Technical manual section 10

BCI Product Safety Committee Report REV BCIS-10 APR02 Issued Current Revision: Recommended Practices for: Warning Messages Lead-Acid SLI & VRB Batteries Lead-Acid Traction Batteries Small Valve Recombinant Batteries Cartons Battery Acid Packs General Labeling & Marking California Proposition 65 Recycling Shipping & Packaging General Labeling & Marking REquirements Bill of Lading Requirements Shipping & Placard Requirements Packaging Options Hazardous Material For North America (NAFTA Countries) 2002-04 2002-04 BCIS-10 Rev Apr02 TABLE OF CONTENTS Introduction and General Information Warning Messages 2.1 Type Size and Style 2.2 Lead-Acid SLI Batteries 2.3 Warning Message Intended For Use On Industrial-Type Batteries 10 2.4 Cartons 13 2.5 Battery Acid Packs 15 2.6 Labeling in Other North American Countries 20 2.7 International Warnings 21 General Labeling and Marking 23 3.1 California Proposition 65 23 3.2 Recycling Labeling 26 3.3 Requirements of the Mercury-Containing and Rechargeable Battery Management Act 26 Packaging And Shipping 28 4.1 General Labeling And Marking Requirements 28 4.2 Bill Of Lading Requirements 36 4.3 Shipping and Placard Requirements 37 4.4 Packaging Options 39 A Appendix A: Precautionary Labeling For Lead-Acid Batteries 40 B Appendix B: Labeling Requirements - Prominence, Placement, & Conspicuousness - § 1500.121 42 C Appendix C: Substances Requiring Packaging 50 D Appendix D California Proposition 65 (Main Body) 53 E Appendix E: EPA Alert on Mercury-Containing & Rechargeable Battery Magagement Act… …….57 BCIS-10 Rev Apr02 INTRODUCTION AND GENERAL INFORMATION 1.1 Background This recommended practice prepared by the Product Safety Committee of Battery Council International, was originally published in 1989 Its purpose was to provide information on hazard warnings for lead-acid batteries This first revision continues in that vein providing updated labeling information for newer lead-acid technologies, alternative languages for the North American market, and specific state requirements New to this edition are general packaging and marking, bill-of-lading, shipping and placard requirements, and packaging options (A special thanks to Diane Kennedy, Director - Safety and Environmental Affairs for Trojan Battery for her major contribution to this new section) The earlier text messages as well as the current graphic symbol warning messages that were originally introduced in the initial release are again described in detail The discussion on how these symbols, based on consumer research were selected, is shown in Appendix A 1.2 Disclaimer The warning messages recommended for use on batteries sold to or used by consumers were developed by the Product Safety Committee of Battery Council International and incorporate suggestions of the Consumer Product Safety Commission staff The all-word messages and the messages with words and pictorials are intended to provide safety information to consumers, mechanics, and others who may be exposed to a battery's potentially dangerous conditions While the warning messages are the result of extensive practical experience and consumer research, no warning can address every conceivable possibility Use of the messages by manufacturers or sellers is voluntary Battery Council International expressly disclaims any liability, including but not limited to consequential or other damages, arising out of the use of these warning messages 1.3 General Requirements The U.S Consumer Product Safety Commission (CPSC) believes that certain wet cell batteries, such as automotive, marine, lawn and garden, motorcycle and golf cart, are products subject to the labeling requirements of the code of Federal Regulations, Part 1500 (16 CFR 1500) Acid packs containing sulfuric acid are subject to the Federal Hazardous Substances Act (FHSA) labeling requirements and additionally those under five gallons are subject to the packaging requirements of the Poison Prevention Packaging Act (PPPA (15 U.S.C 1471)), and its regulations, 16 CFR 1700.14(a) (9) As such, batteries and acid packs must bear certain cautionary statements on their labels These statements include: · · · · · · · · Signal words, e.g., "DANGER," "POISON"* Affirmative statements of the principal hazard(s) associated with the product, e.g., "EXPLOSIVE GASES," "SULFURIC ACID" The common or usual name, or chemical name, of the hazardous substance, e.g., "SULFURIC ACID" Statements of precautionary measures to follow, e.g., "SHIELD EYES." Instructions, when appropriate, for special handling and storage, e.g., "DO NOT TIP." The statement "KEEP OUT OF REACH OF CHILDREN" or its practical equivalent First aid instructions, e.g., "FLUSH EYES IMMEDIATELY WITH WATER." The name and place of business of the manufacturer, packer, distributor or seller * Skull and crossbones symbol is not required on battery BCIS-10 Rev Apr02 1.4 Example 1: Written Warning 1.5 Example 2: Warning With Symbols Figure 1.5.1: Split Format Optional copy where vents are not removable: DO NOT OPEN BATTERY! Figure 1.5.2: Combined Format Optional copy where vents are not removable: DO NOT OPEN BATTERY! 1.6 Non-Spillable Lead-Acid Batteries Small Valve Recombinant Batteries may use the same warning message as standard automotive type batteries Use the optional text, "DO NOT REMOVE VENT VALVES" BCIS-10 Rev Apr02 WARNING MESSAGES 2.1 Type Size and Style 2.1.1 Opinion Of The CPSC (1989) "The example warnings shown on page have been reviewed by the CPSC for compliance with the requirements of the FHSA and Title 16 of the Code of Federal Regulations Part 1500 (16 CFR 1500) for use on lead-acid batteries and acid packages All such warning statements shall be located prominently on the battery and acid pack, and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter Both the graphics/verbal and the verbal concept should meet the requirements of the FHSA and either may be used at the discretion of the manufacturer." 2.1.2 Prominent Message Placement - [16 CFR-1500.121(b)] To satisfy CPSC requirements that the warning statements appear "prominently" on the battery and acid packs, all such statements shall be placed as follows: 2.1.2.1 On the Product - 2.1.2.1.1 Horizontal placement of cautionary statements - Except for the name and place of business of the manufacturer, packer, distributor, or seller, all cautionary material shall appear in lines that are generally parallel to any base on which the battery or package rests as it is designed to be displayed for sale 2.1.2.1.2 Principal display panel - A "display panel" means any surface of the immediate container and of any outer container or wrapping which bears messages For batteries, all cautionary statements should appear on the "principle display panel" defined as the surface of the immediate container and of any outer container or wrapping which bears the message designed to be most prominently displayed, shown, presented, or examined under conditions of retail sale Due to the unique design and current marketing practice, the top of most wet cell batteries or the area of the gang vent covers would be considered the principle display panel 2.1.2.2 On Cartons or Outer Wrappings - 2.1.2.2.1 Outer container or wrappings - All cautionary messages appearing on the immediate container of a battery shall also appear on any container or wrapping used in the retail display of the battery in the same manner as required for the immediate container Those cautionary statements appearing on the immediate container which are clearly legible through any outer container or wrapping used in retail display need not appear on the outer container or wrapping itself 2.1.2.2.2 Other display panel - The signal word(s), the statement(s) of principal hazard(s), and if appropriate, instructions to read carefully Any cautionary material that may be placed elsewhere shall be blocked together within a square or rectangular area, with or without a border, on the principle display panel, on the immediate container, and where required, on any outer container or wrapping Where cautionary material appears on a display panel other than the principle display panel, the principle display panel shall bear the statement: "Read carefully cautions on the (i.e., side, back) panel "or its practical equivalent" 2.1.2.3 The following two paragraphs are applicable to both batteries and packaging materials: All cautionary statements placed on the principle display panel shall be separated on all sides from other