SB 407

Current law imposes restrictions on the following batteries:

1. No person may sell or offer for sale an alkaline manganese button cell battery

manufactured after January 1, 1996, unless the manufacturer has certified to the

Department of Agriculture, Trade and Consumer Protection (DATCP) that the

battery contains no more than 25 milligrams of mercury.

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.