81-15,316.

Battery stewardship organization; membership required; when; covered battery or battery containing product; sale, offer for sale, or distribute for sale; restrictions; fee, prohibited.

(1) Beginning January 1, 2028, no producer or retailer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the producer of the covered battery or battery containing product is a member of a battery stewardship organization operating under a battery stewardship plan approved by the department under section 81-15,317. This subsection does not apply to a retailer if the website maintained by the department under section 81-15,322 lists, as of the date a battery or product is made available for retail sale, the producer or brand of the battery or product as being covered by a battery stewardship plan approved by the department under section 81-15,317.

(2) Beginning January 1, 2028, no producer or retailer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked with an identification of the producer of the battery. This subsection does not apply if the battery is less than one-half inch in diameter or does not contain a surface with a length that exceeds one-half inch.

(3) Beginning January 1, 2029, no producer or retailer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked to ensure proper collection and recycling by:

(a) Identifying the chemistry of the battery; and

(b) Including an indication that the battery should not be disposed of as household waste. This subdivision does not apply if the battery is less than one-half inch in diameter or does not contain a surface with a length that exceeds one-half inch.

(4) A producer, retailer, or battery stewardship organization may not charge a point-of-sale fee to consumers to cover the costs of implementing a battery stewardship plan approved by the department under section 81-15,317.