printed or graphic matter by a borderline or by a space no smaller than the BCIS-10 Rev Apr02 minimum allowable height of the type size for cautionary material (exclusive of signal words and statements of hazard) 2.1.3 Name, Address Requirements The name and place of business of the manufacturer, packer, distributor, or seller may appear separately on any display panel; this name and address must be one which is within the United States It is sufficient to show city, state, and zip code if the place of business is listed in the current telephone directory 2.1.4 Conspicuousness:Type Size And Style - [16 CFR-1500.121( C )] To satisfy the requirement that cautionary statements be conspicuous and legible, such statements shall conform to the following: 2.1.4.1 Area of principle display panel - For purposes of determining the proper type size for cautionary messages, the area of the principal display panel (or other panel bearing information) is to be computed as follows: 2.1.4.1.1 The area of the principal display panel is the area of the side or surface of the immediate container or of the side or surface of any other container or wrapping, that bears the message designed to be most prominently displayed, shown, presented, or examined under conditions of retail sale This area is not limited to the portion of the surface with information; rather, it includes the entire surface 2.1.4.1.2 In the case of a rectangular battery, where the top is generally considered to be the principle display area, the total area of the top is to be considered when determining type size Only the combined area of the gang vent covers need to be considered if a manufacturer chooses to place the cautionary messages on the gang vent covers 2.1.4.2 Type-size requirements - The term "type size" refers to the height of the actual printed image of each upper case or capital letter as it appears in the message The size of the cautionary messages shall be reasonably related to the size of any other printing appearing on the same panel, but in any case must meet the minimum size requirement in Table 2.1.4.2.1 When an item of the message is required to be in a specific type size, all uppercase or capital letters must be at least equal in height to the required type size, and all letters must be the same style font as the uppercase or capital letters 2.1.4.2.2 The type size of all cautionary statements appearing on any display panel shall comply with the specifications in Table when the area of the display panel is measured according to the above-described method 2.1.4.2.3 If all required cautionary labeling does not appear on the principle display panel, such as may be necessary on motorcycle or other small batteries, the statement "Read carefully cautions on the (i.e., back, side) panel, or "its practical equivalent" must appear in, as a minimum, the same type size as that required in Table for the other cautionary material which appears elsewhere on the battery The size of the cautionary material that does not appear on the principal display panel is determined by the area of the panel on which it does appear BCIS-10 Rev Apr02 2.1.4.3 Table Area of principal display panel in square inches 0-2 >2-5 >5-10 >10-15 >15-30 >30 Signal word** 3/64 1/16 3/32 7/64 1/8 5/32 Statement of hazard 3/64 3/64 1/16 3/32 3/32 7/64 Other cautionary material*** 1/32 3/64 1/16 1/16 5/64 3/32 Type size in inches* > means "greater than" * minimum height of printed images of capital or upper case letters ** including the word "poison" when required instead of a signal word by section 3(b) of the Act(§§ 1500.129) *** size of lettering for other cautionary material is based on the area of the display panel on which such cautionary materials appears 2.1.4.3.1 Type style/proportion - The ratio of the height of a capitol letter or uppercase letter to its width shall be such that the height of the letter is not more than times its width 2.1.4.3.2 Signal word(s) and statements of hazard - The signal words, "Danger" and "Poison," and the statement of hazard shall be in capitol letters All statements of hazard on a label shall appear in the same size and style of font, and shall appear in the same color or shall have the same degree of boldness 2.1.5 Conspicuousness: Contrast - [16 CFR - 1500.121(d)] To satisfy the requirement that cautionary statements appear in conspicuous and legible type which is in contrast by typography, layout, or color with the other printed matter, such statements shall conform to the following requirements: 2.1.5.1 Color - Where color is the primary method used to achieve appropriate contrast, the color of any cautionary statement shall be in sharp contrast with the color of the background upon which such a statement appears 2.1.5.2 Examples of combinations of colors which may not satisfy the requirements for sharp contrast are: black letters on a dark blue or dark green background, dark red letters on a light red background, light red letters on a reflective silver background, and white letters on a light gray or tan background 2.1.6 Accompanying Literature Containing Directions For Use - [16 CFR-1500.121(c)(6)] When literature accompanying the battery has directions for use, such as activation instructions for dry charge batteries or installation instructions, written or otherwise, the CPSC requires the literature to bear cautionary messages All such cautionary messages shall be in reasonable proximity to any directions for use and shall be placed together within the same general area The type size of such cautionary messages shall be reasonably related to the type size of any other printed matter in the accompanying literature and must be in conspicuous and legible type by typography, layout, or color with the other printed matter on the message The signal word(s) and statement(s) of principle hazard(s) shall appear in capital letters BCIS-10 Rev Apr02 2.2 Lead-Acid SLI Batteries 2.2.1 Example - Examples of Typical Layouts for Graphic/Symbol Labels See Exhibit for verbal concept Rectangular Version Square Version Split Version Optional Copy Where Vents Are Not Removable: DO NOT OPEN BATTERY! BCIS-10 Rev Apr02 2.2.2 Example - Examples of Typical Layouts for Text Labels See Exhibit for graphics/verbal concept Optional Copy Where Vents Are Not Removable: DO NOT OPEN BATTERY! 2.2.3 Example - Regulations 16 CFR 1500.129 & 15 USC 1261-2(p)(1) COMBINATION POISON/DANGER POST TAG to be used on slow moving multi-covered (tar tops) batteries that not have sufficient space for an adhesive label BCIS-10 Rev Apr02 2.2.4 Example - Regulations 16 CFR 1500.129 & 15 USC 1261-2(p)(1) GANG VENTS - POISON message is shown on one gang vent and DANGER message on the other The gang vent message or the top battery label is to be used on all one piece cover batteries The DANGER warning gang vent is to be used in conjunction with the POISON warning gang vent See exhibits & for graphics/verbal concept Optional copy where vents are not removable: DO NOT OPEN BATTERY! 2.2.5 Example U.S Department of Commerce - Model State Regulations, Fair Packaging and Labeling Requirements The name and address requirements are also governed by the Consumer Product Safety Commission regulations CPSC-16 CFR 1500.3 & CPSC-16 CFR 1500.121 & 1500.125 The name and address must be present on wet charge batteries and carton, if used, at the time they are shipped The name and address must be on the carton and on the battery Minimum size type is 1/8" MFG BY or DISTR BY or SOLD BY or MKTD BY must be placed in front of the proper company name As long as the company is listed in the City or Telephone Directory, the name of the Town, State and Zip Code is sufficient EXAMPLES (OR) MFG BY ABC BATTERY COMPANY HOMETOWN, OHIO 27201 SOLD BY EAGLE AUTO STORES, INC., PHILADELPHIA, PA 19000 (OR) (OR) DISTR BY ACE SUPPLY CO., INC., ANYWHERE, CA 94100 MKTD BY EAGLE AUTO STORES, INC., PHILADELPHIA, PA 19000 2.3 Warning Message Intended For Use On Industrial-Type Batteries 2.3.1 Background This recommended practice was prepared in conjunction with the Industrial Battery and Charger Technical Committee of Battery Council International It was first published in 1992 as a supplement to the 1989 Warning Message publication This recommended practice 10 BCIS-10 Rev Apr02 B.1.3.6.2 (ii) The type size of such cautionary labeling shall be reasonably related to the type size of any other printed matter in the accompanying literature and must be in a conspicuous and legible type by typography, layout, or