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Covered Electronic Waste Recyclying Program
Requirements for Manufacturers of Covered Battery-Embedded Products
Senate Bill (SB) 1215 (Newman, Chapter 370, Statutes of 2022) amended and expanded the Electronic Waste Recycling Act of 2003 by adding covered battery-embedded products to the types of electronic devices covered by the law. Starting July 1, 2025, manufacturers of covered battery-embedded battery products must comply with new requirements. (Public Resources Code (PRC) Section 42466.2).[i] See CalRecycle’s website for more information: SB 1215 Covered Battery-Embedded Products - CalRecycle Home Page.
What is required for manufacturers of covered battery-embedded products?
- Manufacturers are responsible for making determinations regarding which of their products fall within the definition of a covered battery-embedded product, and which products are exempt from the covered battery-embedded product definition. (See, PRC Sections 42463(g)(1),[ii] 42463(f)(1)-(2),[iii] and 42466.2).
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On or before July 1, 2025, and every year thereafter, a manufacturer of a covered electronic device, as defined in PRC Section 42463(g)(1)(B), is required to send a notice to all retailers selling those products in California to ensure those retailers know which products are subject to the battery-embedded waste recycling fee in accordance with PRC Section 42464(b).
As a courtesy, CalRecycle has included a summary of the manufacturer notice requirements below.
Summary of Manufacturer Requirements to Notify Retailers
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On or before July 1, 2025, and every year thereafter, a manufacturer of a covered battery-embedded product is required to send a notice to all retailers selling those products in California.
- The notice must identify, by brand and model number, the covered battery-embedded products manufactured by that manufacturer that are subject to the law.
- The notice must inform the retailers that the covered battery-embedded products included in the notice are subject to a covered battery-embedded waste recycling fee pursuant to PRC Section 42464(b).
- The notice does not have to specify the fee amount. Rather, the notice must specify that the product is subject to a covered battery-embedded waste recycling fee.
- Please note, the covered battery-embedded waste recycling fee has not yet been determined. CalRecycle presented proposed regulatory language establishing a covered battery-embedded waste recycling fee at an informal emergency rulemaking workshop on May 28, 2025. The proposed covered battery-embedded waste recycling fee regulations are available on CalRecycle’s covered battery-embedded products informal rulemaking workshop public notice.
- On or before July 1, 2025, and every year thereafter, a manufacturer shall also send a notice that identifies any product manufactured by that manufacturer that is exempt from the covered battery-embedded product definition.
- Manufacturers subject to the requirements of PRC Section 42466.2 must send copies of the notices to CalRecycle by emailing them to CEDmanufacturers@calrecycle.ca.gov.
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Failure to provide the required information to all retailers by July 1, 2025, may result in enforcement action by CalRecycle.
Template for Notifying Retailers
- CalRecycle has developed a recommended template (see attachment) that may be used to notify all retailers. This template is optional.
- The template includes required fields, which are marked with an asterisk.
- The template also includes optional fields.
- Manufacturers are strongly encouraged to complete the optional fields, particularly the individual covered battery-embedded product’s universal product code (UPC), so as to help all retailers easily identify covered battery-embedded products that are subject to the covered battery-embedded waste recycling fee.
- Please note that CalRecycle intends to upload these forms directly to its website without review for or consideration of any confidential, trade secret, or proprietary information.
Additional Information:
[i] PRC Section 42466.2:
(a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall send a notice in accordance with the schedule specified in paragraph (1) or (2), as applicable, of subdivision (c), to any retailer that sells that covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer. The notice shall identify the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, by brand and model number, and shall inform the retailer that the electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, is a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and is subject to a covered battery-embedded waste recycling fee in accordance with subdivision (b) of Section 42464.
(b) A manufacturer subject to this subdivision shall also send copies of the notice to CalRecycle.
(c) The notice required by this subdivision shall be sent in accordance with the following schedule:
(1) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by that manufacturer that is subject to this chapter.
(2) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any product manufactured by that manufacturer that is exempt from the covered battery-embedded product definition, pursuant to paragraph (2) of subdivision (g) of Section 42463.
[ii] PRC Section 42463(g)(1) “Covered electronic device” means either of the following:
(A) Except as provided in paragraph (2), a video display device containing a screen greater than four inches, measured diagonally, that is identified in the regulations adopted by DTSC pursuant to subdivision (c) of Section 25214.10.1 of the Health and Safety Code.
(B) Any covered battery-embedded product, as defined in subdivision (f).
[iii] PRC Section 42463(f)
(1) “Covered battery-embedded product” means a product containing a battery from which the battery is not designed to be easily removed from the product by the user of the product with no more than commonly used household tools.
(2) “Covered battery-embedded product” does not include any of the following:
(A) A medical device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:
(i) It is a Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies:
(I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.
(II) Either of the following applies:
(ia) The device is predominantly used in a health care setting by a provider.
(ib) The device is predominantly prescribed by a health care provider.
(ii) It is a Class II or Class III device as defined in 360c of Title 21 of the United States Code.
(B) A covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g).
(C) An energy storage system, as defined in subdivision (a) of Section 2835 of the Public Utilities Code.
(D) An electronic nicotine delivery system, as defined in Section 375(7) of Title 15 of the United States Code.
(3) CalRecycle may consult with other state agencies to determine if a product meets the definition of a covered battery-embedded product.
(4) “Covered battery-embedded waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464).
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