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. On or before July 1 of each year, manufacturers of covered battery-embedded battery products must comply with certain requirements. (Public Resources Code (PRC) Section 42466.2). See CalRecycle’s website for more information.
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), 42463(f)(1)-(2), and 42466.2).
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On or before July 1 of each year, 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 created a training video, and summarized the manufacturer notice requirements.
Summary of Manufacturer Requirements to Notify Retailers
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On or before July 1 of each year, 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).
- Manufacturers subject to the requirements of PRC Section 42466.2 must send copies of the notices to CalRecycle by August 1 of each year by emailing them to CEDmanufacturers@calrecycle.ca.gov.
- Failure to provide the required information to all retailers by July 1, 2026, may result in enforcement action by CalRecycle.
Template for Notifying Retailers
- CalRecycle has developed a recommended template (see button, above) that may be used to notify all retailers. This template is optional.
- Manufacturers are strongly encouraged to complete the optional fields, particularly the individual covered battery-embedded product’s universal product code (UPC), to help all retailers easily identify covered battery-embedded products that are subject to the covered battery-embedded waste recycling fee.
- The template includes required fields, which are marked with an asterisk.
- The template also includes optional fields.
- 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:
- Contact embeddedbatteries@calrecycle.ca.gov for questions about the requirements for manufacturers of covered battery-embedded products to notify retailers. Manufacturers are encouraged to consult their legal counsel regarding questions about how statutory requirements may apply to specific businesses and products.
- Please sign up for Covered Electronic Waste Recycling Program email updates to stay apprised of Program developments.
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