44-1323

44-1323. Sale of lead acid batteries; fee;
notice

A. A lead acid battery seller shall accept from customers at the point of transfer
used lead acid batteries of the type and quantity sold at that point of transfer and may
accept additional batteries. A seller shall not charge any fee to receive those
batteries, other than the fee authorized by subsection B. A lead acid battery seller
shall post a written notice that is clearly visible in the public sales area of the
establishment and that contains the following language:

"It is unlawful to dispose of a motor vehicle battery or other lead acid
battery in a landfill or any unauthorized site.

Recycle all used batteries.

This seller is required by law to accept used lead acid batteries. When
any new lead acid battery is purchased, an additional fee of not more than
fifteen dollars will be charged unless a used battery is returned for refund
within forty-five days."

B. Each person who purchases a new lead acid battery shall be assessed a fee of not
more than fifteen dollars per battery by the seller. A seller shall refund the fee to
any person who presents a used lead acid battery to the seller with a receipt for the
purchase of a new battery from that seller within the forty-five day period immediately
following the purchase. A seller may keep any lead acid battery fee monies that are not
properly claimed within forty-five days after the date of sale.

C. All lead acid batteries sold after July 1, 1991 shall bear a universally
accepted recycling symbol.

D. An advertisement or other printed promotional material related to the sale of
lead acid batteries shall contain the following notice in bold print:

"A fee is imposed on the purchase of each new lead acid battery unless a
used battery is returned where applicable."

E. This section does not apply to a person whose sales of batteries are not in the
ordinary course of business.

F. A wholesale seller of lead acid batteries who sells batteries to this state, to
a political subdivision of this state or to a private entity that does not resell the
batteries is subject to this article.