Subdivision 1. Purchasers must return battery or pay surcharge. (a) A person who purchases a lead acid battery at retail, except a lead acid battery that is designed to provide power for a boat motor that is purchased at the same time as the battery, must:
(1) return a lead acid battery to the retailer; or
(2) pay the retailer a surcharge of at least $10.
(b) A person who has paid a surcharge under paragraph (a) must receive a refund of the surcharge from the retailer if the person returns a lead acid battery with a receipt for the purchase of a new battery from that retailer within 30 days after purchasing a new lead acid battery.
(c) A retailer may keep the unrefunded surcharges for lead acid batteries not returned within 30 days.
Subd. 2. Retailers must accept batteries. (a) A person who sells lead acid batteries at retail must accept lead acid batteries from consumers and may not charge to receive the lead acid batteries. A consumer may not deliver more than five lead acid batteries to a retailer at one time.
(b) A retailer of lead acid batteries must recycle the lead acid batteries received from consumers.
(c) A retailer who violates paragraph (b) is guilty of a misdemeanor. Each lead acid battery that is not recycled is a separate violation.
Subd. 3. Retailers must post notices. (a) A person who sells lead acid batteries at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions.
(b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal recycling symbol and state:
"NOTICE: USED BATTERIES
This retailer is required to accept your used lead acid batteries, EVEN IF YOU DO NOT PURCHASE A BATTERY. When you purchase a new battery, you will be charged an additional amount of at least $10 unless you return a used battery within 30 days.
It is a crime to put a motor vehicle battery in the garbage."
Subd. 4. Notices required in newspaper advertisements. (a) An advertisement for sale of new lead acid batteries at retail in newspapers published in this state must contain the notice in paragraph (b).
(b) The notice must state:
"At least $10 additional charge unless a used lead acid battery is returned. Improper disposal of a lead acid battery is a crime."
1Sp1989 c 1 art 20 s 22; 1991 c 337 s 59; 1993 c 249 s 32; 2010 c 258 s 2-4
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
Section 325E.01 — Delivery Tickets To Accompany Each Fuel Delivery.
Section 325E.02 — Customer Deposits.
Section 325E.021 — Utility Delinquency Charges.
Section 325E.025 — Landlords And Tenants; Utility Bills.
Section 325E.026 — Unauthorized Use Of Utility Meters.
Section 325E.027 — Discrimination Prohibition.
Section 325E.028 — Utility Payment Arrangements For Military Service Personnel.
Section 325E.03 — Sale Of Beverage Containers Having Detachable Parts.
Section 325E.031 — Immigration Services.
Section 325E.04 — Free Samples; Distribution.
Section 325E.041 — Sensory Testing Research.
Section 325E.042 — Prohibiting Sale Of Certain Plastics.
Section 325E.044 — Plastic Container Labeling.
Section 325E.046 — Standards For Labeling Plastic Bags.
Section 325E.05 — Agricultural Implement Dealerships; Return Of Stock.
Section 325E.061 — Definitions.
Section 325E.062 — Terminations Or Cancellations.
Section 325E.063 — Violations.
Section 325E.0631 — Warranties.
Section 325E.064 — Status Of Inconsistent Agreements.
Section 325E.067 — Applicability.
Section 325E.068 — Definitions.
Section 325E.0681 — Terminations Or Cancellations.
Section 325E.0682 — Violations.
Section 325E.0683 — Status Of Inconsistent Agreements.
Section 325E.07 — Cigarette Vending Machines, Notice Relating To Sales.
Section 325E.08 — Service For Disabled Persons At Gasoline Stations.
Section 325E.085 — Motor Vehicle Fuel Payment.
Section 325E.095 — Computation Of Sales By Small Retailers.
Section 325E.0951 — Motor Vehicle Air Pollution Control Systems.
Section 325E.0952 — Mandatory Air Bag Replacement.
Section 325E.10 — Definitions.
Section 325E.11 — Collection Facilities; Notice.
Section 325E.112 — Used Motor Oil And Used Motor Oil Filter Collection.
Section 325E.115 — Lead Acid Batteries; Collection For Recycling.
Section 325E.1151 — Lead Acid Battery Purchase And Return.
Section 325E.125 — General And Special Purpose Battery Requirements.
Section 325E.1251 — Penalty Enforcement.
Section 325E.127 — Notice For Fluorescent Lamps Containing Mercury.
Section 325E.13 — Tampering With Odometers; Definitions.
Section 325E.14 — Prohibited Acts.
Section 325E.15 — Transfer Of Motor Vehicle; Mileage Disclosure.
Section 325E.16 — Penalties; Remedies.
Section 325E.165 — Definition.
Section 325E.166 — Clock-hour Meters; Prohibited Acts.
Section 325E.167 — Penalties And Remedies.
Section 325E.169 — Definitions.
Section 325E.17 — Unlawful Transfers Or Sales Of Recordings.
Section 325E.18 — Identity Of Transferor.
Section 325E.201 — Violations; Punishment.
Section 325E.21 — Dealers In Scrap Metal; Records, Reports, And Registration.
Section 325E.23 — Definitions.
Section 325E.24 — Furnishing Of Space; Exceptions.
Section 325E.26 — Definitions.
Section 325E.27 — Use Of Prerecorded Or Synthesized Voice Messages.
Section 325E.28 — Requirements On Automatic Dialing-announcing Devices.
Section 325E.29 — Message Requirements.
Section 325E.30 — Time Of Day Limit.
Section 325E.317 — Definitions.
Section 325E.318 — Wireless Directories.
Section 325E.319 — Wireless Communications Devices; Acquisition For Resale.
Section 325E.32 — Waste Tires; Collection.
Section 325E.33 — Misconduct Of Athletic Agents.
Section 325E.34 — Free Newspapers; Exclusive Right To Distribute Prohibited.
Section 325E.35 — Definitions.
Section 325E.36 — Seller-financed Agricultural Input Sales.
Section 325E.37 — Termination Of Sales Representatives.
Section 325E.38 — Sale Of Certain Cfc Products Prohibited.
Section 325E.381 — Perchloroethylene Prohibition.
Section 325E.385 — Products Containing Polybrominated Diphenyl Ether.
Section 325E.386 — Products Containing Certain Polybrominated Diphenyl Ethers Banned; Exemptions.
Section 325E.387 — Review Of Decabromodiphenyl Ether.
Section 325E.389 — Items Containing Lead Prohibited.
Section 325E.3891 — Cadmium In Children's Jewelry.
Section 325E.39 — Telephone Advertising Services.
Section 325E.395 — Facsimile Transmission Of Unsolicited Advertising Materials.
Section 325E.40 — Sale Of Petroleum-based Sweeping Compound Products Prohibited.
Section 325E.41 — Deceptive Trade Practices; Environmental Marketing Claims.
Section 325E.42 — Deceptive Trade Practices; Gambling Advertising And Marketing Claims.
Section 325E.491 — Definitions.
Section 325E.492 — Production.
Section 325E.50 — Definitions.
Section 325E.51 — Licensing Negotiations.
Section 325E.52 — Royalty Contract Requirements.
Section 325E.53 — Improper Licensing Practices.
Section 325E.54 — Investigation.
Section 325E.56 — Remedies Cumulative.
Section 325E.59 — Use Of Social Security Numbers.
Section 325E.60 — Restroom Access.
Section 325E.61 — Data Warehouses; Notice Required For Certain Disclosures.
Section 325E.63 — Credit Issued To Minors.
Section 325E.64 — Access Devices; Breach Of Security.
Section 325E.65 — Sale Of American Flags.
Section 325E.66 — Insurance Claims For Residential Contracting Goods And Services.