Portable and Medium-Format Battery Stewardship Act, SB3686, passed in both Houses on May 24th, 2024, and is awaiting the Governor’s signature.

The Act includes primary, rechargeable, and battery-containing products in its scope, and sets the obligation to implement a stewardship plan by January 1st, 2026. In the same vein, it repeals the existing lead-acid battery recycling program from January 1st, 2028.

The primarily obligated party is the Producer, exact meaning of which will depend on the route to market or contractual obligations. With that said, as in most cases, this might include manufacturers, brand owners, or importers.

The Act only allows for one exemption for battery-containing products when such products contain batteries for which the Producer is already a member of a battery stewardship organization. The Producer will need to provide a written certification of membership to benefit from this exemption.

Producers must be members of a Battery Stewardship Organization (BSO) with an approved Battery Stewardship Plan by January 1st, 2026. If they fail to do so but continue to sell in or into the state, they are in violation of the Act. Retailers who sell products of non-compliant Producers after July 1st, 2026, are in violation of the Act.

Twofold labeling obligations are introduced starting from January 1st, 2027, and January 1st, 2029, which respectively include producer identification and labels to ensure proper collection and recycling. The Act accounts for exceptions under certain circumstances.

What are the deadlines?

By July 1, 2025, Battery Stewardship Organizations must submit Battery Stewardship Plans for approval

By January 1, 2026, Producers must participate in a Battery Stewardship Plan

After January 1, 2026, Producers are not allowed to sell products if not members of the Battery Stewardship Organizations

After July 1, 2026, Retailers are not allowed to sell products of non-compliant Producers

By January 1, 2027, Producer identification label mandatory

By January 1, 2029, proper collection and recycling labels mandatory

 

If you need support or have additional questions, please contact us at CGlobal-Sales@landbellgroup.com

Published July 1, 2024

Image generated with the assistance of Artificial Intelligence.