary: means the Secretary of Natural Resources. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 7582. Sale of primary batteries
(a) Sale prohibited. Except as set forth under subsections (b) and (c) of this section, beginning on January 1, 2016, a producer of a primary battery shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary battery unless:
(1) the producer or the primary battery stewardship organization in which the producer is participating is registered under an approved and implemented primary battery stewardship plan;
(2) the producer or primary battery stewardship organization has paid the fee under section 7594 of this title; and
(3) the name of the producer and the producer’s brand are designated on the Agency website as covered by an approved primary battery stewardship plan.
(b) New producers.
(1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for sale, or offer for promotional purposes in the State a primary battery not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a primary battery not covered by an approved primary battery stewardship plan.
(2) The Secretary shall list a producer who supplies notice under this subsection as a “new producer” on the Agency’s website. A producer that supplies notice under this subsection shall have 90 days, not including the time required for public comment under subsection 7586(c) of this section, to either join an existing primary battery stewardship organization or submit a primary battery stewardship plan for approval to the State.
(c) Exemption. A producer who annually sells, offers for sale, distributes, or imports in or into the State primary batteries with a total retail value of less than $2,000.00 shall be exempt from the requirements of this chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)