Batteries used in rechargeable consumer products

1. A person shall not distribute, sell, or offer for retail sale in the state a rechargeable consumer product manufactured on or after January 1, 1994, unless all of the following conditions are met: a. 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. b. The battery, the instruction manual, and the product package are clearly labeled to indicate that the battery must be recycled or disposed of properly and includes the designation “Cd” or “Ni-Cd” for nickel-cadmium batteries and “Pb” or “Lead” for small lead batteries. 2. a. A rechargeable consumer product manufacturer may apply to the department for exemption from the requirements of subsection 1 if any of the following apply: 1. The product cannot be redesigned or manufactured to comply with the requirements prior to January 1, 1994. 2. The redesign of the product to comply with the requirements would result in significant danger to public health and safety. 3. The battery poses no unreasonable hazard to public health, safety, or the environment when placed in and processed or disposed of as part of mixed municipal solid waste, pursuant to section 455D.10A. 4. The consumer product manufacturer has in operation a program to recycle used batteries in an environmentally sound manner. b. A manufacturer of a product that is powered by a battery that cannot be easily removed who has been granted an exemption under this subsection shall label the product as required in subsection 1, paragraph “b”. 3. An exemption granted by the department under subsection 2, paragraph “a”, subparagraph (1), is limited to a maximum of two years, but may be renewed.