D.C. Mun. Regs. tit. 20, § 3901
Requirements for Producers
Effective Dec 30, 202269 DCR 015526Authority: Section 2(q) of the Zero Waste Omnibus Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.01 et seq.), as amended by the Battery and Electronic Stewardship Emergency Amendment Act of 2022, effective October 17, 2022 (D.C. Act A24-559; 69 DCR 012639 (October 21, 2022)) (Act), and Mayor’s Order 2022-028, dated February 10, 2022. Source: Final Rulemaking published at 69 DCR 015526 (December 30, 2022).District of Columbia, Office of the Secretary
3901.1 A producer of a covered battery or covered battery-containing product sold or offered for sale in the District of Columbia, including retail, wholesale, business-to-business, and online sales, shall:
- (a) Be a member of a BSO; and
- (b) As part of a BSO, implement a battery collection program as set forth in an approved battery stewardship plan.
3901.2 A product that contains or is packaged with a primary or rechargeable battery is not a battery-containing product under this chapter if each battery producer of any primary or rechargeable battery that is contained in the product or packaged with the product at the time of sale:
- (a) Is a member of a BSO that has an approved battery stewardship plan; and
- (b) Has provided a written certification containing the following information to the BSO of which the battery producer is a member:
- (1) The name of the battery producer submitting the certification;
- (2) The brand name, product name, and other identifying information for the product that contains or is packaged with the producer's battery;
- (3) The name, mailing address, and email address of the product producer;
- (4) The brand name, product name, and other identifying information for the primary or rechargeable battery or batteries in or packaged with the product; and
- (5) Documentation that the battery producer provided a written certification of the battery producer's membership in the BSO to the product producer.
3901.3 A battery producer that provides its BSO with a certification meeting the requirements in § 3901.2 shall notify the BSO if it stops supplying primary or rechargeable batteries for the product that is the subject of the certification.
3901.4 If the product producer changes the batteries contained in or packaged with the product to primary or rechargeable batteries of a different producer, the product
producer shall notify the BSO, and the product is not exempt under this section unless and until the new battery producer complies with § 3901.2.
SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022).