100.27 Dry cell batteries containing mercury.

(1) Definitions. In this section:

(a) “Alkaline manganese battery" means a battery with a manganese dioxide electrode and an alkaline electrolyte.

(b) “Alkaline manganese button cell battery" means an alkaline manganese battery that resembles a button in size and shape.

(c) “Mercuric oxide battery" means a battery with a mercuric oxide electrode.

(d) “Mercuric oxide button cell battery" means a mercuric oxide battery that resembles a button in size and shape.

(dg) “Zinc air battery" means a battery with a zinc anode, an alkaline electrolyte, and a cathode that is capable of catalyzing oxygen when present.

(dr) “Zinc air button cell battery" means a zinc air battery that resembles a button in size and shape.

(e) “Zinc carbon battery" means a battery with a manganese dioxide electrode, a zinc electrode and an electrolyte that is not alkaline.

(2) Alkaline manganese batteries.

(a) No person may sell or offer for sale an alkaline manganese battery that is manufactured after January 1, 1996, except for an alkaline manganese button cell battery, unless the manufacturer has certified to the department that the alkaline manganese battery contains no mercury that was intentionally introduced.

(b) No person may sell or offer for sale an alkaline manganese button cell battery that is manufactured after January 1, 1996, unless the manufacturer has certified to the department that the alkaline manganese button cell battery contains no more than 25 milligrams of mercury.

(3) Zinc carbon batteries. No person may sell or offer for sale a zinc carbon battery that is manufactured after July 1, 1994, unless the manufacturer has certified to the department that the zinc carbon battery contains no mercury that was intentionally introduced.

(5) Mercuric oxide batteries. Beginning on July 1, 1994, no person may sell or offer for sale a mercuric oxide battery that is not a mercuric oxide button cell battery unless the manufacturer does all of the following:

(a) Identifies a collection site, that has all required governmental approvals, to which persons may send used mercuric oxide batteries for recycling or proper disposal.

(b) Informs each purchaser of one of its mercuric oxide batteries of the collection site identified under par. (a) and of the prohibition in s. 287.185 (2).

(c) Informs each purchaser of one of its mercuric oxide batteries of a telephone number that the purchaser may call to get information about returning mercuric oxide batteries for recycling or proper disposal.

(d) Informs the department and the department of natural resources of the collection site identified under par. (a) and the telephone number under par. (c).

(5m) Zinc air button cell batteries. No person may sell at retail or offer for sale at retail a zinc air button cell battery that is manufactured after January 1, 2013, unless the manufacturer has certified to the department that the zinc air button cell battery contains no mercury that was intentionally introduced.

(6) List of certified batteries. The department shall compile and make available to the public a list of all batteries for which it has received certification under subs. (2), (3), and (5m).

(7) Penalties.

(a) Any person who violates subs. (2) to (5m) shall forfeit not less than $50 nor more than $200.

(b) Any manufacturer that submits a fraudulent certification under sub. (2), (3), or (5m) shall forfeit not less than $1,000 nor more than $10,000 for each violation.

History: 1993 a. 74; 1995 a. 227; 2011 a. 201.