color with other printed matter on the label The signal word and statement of principal hazard(s) shall appear in capital letters B.1.4 (d) Conspicuousness - contrast To satisfy the requirements that cautionary labeling statements appear in conspicuous and legible type which is in contrast by typography, layout, or color with the other printed matter on the label, such statements shall conform to the following requirements: B.1.4.1 (1) Color Where color is the primary method used to achieve appropriate contrast, the color of any cautionary labeling statement shall be in sharp contrast with the color of the background upon which such a statement appears Examples of combinations of colors which may not satisfy the requirement for sharp contrast are: black letters on a dark blue or dark green background, dark red letters on a light red background, light red letters on a reflective silver background, and white letters on a light gray or tan background B.1.4.2 (2) Interference with Conspicuousness - labeling design vignettes or other printed material For cautionary information appearing on panels other then the principal display panel, the label design use of vignettes or the proximity of other labeling or lettering shall not be such that any cautionary labeling statement is obscured or rendered inconspicuous B.1.5 (e) Collapsible metal tubes Collapsible metal tubes containing hazardous substances shall be labeled so that all cautionary labeling required by the Act appears as close to the dispensing end of the container as possible The placement and conspicuousness of these statements shall conform to the provisions of paragraphs (b), (c), and (d) of this section B.1.6 (f) Unpacked hazardous substance Where practicable, unpacked hazardous substances intended, or distributed in a form suitable for use in or around a household or by children shall be labeled so that all items or information required by the Act appear upon the article itself In instances where it is impracticable (for example, because of the size or nature of the article), the required cautionary label must be displayed by means of tag or other suitable material that is no less than five square inches in area and is securely affixed to the article so that the labeling will remain attached throughout conditions of merchandising and distribution to the ultimate consumer The placement and conspicuousness of all cautionary labeling appearing on such a tag or material, or on an unpackaged article, shall conform to the provisions of paragraphs (b), (c) and (d) of this section For the purposes of determining the proper type size to use on a tag or other material, the area of one side of the tag or other material shall be the area of the principal display panel B.1.7 (g) Exceptions All the requirements of the Act are satisfied by compliance with this §1500.121 However, exemptions can be granted under section 3(c) of the Act and §1500.83, or under the provisions of another statute should this section be incorporated in regulations under another statue Section 1500.82 contains the requirements for exemption requests under the Federal Hazardous Substances Act B.1.8 (h) Effective date The provisions of this rule apply to hazardous substances bearing labels printed after December 30, 1985 Labels printed prior to the effective date of this rule may be applied until December 28, 1987 This rule applies to all hazardous substances to which labels are applied after December 28, 1987 [49 FR 50383, Dec 28, 1984] 46 BCIS-10 Rev Apr02 B.2 Deceptive Use Of Disclamers - § 1500.122 A hazardous substance shall not be deemed to have met the requirements of section 2(p)(1) and (2) of the Act (repeated in § 1500.3(b)(14)(I) and (ii) if there appears in or on the label (or in any accompanying literature) words, statements, designs, or other graphic material that in any manner negates or disclaims any of the label statements required by the Act; for example, "Harmless" or "Safe around pets" on a toxic or irritant substance B.3 Condensation Of Label Information - § 1500.123 Whenever the statement of the principal hazard(s) itself provides the precautionary measures to be followed or avoided, a clear statement of the principal will satisfy the requirements of section 2(p)(1)(E) and (F) of the Act (repeated in § 1500.3(b)(I)(E) and (F)) When the statement of precautionary measures in effect provides instruction for first-aid treatment, the statement of the precautionary measures will satisfy the requirements of section 2(p)(1)(F) and (G) of the Act (repeated in § 1500.3(b)(14)(I)(F) and (G)) B.4 Labeling Requirements For Accompanying Literature - § 1500.125 When any accompanying literature includes or bears any direction for use (by printed word, picture, design or combination thereof), such placard, pamphlet, booklet, book sign, or other graphic or visual device shall bear all the information required by section 2(p) of the Act (repeated in § 1500.3(b)(14)) B.5 Substances Determined To Be "Special Hazardous" - § 1500.126 Whenever the Commission determines that a particular hazardous substance intended or packaged in a form suitable for use in the household or by children, the requirements of section 2(p) of the Act (repeated in § 1500.3(b)(14)) are not adequate for the protection of the public health and safety because of some special hazard, the Commission, by an appropriate order in the FEDERAL REGISTER, shall specify such reasonable variations or additional label requirements that it finds are necessary for the protection of the public health and safety Such order shall specify a date that is not less than 90 days after the order is published (unless emergency conditions stated in the order specify an earlier date) after which any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children that fails to bear a label in accordance with such order shall be deemed to be a misbranded hazardous substance B.6 Substances With Multiple Hazards - § 1500.127 B.6.1 (a) Any article that presents more than one type of hazard (for example, if the article is both toxic and flammable) must be labeled with: An affirmation statement of each such hazard; the precautionary measures describing the action to be followed or avoided for each such hazard; instructions, when necessary or appropriate, for the first aid treatment for each person suffering from the ill effects that may result from each such hazard; instructions for the handling and storage of articles that require special care because of more that one type of hazard presented by the article; and the common or usual name (or the chemical name if there is no common or usual name) for each hazardous component present in the article B.6.2 (b) Label information referring to the possibility of one hazard may be combined with parallel information concerning any additional hazards presented by the article if the resulting condensed statement contains all of the information needed for dealing with each type of hazard presented by the article [38 FR 27012, Sept 27, 1973; 38 FR 30105, Nov 1, 1973] 47 BCIS-10 Rev Apr02 B.7 Label Comment - § 1500.128 The Commission will offer informal comment on any proposed label and company literature involving a hazardous substance if furnished with: B.7.1 (a) Complete labeling or proposed labeling, which may be in draft form B.7.2 (b) Complete quantitative formula B.7.3 (c) Adequate clinical pharmacological, toxicological, physical and chemical data applicable to the possible hazard of the substance B.7.4 (d) Any other information available that would facilitate preparation of a suitable label, such as complaints of injuries resulting from the product's use or other evidence that would furnish human experience data B.8 SUBSTANCES NAMED IN THE FEDERAL CAUSTIC POISON ACT - § 1500.129 The Commission finds that for those substances covered by the Federal Caustic Poison Act (44 Stat 1406) the requirements of section 2(p)(1) of the Federal Hazardous Substances Act (repeated in § 1500.3(b)(14)(I)) are not adequate for the protection of public health Labeling for those substances, in the concentrations listed in the Federal Caustic Poison Act, were required to bear the signal word "poison" The Commission concludes that the lack of the designation "poison" would indicate to the consumer a lesser hazard and that such would not be in the interest of the public health Under the authority granted in section 3(b) of the Act, the Commission therefore finds that for the following substances, and