Subdivision 1. Labeling. (a) The manufacturer of a button cell battery that is to be sold in this state shall ensure that each battery contains no intentionally introduced mercury or is labeled to clearly identify for the final consumer of the battery the type of electrode used in the battery.
(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall also provide clear instructions for properly recharging the battery.
Subd. 2. Mercury content. (a) Except as provided in paragraph (c), a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than 0.025 percent mercury by weight.
(b) On application, the commissioner of the Pollution Control Agency may exempt a specific type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. A battery exempted by the commissioner under this paragraph is subject to the requirements of section 115A.9155, subdivision 2.
(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than 25 milligrams of mercury.
(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery containing a mercuric oxide electrode.
(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury unless the commissioner of the Pollution Control Agency determines that compliance with this requirement is not technically and commercially feasible.
Subd. 2a. Approval of new batteries. A manufacturer may not sell, distribute, or offer for sale in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or alkaline manganese battery, without first having received approval of the battery from the commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is intended to ensure that new types of batteries do not add additional hazardous or toxic materials to the state's mixed municipal waste stream.
Subd. 3. Rechargeable tools and appliances. (a) A manufacturer may not sell, distribute, or offer for sale in this state a rechargeable consumer product unless:
(1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and
(2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery.
(b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.
(c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if:
(1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2;
(2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or
(3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste.
(d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.
Subd. 4. Rechargeable batteries and products; notice. (a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions.
(b) The notice must be at least four inches by six inches and state:
"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:
Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment.
DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."
(c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for catalogue sales.
Subd. 5. Prohibitions. A manufacturer of rechargeable batteries or products powered by rechargeable batteries that does not participate in the pilot projects and programs required in section 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products powered by rechargeable batteries after January 1, 1992.
After January 1, 1992, a person who first purchases rechargeable batteries or products powered by rechargeable batteries for importation into the state for resale may not purchase rechargeable batteries or products powered by rechargeable batteries made by any person other than a manufacturer that participates in the projects and programs required under section 115A.9157.
1990 c 409 s 2; 1991 c 257 s 3-6; 1992 c 593 art 1 s 35; 1993 c 249 s 34
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.