§ 7587. Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A.
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§ 7587. Retailer obligations [Effective until January 1, 2026; see also 10 V.S.A. § 7587 effective January 1, 2026, set out below]
(a)Sale prohibited. Except as set forth in subsection
(b)of this section, no retailer shall sell or offer for sale a primary battery on or after January 1, 2016 unless the producer of the primary battery is implementing an approved primary battery stewardship plan, is a member of a primary battery stewardship organization implementing an approved primary battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.
(b)Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under this subsection if:
(1)the retailer purchased the primary battery prior to January 1, 2016 and sells the primary battery on or before January 1, 2017; or
(2)the producer’s primary battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries prior to the expiration or revocation of the producer’s primary battery stewardship plan.
(c)Educational material. A producer or primary battery stewardship organization supplying primary batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries. The retailer shall make the educational materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
§ 7587. Retailer obligations [Effective January 1, 2026; see also 10 V.S.A. § 7587 effective until January 1, 2026]
(a)Sale prohibited. Except as set forth in subsection
(b)of this section, no retailer shall sell or offer for sale a primary battery, rechargeable battery, or battery-containing product on or after January 1, 2026 unless the producer of the primary battery, rechargeable battery, or battery-containing product is implementing an approved battery stewardship plan, is a member of a battery stewardship organization implementing an approved battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.
(b)Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery, rechargeable battery, or battery-containing product under this subsection if:
(1)the retailer purchased the primary battery weighing 4.4 pounds or less prior to January 1, 2016 and sells the primary battery on or before January 1, 2017;
(2)the retailer purchased the primary battery weighing more than 4.4. pounds, battery-containing product, or rechargeable battery, prior to January 1, 2026 and sells the primary battery, battery-containing product, or rechargeable battery on or before January 1, 2027; or
(3)the producer’s battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries, rechargeable batteries, or battery-containing products prior to the expiration or revocation of the producer’s battery stewardship plan.
(c)Educational material. A producer or battery stewardship organization supplying covered batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries and rechargeable batteries. The retailer shall make the educational materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. January 1, 2026.)