at the concentrations, the word "poison" is necessary instead of any signal word: B.8.1 (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCI) in a concentration of percent or more B.8.2 (b) Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (H2SO4) in a concentration of 10 percent or more B.8.3 (c) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of percent or more B.8.4 (d) Carbolic acid (C6H5OH), also known as phenol, and any preparation containing carbolic acid in a concentration of percent or more B.8.5 (e) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more B.8.6 (f) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more B.8.7 (g) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H2O2) in a concentration of 20 percent or more B.8.8 (h) Hypochlorous Acid, either free or combined, and any preparation containing the same in a concentration that will yield 10 percent or more by weight of available chlorine B.8.9 (i) Potassium Hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and vienna paste (vienna caustic), in a concentration of 10 percent or more 48 BCIS-10 Rev Apr02 B.8.10 (j) Sodium hydroxide and any preparation containing chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye in a concentration of 10 percent or more B.8.11 (k) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of percent or more B.8.12 (l) Ammonia water and any preparation containing free or chemically uncombined ammonia (NH3) including ammonium hydroxide and "hartshorn," in a concentration of preparation or more [40 FR 4650, Jan 31, 1975] 49 BCIS-10 Rev Apr02 C APPENDIX C: C.1 Substances Requiring Packaging - § 1700.14 C.1.1 EDITOR'S NOTE: Items (1) through (8) and (10) through (17) not relate to the battery industry and are not shown See "Act" if review of these items are necessary C.1.2 (a) Substances The Commission has determined that the degree or nature of the hazard to children in the availability of the following substances, by reason of their packaging, is such that special packaging is required to protect children from serious personal injury or serious illness resulting from handling, using, or ingesting such substances, and that the special packaging herein required is technically feasible, practicable, and appropriate for these substances: C.1.2.1 (9) Sulfuric acid Household substances containing 10 percent or more by weight of sulfuric acid, except such substances in wet-cell batteries, shall be packaged in accordance with the provisions of § 1700.15(a) and (b) C.1.3 (b) Sample packages C.1.3.1 (1) The manufacturer or packer of any of the substances listed under paragraph (a) of this substances requiring special packaging shall provide the Commission with a sample of each type of special packaging, as well as the labeling for each size product that will be packaged in special packaging and the labeling for any noncomplying package Sample packages and labeling should be sent to the Consumer Product Safety Commission, Attention: Bureau of Compliance; 5401 Westbard Avenue, Washington, D.C 20207 C.1.3.2 (2) Sample packages should be submitted without contents when such contents are unnecessary for demonstrating the effectiveness of the packaging C.1.3.3 (3) Any sample packages containing drugs listed under paragraph (a) of this section shall be sent by registered mail C.1.3.4 (4) As used in paragraph (b)(1) of this section, the term "manufacturer or packer" does not include pharmacists and other individuals who dispense, at the retail or user level, drugs listed under paragraph (a) of this section as requiring special packaging C.1.3.5 (c) Applicability Special packaging standards for drugs listed under paragraph (a) of this section shall be in addition to any packaging requirements of the Federal Food, Drug and Cosmetic Act or regulations promulgated there under or of any official compendia recognized by the Act (Pub L 91-601, secs., 2(4), 3, 5, 85 Stat 1670-72;15 U.S.C 1471(4), 1472, 1474; Pub L 92-573, 86 Stat 1231; 15 U.S.C 2079(a) [38 FR 21247, Aug 7, 1973] C.2 Poison Prevention Package Standards - § 1700.15 C.2.1 To protect children from serious personal injury or serious illness resulting from handling, using, or ingesting household substances, the Commission has determined that package designed and constructed to meet the following standard shall be regarded as "special packaging" within the meaning of section (4) of the Act Specific application of these standards to substances requiring special packaging is in accordance with § 1700.14 50 BCIS-10 Rev Apr02 C.2.2 General requirements The special packaging must continue to function with the effectiveness and specifications set forth in paragraph (b) of this section when in actual contact with the substance contained therein This requirement may be satisfied by appropriate scientific evaluation of the compatibility of the substance with the special package to determine that the chemical and physical characteristics of the substance will not compromise or interfere with the proper functioning of the special package The special packaging must also continue to function with the effectiveness specifications set forth in paragraph (b) of this section for the number of openings and closings customary for its size and contents This requirement may be satisfied by appropriate technical evaluation based on physical wear and stress factors, force required for activation, and other such relevant factors which establish that, for the duration of normal use, the effectiveness specifications of the package would not be expected to lessen C.2.3 (b) Effectiveness specifications Special packaging, tested by the method described in §1700.20, shall meet the following specifications: C.2.3.1 (1) Child-resistant effectiveness of not less than 85 percent without a demonstration and not less than 80 percent after a demonstration of the proper means of opening such special packaging In the case of unit packaging, child-resistant effectiveness of not less than 80 percent C.2.3.2 (2) Adult-use effectiveness of not less than 90 percent C.2.4 (c) Reuse of special packaging Special packaging for substances subject to the provisions of this paragraph shall not be reused C.2.5 (d) Restricted flow Special packaging subject to the provisions of this paragraph shall be special packaging from which the flow of liquid is so restricted that not more than milliliters of the contents can be obtained when the inverted, opened container is taken or squeezed once or when the container is otherwise activated once (Secs 2(4), 3, 5, 84 Stat 1670-72; 15 U.S.C 1471(4), 1472, 1474) C.3 Testing Procedure For Special Packaging - § 1700.20 C.3.1 (a) The protocol for testing "special packaging" as defined in section 2(4) of the Act shall be as follows: C.3.1.1 (1) Use 200 children between the ages of 42 and 51 months inclusive, evenly distributed by age and sex, to test the ability of the special packaging to resist opening by children The even age distribution shall be determined by having 20 children (plus or minus 10 percent) whose nearest age is 42 months, 20 whose nearest age is 43 months, 20 at 44 months, etc., up to and including 20 at 51 months of age There should be no more than a 10 percent preponderance of either sex in each group The children selected should be healthy and normal and should have no obvious or overt physical or mental handicap C.3.1.2 2) The children shall be divided into groups of two each The testing shall be done in a location that is familiar to the children; for example, their customary nursery school or regular kindergarten No child shall test more than two special packages, and each package shall be of a different type For each test, the paired children shall receive the same special packaging simultaneously When more than one special packaging is being tested, they shall be presented to the paired children in random order, and the order shall be recorded The special packaging, each test unit of which, if appropriate, has previously been opened and properly resecured by the tester, shall be given to each of the two children with a request for them to open it (In the case of unit packaging, it shall be presented exposed so that the 51 BCIS-10 Rev Apr02 individual units are immediately available to the child.) Each child shall be allowed up to minutes to open the special packaging For those children unable to open the special packaging after the first minutes, a single visual demonstration, without verbal explanation, shall be given