Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 409-H.F.No. 1921 
           An act relating to waste; prohibiting the placement of 
          certain dry cell batteries in mixed municipal solid 
          waste; requiring labeling of certain batteries by 
          electrode content; establishing maximum content levels 
          of mercury in batteries; requiring that batteries in 
          certain consumer products be easily removable; 
          providing penalties; proposing coding for new law in 
          Minnesota Statutes, chapters 115A and 325E. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [115A.9155] [DISPOSAL OF CERTAIN DRY CELL 
BATTERIES.] 
    Subdivision 1.  [PROHIBITION.] A person may not place in 
mixed municipal solid waste a dry cell battery containing 
mercuric oxide electrode, silver oxide electrode, 
nickel-cadmium, or sealed lead-acid that was purchased for use 
or used by a government agency, or an industrial, 
communications, or medical facility. 
    Subd. 2.  [MANUFACTURER RESPONSIBILITY.] (a) A manufacturer 
of batteries subject to subdivision 1 shall: 
    (1) ensure that a system for the proper collection, 
transportation, and processing of waste batteries exists for 
purchasers in Minnesota; and 
    (2) clearly inform each purchaser of the prohibition on 
disposal of waste batteries and of the system or systems for 
proper collection, transportation, and processing of waste 
batteries available to the purchaser. 
    (b) To ensure that a system for the proper collection, 
transportation, and processing of waste batteries exists, a 
manufacturer shall: 
    (1) identify collectors, transporters, and processors for 
the waste batteries and contract or otherwise expressly agree 
with a person or persons for the proper collection, 
transportation, and processing of the waste batteries; or 
    (2) accept waste batteries returned to its manufacturing 
facility. 
    (c) A manufacturer shall ensure that the cost of proper 
collection, transportation, and processing of the waste 
batteries is included in the sales transaction or agreement 
between the manufacturer and any purchaser. 
    (d) A manufacturer that has complied with this subdivision 
is not liable under subdivision 1 for improper disposal by a 
person other than the manufacturer of waste batteries. 
    Sec. 2.  [325E.125] [GENERAL AND SPECIAL PURPOSE BATTERY 
REQUIREMENTS.] 
    Subdivision 1.  [IDENTIFICATION.] The manufacturer of a 
button cell battery that is to be sold in this state shall 
ensure that each battery is clearly identifiable as to the type 
of electrode used in the battery. 
    Subd. 2.  [MERCURY CONTENT.] (a) A manufacturer may not 
sell, distribute, or offer for sale in this state an alkaline 
manganese battery that contains more than .30 percent mercury by 
weight, or after February 1, 1992, 0.025 percent mercury by 
weight.  
    (b) On application by a manufacturer, the commissioner of 
the pollution control agency may exempt a specific type of 
battery from the requirements of paragraph (a) if there is no 
battery meeting the requirements that can be reasonably 
substituted for the battery for which the exemption is sought.  
The manufacturer of a battery exempted by the commissioner under 
this paragraph is subject to the requirements of section 1, 
subdivision 2. 
    (c) Notwithstanding paragraph (a), a manufacturer may not 
sell, distribute, or offer for sale in this state after January 
1, 1992, a button cell alkaline manganese battery that contains 
more than 25 milligrams of mercury. 
    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 this section; 
    (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. 
    Sec. 3.  [325E.1251] [PENALTY.] 
    Violation of sections 1 and 2 is a misdemeanor.  A 
manufacturer who violates section 1 or 2 is also subject to a 
minimum fine of $100 per violation.  
    Sec. 4.  [APPLICATION; EFFECTIVE DATES.] 
    Section 1 is effective August 1, 1990. 
    Section 2, subdivisions 1 and 2, are effective January 1, 
1991, and apply to batteries manufactured on or after that date. 
     Section 2, subdivision 3, is effective July 1, 1993, and 
applies to rechargeable consumer products manufactured on or 
after that date. 
     Notwithstanding section 2, a retailer may sell alkaline 
manganese batteries from the retailer's stock existing on the 
effective dates for the two levels of mercury in section 2, 
subdivision 2, and rechargeable consumer products from the 
retailer's stock existing on the effective date of section 2, 
subdivision 3. 
    Presented to the governor April 3, 1990 
    Signed by the governor April 5, 1990, 9:17 p.m.