(1)
(a) Except as otherwise provided in rules adopted by the commission pursuant to subsection (2) of this section, on and after January 1, 2028, a producer or retailer shall not sell, offer for sale, or distribute in or into the state a covered battery or battery-containing product unless the covered battery is:
- (I) Marked with an identification of the producer of the covered battery; and
- (II) Marked with proper labeling to ensure proper collection and recycling, by identifying the chemistry of the covered battery and including an indication that the covered battery should not be disposed of as household waste.
- (b) Subsection (1)(a) of this section does not apply to a covered battery that is less than one-half inch in diameter or that does not contain a surface length that exceeds one-half inch.
- (2) The commission may adopt rules establishing marking requirements for covered batteries or battery-containing products as needed to maintain consistency with the labeling requirements or voluntary standards for batteries established in federal law or the laws of other states.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2400, § 1, effective August 6.