by the demonstrator A second minutes shall be allowed for opening the special packaging (In the case of unit packaging, a single visual demonstration, without verbal explanation, will be provided at the end of the first minutes only for those test subjects who have not opened at least one unit package, and a second minutes allowed for all subjects.) If a child fails to use his teeth to open the special packaging during the first minutes, the demonstrator shall instruct him, before the start of the second 5-minute period, that he I permitted to use his teeth if he wishes C.3.1.3 (3) Records shall be kept on the number of children who were and were not able to open the special packaging with or without demonstration (In case of unit packaging, records shall be kept on the number of individual units opened or gained access to by each child.) The percent of child-resistant packaging effectiveness shall be the number of children tested, less the test failures, divided by two A test failure shall be any child who opens the special packaging or gains access to its contents In the number of individual units which constitute the amount that may produce serious personal injury or serious illness, or a child who opens or gains access to more than individual units, whichever number is lower, during the full 10 minutes of testing The demonstration of the substance that may produce serious personal injury or serious illness shall be based on a 25-pound child Manufacturers or packagers intending to use unit packaging for a substance requiring special packaging are requested to submit such toxicological data to the Commission C.3.1.4 (4) One hundred adults, age 18 to 45 years inclusive, with no overt physical or mental handicaps, and 70 percent of whom are female, shall comprise the test panel for normal adults The adults shall be tested individually, rather than in groups of two or more The adults shall receive only such printed instructions on how to open and properly resecure as will appear on the package as it is delivered to the consumer Five minutes shall be allowed to complete the opening and, if appropriate, the resecuring process C.3.1.5 (5) Records shall be kept on the number of adults unable to open and the number of the other adults tested who fail to properly resecure the special packaging The number of adults who successfully open the special packaging and then properly resecure the special packaging (if resecuring is appropriate) is the percent of adult-use effectiveness of the special packaging In the case of unit packaging, the percent of adult-use effectiveness shall be the number of adults who successfully open a single package C.3.2 (b) The standards published as regulations issued for the purpose of designating particular substances as being subject to the requirements for special packaging under the Act will stipulate the percent of child-resistant effectiveness and adult-use effectiveness required for each and, where appropriate, will include any other conditions deemed necessary and provided for in the Act C.3.3 (c) It is recommended that manufacturers of special packaging, or producers of substances subject to regulations issued pursuant to the Act, submit to the Commission summaries of data resulting from tests conducted in accordance with this protocol 52 BCIS-10 Rev Apr02 D APPENDIX D MAIN BODY OF CALIFORNIA PROPOSITION 65 CONSTENT JUDGEMENT FOR LEADACID BATTERIES JURISDICTION For purposes of this Consent Judgment only, the Parties agree that: The Court has jurisdiction over the allegations of violations contained in the Complaint and personal jurisdiction over each of the Settling Defendants The Court is the proper venue for resolution of this Action The Court has jurisdiction to enter this Consent Judgment as a full and final judgment, resolving the claims which were or could have been raised in the Complaint based on the facts alleged therein or in the Notice Letter as modified INJUNCTIVE RELIEF: CLEAR & REASONABLE WARNINGS Proposition 65 warnings shall be provided in the manner set forth in Paragraphs 3.2 through 3.5 below in conjunction with the sale in California of any "Covered Products" as defined herein For purposes of this Agreement, the term "Covered Products" shall mean any and all lead-acid batteries, and/or Battery Accessories which contain lead or lead compounds, and which are manufactured, sold, and/or distributed by a Settling Defendant for consumer or occupational use in California Covered Products shall include, but are not limited to, Covered Products of the type used in "Covered Vehicles" as that term is defined below, uninterrupted power sources or "UPS" systems, telecommunications and power utility systems, and other similar standby power or other industrial applications The term "Battery Accessories" shall include, without limitation, any and all battery terminals, posts, cables, cable clamps and other accessories related to batteries The term "Covered Vehicles" shall include automobiles, trucks, motorcycles, boats and similar marine applications, aircraft, golfcarts, forklifts and similar industrial motor vehicles, recreational vehicles, and solar energy systems containing Covered Products Warnings for Covered Products Sold in Covered Vehicles: Covered Vehicle Manufacturers which manufacture or distribute Covered Vehicles for sale in California shall, in conjunction with the next regularly scheduled cycle for revising the layout and arranging for the reprinting of the owner's manual for each such Covered Vehicle, include, in the revision of each such owner's manual, either: a) a system of warnings in the manner specified in Paragraphs 3.2.1 and 3.2.2 below, or b) the warning specified in Paragraph 3.2.3 below in the manner specified in Paragraph 3.2.3 below; if neither of these options is employed, a Covered Vehicle Manufacturer shall alternatively arrange for the provision of a warning as specified in Paragraph 3.6 below If a Covered Vehicle Manufacturer chooses to execute its warning obligations under this Paragraph by means of publishing a system of warnings or warning in the owner's manual for Covered Vehicles as specified in Paragraphs 3.2.1 and 3.2.2 or in Paragraph 3.2.3 below, such warnings or warning shall be printed in a type size and style that is at least as conspicuous as, but not necessarily any more prominent than, other text printed in the owner's manual concerning the use, care, and maintenance of batteries and related accessories If a Covered Vehicle Manufacturer wishes to implement its warning obligations under this Consent Judgment by means of implementing a system of warnings, it shall, in addition to publishing the battery-specific warning statement specified in Paragraph 3.2.2 below, include either of the following two Proposition 65 warning statements in the introductory section of the owner's manual under the heading "California Proposition 65 Warning": 53 BCIS-10 Rev Apr02 WARNING: This product contains or emits chemicals known to State of California to cause cancer and birth defects or other reproductive harm - or WARNING: Engine Exhaust, some of its constituents, and certain vehicle components contain or emit chemicals known to State of California to cause cancer and birth defects or other reproductive harm If a Covered Vehicle Manufacturer wishes to implement its warning obligations under this Consent Judgment by means of implementing a system of warnings, it shall, in addition to publishing one of the Proposition 65 warning statements as required by Paragraph 3.2.1 above, include the following statement either in the section of the owner's manual that relates to the care and maintenance of batteries or, if information relating to the care and maintenance of batteries is contained in a separate brochure given to the owner of the Covered Vehicle, in such brochure: WARNING: Battery posts, terminals and related accessories contain lead and lead compounds Wash hands after handling If no owner's manual section or brochure specifically related to the care and maintenance of batteries exists for a particular Covered Vehicle, the warning required by this Paragraph shall be placed in a section of the owner's manual where other generally applicable warning information is provided As an alternative to using the system of warnings specified in Paragraphs 3.2.1 and 3.2.2 above, a Covered Vehicle Manufacturer shall, include the following statement either in the section of the owner's manual that relates to the care and maintenance