1. (1) On and after August 1, 2027:

   1. (a) A producer selling, making available for sale, or distributing covered batteries or battery-containing products in or into the state shall participate in and finance a battery stewardship organization that has submitted a plan pursuant to section 25-17-1005 (1)(a); and
   2. (b) Except as provided in section 25-17-1003 (22)(b) and (22)(c), a producer shall not sell, make available for sale, or distribute covered batteries or battery-containing products in or into the state unless that producer participates in a battery stewardship organization and a battery stewardship plan.

2. (2)

   1. (a) On and after July 1, 2029, a retailer shall not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product in the state unless the producer of the covered battery or battery-containing product is participating in a battery stewardship organization with an approved plan.
   2. (b) A retailer does not violate subsection (2)(a) of this section if the list provided by the executive director in accordance with section 25-17-1012 (2)(d)(III) includes, as of the date a product sold by the retailer is made available for retail sale, the producer or brand of covered battery or battery-containing product as a participant in an approved plan.

   3. (c)

      1. (I) A retailer of a covered battery or a battery-containing product is not required to make a retail location available to serve as a collection site for a battery stewardship program.
      2. (II) A retailer that offers a retail location that serves as a collection site must comply with an approved battery stewardship plan and the requirements for collection sites described in section 25-17-1008.
   4. (d) A retailer shall not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product unless the covered battery or battery-containing product is marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.

   5. (e)

      1. (I) A battery stewardship organization shall make information available to a retailer for voluntary use that the retailer may use to inform customers of available end-of-life management options for covered batteries collected by the battery stewardship organization, which information must include in-store signage, written materials, and other promotional materials.
      2. (II) A retailer selling, offering for sale, distributing, or otherwise making available a covered battery or battery-containing product may provide the information described in subsection (2)(e)(I) of this section to customers and the public.
3. (3) A retailer, producer, or battery stewardship organization shall not charge a point-of-sale fee to consumers to cover the administrative or operational costs of a battery stewardship organization or a battery stewardship program.

Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2386, § 1, effective August 6.