Batteries Act Section 3 Prohibitions

Batteries Act Section 3 Prohibitions

(1) The placing on the market of batteries that contain more than 0.0005 percent of mercury by weight is prohibited. This prohibition shall not apply to battery cells, or to battery packs composed of battery cells, with a mercury content of no more than two percent by weight.

(2) The placing on the market of portable batteries that contain more than 0.002 percent of cadmium by weight is prohibited. This prohibition shall not apply to portable batteries intended for use in emergency and alarm systems, including emergency lighting, in medical equipment or in cordless power tools. Sentence 1 shall not apply to batteries that, under Annex II of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ L 269, 21.10.2000, p. 34), last amended by Directive 2008/33/EC (OJ L 81, 20.3.2008, p. 62) and as amended from time to time, are exempt from the prohibition of cadmium under Article 4 (2) (a) of Directive 2000/53/EC.

(3) A producer shall not place batteries on the market within the jurisdiction of this Act unless it has given prior notice under Section 4 (1) sentence 1 read in conjunction with subordinate legislation issued under Section 20 no. 1, and, by complying with its take-back obligations under Section 5 read in conjunction with Section 6 (1) sentence 1 or Section 6 (5) or Section 7 (1) or Section 8 (1), ensures that waste batteries can be returned in accordance with this Act.

(4) A distributor shall not supply batteries to end-users within the jurisdiction of this Act unless, by complying with its take-back obligations under Section 9 (1) sentence 1, it ensures that end-users can return batteries in accordance with this Act.

(5) Batteries placed on the market within the jurisdiction of this Act in breach of paragraphs (1) and (2) shall be withdrawn from the market by their producer.