of batteries, or, if information relating to the care and maintenance of batteries is contained in a separate brochure given to the owner of the Covered Vehicle, in such brochure: WARNING: Battery posts, terminals and related accessories contain lead and lead compounds, chemicals known to the State of California to cause cancer and reproductive harm Wash hands after handling Covered Products Sold for Replacement Use in Automobiles: By no later than one hundred and eighty (180) days after the date of service of notice of entry of this Consent Judgment by the Court ("Effective Date"), Covered Battery Manufacturers which manufacture Covered Products sold for replacement use in automobiles, or an entity, including, but not limited to a distributor acting on their behalf, shall mail to the central purchasing office for retail stores, battery specialists, or others who sell such Covered Products to end users in California ("Retailers"), a letter containing the exact text or text that is not materially different in content or appearance than that shown in Exhibit C A copy of this letter shall also be mailed to the office of the General Counsel for each Retailer, or, if no such office exists, to the Chief Operating Officer of the Retailer in question A Covered Battery Manufacturer that has directly or through executing an agreement with an entity acting on their behalf, complied with the terms of this Paragraph and Paragraphs 3.3.1, 3.3.2, and 3.3.3 below in good faith, shall be deemed to have fulfilled its obligations under this Consent Judgment with respect to batteries sold for replacement use in automobiles and all related Battery Accessories and shall be released from liability arising from Proposition 65 claims concerning such Covered Products pursuant to Section 13 hereunder Provision of Warnings Through Signs: Covered Battery Manufacturers which manufacture Covered Products for replacement use in automobiles, or an entity including, but not limited to, a distributor acting on their behalf, shall by no later than one hundred and eighty (180) days after the Effective Date, mail to the central purchasing office for each of their Retailers in California at least twenty-five (25) copies, or such number as each Retailer subsequently requests, whichever is greater, of the sign contained in Exhibit D (hereinafter "Warning 54 BCIS-10 Rev Apr02 Sign"), printed on 65 pound cover stock The Warning Sign shall be 1/2" by 11" in size and shall have the exact content, form, and print style as Exhibit D Provision of Warnings Through Shelf Stickers: Covered Battery Manufacturers which manufacture Covered Products for replacement use in automobiles, or an entity including, but not limited to, a distributor acting on their behalf, shall, by no later than one hundred and eighty (180) days after the Effective Date, mail to the central purchasing office for each of their Retailers in California at least twenty-five (25) copies, or such number as each Retailer subsequently requests, whichever is greater, of a label ("Shelf Sticker) printed on adhesivebacked stock Each Shelf Sticker shall be at least 1" by 3" in size and have the exact content as that set forth in Exhibit D Provision of Warnings Through Battery Replacement Guides: By no later than their first regularly scheduled printing cycle for new models occurring one hundred and eighty (180) or more days after the Effective Date, Covered Battery Manufacturers which manufacture Covered Products for replacement use in automobiles, or an entity including, but not limited to, a distributor acting on their behalf, shall, at least annually, mail to the central purchasing office for each of their Retailers in California at least twenty-five (25) battery replacement guides, or such number as each Retailer subsequently requests, containing the same warning language as that specified in Exhibit D Battery replacement guides are books provided by battery manufacturers to assist the selection of an appropriately-sized product for use in particular models The warning may be printed in or affixed to the guide by means of an adhesive-backed sticker and must be placed either: 1) on the front cover of the battery replacement guide, or 2) on the footer of each page of the guide that contains listings of replacement models for particular vehicles If placed on the cover of the guide, the applicable warning language shall appear in a type size and style that is at least as conspicuous as, but not necessarily any more prominent than, other warning information contained in the battery replacement guide If placed on the footer, the applicable warning language shall appear in a type size and style that is consistent with other information placed in the footer Warnings for Other Covered Products: A Covered Battery Manufacturer which manufactures Covered Products other than Covered Products sold for use in automobiles shall, by no later than one hundred and eighty (180) days after the Effective Date, comply with the warning requirements of this Consent Judgment by complying with either: a) the requirements of Paragraphs 3.3 through 3.3.3 above, or b) by placing the warning language specified in Exhibit D on the top or on any side (other than the bottom) of any non-automotive battery they manufacture or on the exterior of its package or wrapping if it is sold in such In the latter event, the applicable warning language shall be printed in a type size and style that is at least as conspicuous as, but not necessarily any more prominent than, other instructional or warning text and information printed on the battery or its package or wrapping The warnings issued with batteries pursuant to this Paragraph shall also be deemed to satisfy any obligation a Settling Defendant may have to provide Proposition 65 warnings for Covered Products which are Battery Accessories Warnings for Occupational Exposures: To address any occupational exposures that may arise from the use or handling of Covered Products in workplaces in California, Covered Battery Manufacturers, or an entity acting on their behalf, shall include the warning language specified in Exhibit D above in the Material Safety Data Sheet ("MSDS") pertaining to each Covered Product they manufacture Covered Battery Manufacturers shall make available MSDSs containing the warning language required by this Paragraph within one hundred and eighty (180) days of the Effective Date The warnings issued pursuant to this Paragraph shall be deemed to satisfy any obligation a Settling Defendant or purchaser of its Covered Products, including a Covered Vehicle Manufacturer or a Covered Retailer, may have to provide Proposition 65 warnings for occupational exposures associated with such a Covered Battery Manufacturer's Covered 55 BCIS-10 Rev Apr02 Products, provided that such Settling Defendant or purchaser otherwise complies with its other obligations, if any, to provide occupational warnings regarding Covered Products as may be required by California or federal occupational safety and health laws and regulations Workplace Signs: A Covered Battery Manufacturer which manufactures Covered Products for replacement use in automobiles, or an entity including, but not limited to, a distributor acting on its behalf, shall, in conjunction with fulfilling its obligations under Paragraph 3.3 above, by no later than one hundred and eighty (180) days after the Effective Date, mail to the central purchasing office of each of their Retailers in California which provide battery installation services at least five (5) copies of workplace signs ("Workplace Signs") designed to educate installers about minimizing their exposure to lead from the handling of batteries and related accessories The Workplace Signs shall be at least 8-1/2" by 11" in size and shall have the same content or content that is not materially different than that shown in Exhibit E A Covered Vehicle Manufacturer's compliance with the requirements of Paragraph 3.2 of this Consent Judgment shall be deemed to address any independent responsibility it may have for occupational exposures that may arise from the use or handling of Covered Products in Covered Vehicles in occupational settings other than its own workplaces, if any, in California A Settling Defendant, or any other entity to which the release in this Consent Judgment applies, that wishes to employ a warning method other than that specified in Paragraphs 3.2 through 3.5 above to address alleged exposures of residents of the State of