44-1323. Sale of lead acid batteries; refundable deposit; 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 deposit to receive those batteries, other than the refundable deposit 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, a refundable deposit will be charged unless a used battery is returned for refund within forty-five days."

B. A lead acid battery seller shall charge each person who purchases a new lead acid battery a refundable deposit per battery. A seller shall refund the deposit 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 deposit 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 deposit 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:

1. Is subject to this article.

2. May charge a deposit as prescribed by subsection B of this section.