§ 27-0719. Battery management and disposal.\n 1. Legislative intent. It is the intent of the legislature to minimize\nthe risk to the environment posed by batteries, both in consumer and\nnon-consumer uses, whether rechargeable or nonrechargeable. Such risk is\nto be addressed through the elimination of mercury in zinc carbon\nbatteries, the minimization of mercury in alkaline manganese batteries,\nthe redesign of certain products containing rechargeable batteries, and\nthrough the development of an action plan to establish a schedule for\ncollection systems capable of providing for the recycling or disposal of\nall mercuric oxide batteries, silver oxide batteries, nickel cadmium\nbatteries, small lead acid batteries, and other types of batteries the\ncommissioner may identify.\n 2. Defi
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§ 27-0719. Battery management and disposal.\n 1. Legislative intent. It is the intent of the legislature to minimize\nthe risk to the environment posed by batteries, both in consumer and\nnon-consumer uses, whether rechargeable or nonrechargeable. Such risk is\nto be addressed through the elimination of mercury in zinc carbon\nbatteries, the minimization of mercury in alkaline manganese batteries,\nthe redesign of certain products containing rechargeable batteries, and\nthrough the development of an action plan to establish a schedule for\ncollection systems capable of providing for the recycling or disposal of\nall mercuric oxide batteries, silver oxide batteries, nickel cadmium\nbatteries, small lead acid batteries, and other types of batteries the\ncommissioner may identify.\n 2. Definitions. For the purposes of this section, the following\ndefinitions shall apply:\n (a) A "battery" means a device consisting of one or more cells, each\ncell consisting of a positive electrode, a negative electrode and an\nelectrolyte, which is used to provide stored electrical power.\n (b) An "alkaline manganese battery" means a battery consisting of a\nmanganese dioxide positive electrode, a zinc negative electrode and an\nalkaline electrolyte.\n (c) A "mercuric oxide battery" means a battery consisting of a\nmercuric oxide positive electrode and a zinc negative electrode.\n (d) A "nickel cadmium battery" means a battery consisting of a nickel\npositive electrode and a cadmium negative electrode.\n (e) A "small lead-acid battery" means a battery consisting of positive\nand negative electrode materials which are leads or compounds thereof,\nused in nonvehicular applications and weighing less than twenty-five\npounds.\n (f) A "zinc carbon battery" means a battery consisting of a manganese\ndioxide positive electrode, a zinc negative electrode, and a\nnon-alkaline electrolyte.\n (g) A "silver oxide battery" means a battery consisting of a silver\noxide positive electrode, and a zinc negative electrode.\n (h) A "battery pack" means one or more batteries enclosed in a\nhousing.\n (i) A "distributor" means a seller of batteries or devices that\ncontain batteries at the time of sale.\n (j) "Easily removed" means a battery or battery pack which is either\ndetachable or readily removable by the consumer from a consumer product\nwithout cutting or desoldering any wires.\n 3. Mercury reduction and elimination. (a) No person may knowingly sell\nor offer for sale in New York state an alkaline manganese battery\nmanufactured on or after January first, nineteen hundred ninety-two,\nwhich contains more than 0.025 percent mercury by weight of the battery;\nprovided, however, that for alkaline manganese batteries having sizes\nand shapes resembling buttons or coins, the limitation on mercury\ncontent shall be twenty-five milligrams of mercury per battery.\n (b) No person may knowingly sell or offer for sale in New York state a\nzinc carbon battery manufactured on or after January first, nineteen\nhundred ninety-three that contains a mercury concentration level of more\nthan one part per million (0.0001%) by weight.\n 4. Rechargeable batteries. (a) No distributor may sell or offer for\nsale any product which contains a nickel cadmium or small lead-acid\nbattery or battery pack manufactured after July first, nineteen hundred\nninety-three unless:\n (1) In the case of consumer products, the battery can be easily\nremoved by the consumer, or is contained in a battery pack that is\nseparate from the product and can be easily removed from the product.\n (2) In the case of nonconsumer products, the battery can be removed or\nis contained in a battery pack that is separate from the product.\n (3) In all cases, the battery is clearly marked as to its type, so\nthat consumers, collectors and recyclers may easily identify chemical\ncontent.\n (b) The commissioner shall authorize the sale of a consumer product or\na nonconsumer product which does not comply with paragraph (a) of this\nsubdivision, if the commissioner determines that:\n (1) The product was available for sale on or before the effective date\nof this section, and the product cannot reasonably be redesigned and\nmanufactured prior to July first, nineteen hundred ninety-three;\nprovided, however, that such authorizations shall not apply to products\nmanufactured on or after July first, nineteen hundred ninety-five; or\n (2) Design of the product to comply with paragraph (a) of this\nsubdivision would result in significant danger to public health and\nsafety.\n 5. Technology assessment, collection and recycling. On or before\nJanuary first, nineteen hundred ninety-three, the commissioner, in\nconsultation with the commissioner of economic development and battery\nmanufacturers, battery recyclers and others, shall report to the\ngovernor and the legislature on an action plan which reviews the\ntechnological feasibility of requiring the elimination of mercury from\nalkaline manganese batteries, and establishes a schedule for collection\nsystems capable of providing for the recycling or disposal of all\nmercuric oxide batteries, silver oxide batteries, nickel cadmium\nbatteries, small lead acid batteries, and such other type of batteries\nas the commissioner may identify. Such plan and schedule shall identify\nthe appropriate role of battery manufacturers, retailers, consumers,\nrecyclers and others in the implementation of collection systems and\nprovide an evaluation of the feasibility of a returnable battery deposit\nsystem in New York state; provided, however, that nothing contained\nherein shall be deemed to authorize the commissioner to impose such\nsystem or systems.\n