California to lead and lead compounds, lead acetate, lead phosphate, and lead subacetate ("lead") from leadacid batteries and battery accessories may so either by: a) within the time periods provided in Paragraphs 3.2 through 3.5 above (as respectively applicable to those Settling Defendants on whom the warning obligation falls), placing, or arranging to have placed, the warning language specified in Exhibit D on the top or on any side (other than the bottom) of any battery they manufacture, distribute and/or sell, including a battery sold in a Covered Vehicle, provided that the applicable warning language shall be printed in a type size and style that is at least as conspicuous as, but not necessarily any more prominent than, other instructional or warning text and information printed on the battery or its package or wrapping, or b) obtaining the advanced written consent of the California Attorney General's Office concerning another alternative warning, in which event, the Settling Defendant shall provide a copy of such consent to all Parties in accordance with the notice provision set forth in Section 16 of this Consent Judgment Warnings issued with batteries pursuant to this Paragraph shall also be deemed to satisfy any obligation to provide Proposition 65 warnings for Covered Products which are Battery Accessories DUTIES LIMITED TO CALIFORNIA The warning requirements contained in this Consent Judgment shall have no effect on Covered Products sold by Settling Defendants for use outside of the State of California or Covered Vehicles sold to individuals or dealerships outside of the State of California 56 APPENDIX E United States Environmental Protec- EPA Office of Enforcement and Compliance EPA 300-N-02-002 Enforcement Alert Volume 5, Number Office of Regulatory Enforcement March 2002 The ‘Battery Act’ Law Creates Public Health, Environmental Safeguards Through PhaseOut of Mercury Batteries and Other Important Requirements T he Environmental Protection Agency believes that some manufacturers of rechargeable batteries and rechargeable consumer products may not be complying with the MercuryContaining Rechargeable Battery Management Act, 42 U.S.C 14301-14336 (“Battery Act”) while others may be unaware of the Act’s requirements This issue of Enforcement Alert discusses the Battery Act’s importance in About Enforcement Alert Enforcement Alert is published periodically be the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions This information should help the regulated community anticipate enviromental law that could otherwise lead to enforcement action Reproduction and wide dissemination of this publication are encouraged For information on how you can receive this newsletter electronically, send email to the editor Editor: Virginia Bueno (202) 565-8684 bueno.virginia@epa.gov protecting human health and the environment, and its requirements for collection, disposal, recycling, labeling and ‘easy removability’ of regulated batteries In addition, several national and state recycling and collection programs are highlighted Law Promotes Proper Recycling, Disposal, Labeling, and Mercury Battery Phaseout To prevent the release of hazardous substances into the environment, the Battery Act was signed into law on May 13, 1996 The law serves two purposes: to phase out the use of mercury in batteries, and to provide for the efficient and cost-effective collection and recycling or proper disposal of used nickel cadmium (Ni-Cd) batteries, used small sealed lead-acid (SSLA) batteries, and certain other regulated batteries Among other requirements, the Battery Act also establishes national, uniform labeling requirements for “ r e g u l at e d ba t t e r ie s ” a n d f o r “rechargeable consumer products” that are manufactured domestically or imported and sold for use in the United States Health Risks Caused By Batteries Improperly Disposed More than 350 million rechargeable batteries are purchased annually in the T he Battery Act applies to Battery and Product Manufacturers, Battery Waste Handlers, and certain Battery and Product Importers and Retailers United States Rechargeable batteries, like nickel-cadmium (Ni-Cd) or small sealed lead-acid (SSLA) batteries, contain toxic heavy metals such as cadmium, mercury, and lead These heavy metals present no threat to human health or the environment while the battery is being used When thrown away, however, these batteries can cause serious harm to human health and the environment if they are discarded with ordinary household or workplace waste Approximately 73 percent of municipal solid waste is either land-filled or incinerated Neither of these methods is suited for the disposal of rechargeable batteries In landfills, heavy metals from rechargeable batteries have the potential to leach slowly into the soil, ground water, and surface water When incinerated, the heavy metals can enter the air through smokestack emissions and can concentrate in the ash produced by combustion When the incinerator ash is disposed of, the heavy metals in the ash can enter the environment Although these batteries account This publication is found on the internet at http://www/epa.gov/oeca/ore/enfalert/ 57 Enforcement Alert for a relatively small portion of the total wastes generated in the United States, Ni-Cd batteries accounted for 75 percent of the cadmium found in municipal solid waste in 1995 Similarly, SSLA batteries accounted for 65 percent of the lead found in municipal solid waste in 1995 When introduced into the environment through landfill disposal or incineration, these heavy metals make their way into the food chain The presence of these heavy metals in the food chain presents very serious consequences The possible health effects associated with ingestion or inhalation of heavy metals through water, food, or air include headaches, abdominal discomfort, seizures, and comas Additionally, several heavy metals, such as cadmium, are known carcinogens The Battery Act removes certain barriers to the recycling of Ni-Cd, SSLA, and other rechargeable batteries Prior to passage of the Battery Act, a battery recycling program spanning across several states had to comply with varying, and sometimes conflicting, state labeling and waste management regulations Recycling programs for Ni-Cd and SSLA rechargeable batteries can significantly reduce the dangers these batteries pose to human health and the environment by diverting them from landfills and incinerators Once the rechargeable batteries arrive at the recycling facility, the heavy metals are recovered during the recycling process and the remainder of the product is recycled or discarded safely Key Battery Act Terms Defined Regulated batteries are rechargeable Ni-Cd and SSLA batteries, as well as rechargeable batteries found in consumer products like cellular phones and laptop computers EPA may expand the scope of regulated batteries if it deter-mines that batteries other than Ni-Cd and SSLA batteries are toxic and may cause substantial harm to human health and the environment if land disposed or incinerated Rechargeable batteries are those batteries with one or more voltaic or galvanic cells, electrically connected to produce electric energy, that are designed to be recharged for repeated uses This definition also includes any type of enclosed device or sealed container consisting of one or more such cells, including what is commonly called a battery pack The Battery Act exempts from the definition of “rechargeable battery”: Lead acid batteries used to start an internal combustion engine or as the principal electrical power source for a vehicle; Lead acid batteries used for load leveling or for storage of electricity generated by an alternative energy source, such as a solar cell or wind-driven generator; A battery used as a backup-power source for memory or program instruction storage, timekeeping, or any Labeling Requirements L abeling requirements in Title I of the Battery Act include the following: Regulated batteries must bear the three chasing arrows or a comparable recycling symbol Regulated nickel-cadmium batteries must be labeled “nickel-cadmium” or “Ni-Cd,” with the phrase “BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” Regulated lead-acid batteries must be labeled “Pb” or with the words “LEAD,” “RETURN,” and “RECYCLE” and, if the regulated batteries are sealed, the phrase “BATTERY MUST BE RECYCLED.” Rechargeable consumer products containing NiCd batteries that are not easily removable must be