Zinc air button cell batteries and providing penalties

2. No person may sell or offer for sale any other alkaline manganese battery manufactured after January 1, 1996, or any zinc carbon battery manufactured after July 1, 1994, unless the manufacturer has certified to DATCP that the battery contains no mercury that was intentionally introduced.

3. Except for a mercuric oxide button cell battery, no person may sell or offer for sale a mercuric oxide battery unless the manufacturer informs purchasers of a recycling or disposal site for the battery.

This bill creates a new restriction for a "zinc air button cell battery," which the bill defines as a battery that resembles a button in size and shape and that has a zinc anode, an alkaline electrolyte, and cathode that is capable of catalyzing oxygen when present. The bill prohibits a person from selling or offering for sale at retail a zinc air button cell battery manufactured after January 1, 2013, unless the manufacturer certifies to DATCP that the battery has no mercury that was intentionally introduced. The bill requires DATCP to compile and make available to the public a list of zinc air button cell batteries for which it receives such a certification. Under current law, DATCP has the same duty regarding certifications it receives for alkaline manganese and zinc carbon batteries. A person who sells a zinc air button cell battery at retail in violation of the bill is subject to a forfeiture of not less than $50 nor more than $200 and a manufacturer who submits a fraudulent certification is subject to a forfeiture of not less than $1,000 nor more than $10,000. The same forfeitures apply to the restrictions under current law described above.