Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 14322: Rechargeable consumer products and labeling
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is easily removable from the rechargeable consumer product; or is sold separately. The sale of a remanufactured product unit unless paragraph (1) applied to the sale of the unit when originally manufactured. The sale of a product unit intended for export purposes only. 3 chasing arrows or a comparable recycling symbol. On each regulated battery 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.”. On each regulated battery which is a lead-acid battery, “Pb” or the words “LEAD”, “RETURN”, and “RECYCLE” and if the regulated battery is sealed, the phrase “BATTERY MUST BE RECYCLED.”. On each rechargeable consumer product containing a regulated battery that is not easily removable, 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. On the packaging of each rechargeable consumer product, and the packaging of each regulated battery 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. For a period of 2 years after May 13, 1996 , regulated batteries, rechargeable consumer products containing regulated batteries, and rechargeable consumer product packages that are labeled in substantial compliance with subsection (b) shall be deemed to comply with the labeling requirements of subsection (b). conveys the same information as the label required under subsection (b) or (d), respectively; or conforms with a recognized international standard that is consistent with the overall purposes of this subchapter. Failure of the Administrator to object to an application under subparagraph (A) on the ground that a different label does not meet either of the conditions described in subparagraph (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. promulgate labeling requirements for the batteries with different electrode chemistries, rechargeable consumer products containing such batteries that are not easily removable batteries, and packaging for the batteries and products; and promulgate requirements for easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. The regulations promulgated under paragraph (1) shall be substantially similar to the requirements set forth in subsections (a) and (b). After the effective dates of a requirement set forth in subsection (a), (b), or (c) or a regulation promulgated by the Administrator under subsection (d), no Federal agency, State, or political subdivision of a State may enforce any easy removability or environmental labeling requirement for a rechargeable battery or rechargeable consumer product that is not identical to the requirement or regulation. A statement of the specific basis for the request for the exemption. The name, business address, and telephone number of the applicant. posing a threat to human health, safety, or the environment; or violating requirements for approvals from governmental agencies or widely recognized private standard-setting organizations (including Underwriters Laboratories). A person granted an exemption under paragraph (2) may apply for a renewal of the exemption in accordance with the requirements and procedures described in paragraphs (1) and (2). The Administrator 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.
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