labeled with the phrase “CONTAINS NICKEL-CADMIUM BATTERY BATTERY MUST BE RECYCLED OR DISPOSED OF PROPERLY.” Rechargeable consumer products containing regulated lead-acid batteries that are not easily removable must be labeled with the phrase “CONTAINS SEALED LEAD BATTERY BATTERY MUST BE RECYCLED.” The required labeling also must be carried on the packaging of rechargeable consumer products containing regulated batteries that are not easily removable, and on the packaging of regulated batteries that are sold separately from such products, if the labeling on the product or battery is not visible through the packaging Battery and product manufacturers may apply for EPA certification to use a different label that conveys the same information as described above or conforms with a recognized international standard that is consistent with the overall purposes of the Battery Act (Up until May 13, 1998, no certification was needed if the label was in “substantial compliance” with the labeling requirements.) March 2002 58 Enforcement Alert similar purpose that requires uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily; or A rechargeable alkaline battery Rechargeable consumer products are products that, when sold at retail, include a regulated battery as a primary energy supply and are primarily intended for personal or household use Examples of products for “personal or household use” include cellular phones, laptop computers, cordless power tools, personal computers, and video cameras The products include external uninterruptible power source (UPS) devices that enable electrically powered devices to continue to operate temporarily in the event of a power outage Rechargeable consumer products not include an internal uninterrupted power supply (UPS) device Such products use a battery solely as a source of backup power for memory or program instruction storage, timekeeping, or any similar purpose that requires an uninterrupted electrical power in order to function if the primary energy supply fails or fluctuates momentarily Internal UPS devices and their batteries are also exempt from the Act’s definition of “rechargeable battery” Easily removable means that regulated batteries must be detachable or easily removable from a rechargeable consumer product at the end of the life of the battery, by a consumer using common household tools (see box on right for more information) Mercury Batteries The Battery Act also phases out the use of batteries that contain mercury Mercury has been found to be extremely harmful to human health and the environment Title II of the Act prohibits any person from selling, offering for sale, or offering for promotional purposes the following batteries: Alkaline-manganese batteries that contain mercury that was intentionally introduced (as opposed to mercury that may be incidentally present), except for button cells that contain up to 25 mg of mercury; Zinc-carbon batteries that contain mercury that was intentionally introduced; Button cell mercuric-oxide batteries; and Other mercuric oxide batteries, unless the manufacturer or importer does the following: identifies a collection site for recycling or proper disposal of the batteries; informs the purchasers of the collection site; and provides the purchasers with a phone number for obtaining information about sending the batteries for recycling or proper disposal Battery Act Enforcement EPA may issue an order to violators of the Battery Act The order may assess a civil penalty and/or require compliance An order may require the violator to pay a civil penalty of not more than $10,000 for each Battery Act violation The Agency may also impose a $10,000 penalty on a person who fails to take timely corrective action required under an order The Agency also may bring a civil action for violations of the Act or noncompliance with an order For more information on the Battery Act, contact Lynn Holloway, RCRA Enforcement Division, Office of Regulatory Enforcement, (202) 564- 4241;Email:holloway.lynn@ epa.gov For compliance assistance information, contact Gloria Lowe, Office of Compliance, at (202) 564-2181; Email: lowe.gloria@epa.gov ‘Easy Removability’ Requirement The Battery Act prohibits the sale in the United States of a re-chargeable consumer product that contains a regulated battery that is not easily removable from the product This means that consumers must be able to easily re-move the regulated battery at the end of its life, by using common household tools In 1999, EPA took an enforcement action against a company that manufactured and sold 60,000 units of an external uninterruptible power sup-ply (UPS) device containing a small sealed-lead acid battery The device had been distributed, offered for sale, and sold at retail without battery removal instructions and without the words “Contains sealed lead battery Battery must be recycled” on the product or the product pack-aging The User’s Guide for the UPS device contained precautions that should be taken during battery removal and replacement, such as using tools with insulated handles and wearing rubber gloves and boots EPA determined that under Section (6)(A) of the Act, the UPS device was a rechargeable consumer product that was being sold in violation of the easy removability and labeling requirements in Section 103 The company agreed to provide past, present and future customers with instructions on battery removal; to edit the User’s Guide to remove unnecessary provisions that would deter consumers from re-moving or replacing the battery; and to post information concerning the requirements of the Battery Act on its website Since any benefit gained by these violations was minimal, and since the company eagerly complied with the Act when cited by EPA, the Agency waived the civil penalty in this case March 2002 59 Enforcement Alert Useful Battery Recycling and Collection Programs T he Rechargeable Battery Recycling Corporation (RBRC), a nonprofit organization representing many rechargeable battery manufacturers, developed the Charge Up to Recycle! program to help keep Ni-Cd batteries out of the solid waste stream and prevent toxins from ending up in landfills or municipal incinerators The Charge Up to Recycle! program offers various recycling plans for communities, retailers, businesses, and public agencies For each group, RBRC pays or shares the cost of consolidating the batteries, shipping them to the processing facility, and recycling them The program sends all Ni-Cd batteries to the International Metals Reclamation Company, a cadmium recovery facility in Ellwood City, Pa At the facility, the nickel and iron are separated from the cadmium and shipped to specialty steel producers for use in stainless steel products The recovered cadmium, at a 99.95 percent purity level, is used to produce new NiCd recharge-able batteries For more information about the Charge Up to Recycle! program, or for information about a local collection site, visit http://www.rbrc.com or call RBRC’s toll-free number at 1-800-8-BATTERY The State of Massachusetts has worked with the RBRC to establish collection points for Ni-Cd batteries in more than 100 of the state’s 351 municipalities For more information about battery recycling efforts in Massachusetts, contact the Massachusetts Department of Environmental Protection Household Hazardous Waste Hot Line at 1-800-343-3420 (Massachusetts residents only Out-of-state callers may call (617) 292-5704) To encourage the recycling of commercial SSLA batteries, the manufacturers of SSLAs and products that contain them, with support from the Portable Re-chargeable Battery Association (PRBA) and the Battery Council International (BCI), have established a collection program for commercial SSLA batteries in Florida, Iowa, Maryland, Minnesota and New Jersey For more information about the commercial SSLA battery recycling program, contact the PRBA at (770) 612- 8826 60 ... the area of the panel on which it does appear BCIS -10 Rev Apr02 2.1.4.3 Table Area of principal display panel in square inches 0-2 >2-5 >5 -10 >10- 15 >15-30 >30 Signal word** 3/64 1/16 3/32 7/64... Charger Technical Committee of Battery Council International It was first published in 1992 as a supplement to the 1989 Warning Message publication This recommended practice 10 BCIS -10 Rev Apr02... mandates that they be "easily removable" from consumer products Section 103 of the Battery Act specifically requires that: 26 BCIS -10 Rev Apr02 · · · · SSLA batteries manufactured after May 13,