Quick answers to common questions about battery EPR, compliance, and stewardship. Learn who is obligated, what requirements may apply, and how The Battery Network helps stewards navigate evolving regulations.
ERP Basics
What is Extended Producer Responsibility (EPR)?
Extended Producer Responsibility (EPR) is a policy that makes manufacturers responsible for what happens to their products after consumers are done using them, including collection, recycling, and disposal.
What is EPR for batteries?
EPR for batteries means that manufacturers, battery containing product producers,
and importers, are legally responsible for the collection, recycling, and safe disposal of batteries they have placed on the market in the United States once consumers are finished using them. This applies to various battery types, including:
- Portable batteries (e.g., AA, AAA, rechargeable consumer batteries)
- Medium format batteries (e.g., e-bike, lawnmower, marine applications)
What states have Battery EPR laws?
Battery EPR laws continue to expand across the United States. Find out more about which states have battery EPR laws enacted.
Who Is Obligated
Who is considered a Steward?
Steward is the term The Battery Network uses to describe the battery and battery containing product obligated producers under Federal law and various state Battery Extended Producer Responsibility (EPR) laws. A company who joins and supports our program through program fees is called Steward.
Who is obligated under Battery EPR laws?
The definition of an obligated producer is tiered in all state laws. Generally, it follows this outline:
- If you manufacture and place on the market a battery or battery containing product and you own the brand name on the product or battery, you are the obligated producer;
- If you place a battery or battery containing product on the market and you own the brand name on the product or battery, you are the obligated producer;
- If there is no person to whom items 1 or 2 above, then the obligated producer is the person that is the licensee of the brand or trademark under which the battery or battery containing products are sold;
- If there is no person to whom items 1, 2 or 3 above, then the obligated producer is the importer of record for the battery or battery containing product into the United States;
- If there is no person to whom items 1, 2, 3 or 4 above apply to, then the obligated producer is the person which first sells or distributes the battery or battery containing product in the United States (this includes online sales).
Are business-to-business (B2B) batteries included?
Yes, the various state battery EPR law definition of a covered battery does not differentiate if the battery is sold to a consumer or to a business. All are considered a covered battery.
I am an obligated producer. What do I need to do next?
Obligated producers are legally required to be part of an approved plan in the states that have battery EPR laws in effect for retailers to be able to sell your batteries and/or products. Producers can submit and operate their own plans, or you can join The Battery Network which has approved plans in all states where there is a battery EPR law in place.
Becoming a Steward & Staying Compliant
How does a company become an industry steward?
Submit an Industry Steward Inquiry Form and we’ll confirm whether your company qualifies.
What are the consequences of non-compliance?
Retailers may not sell batteries or battery-containing products from non-compliant producers. Producers not participating in approved programs may be banned from selling in certain states.
What additional actions or requirements must a company complete on their own under battery EPR laws?
Upon joining The Battery Network program, we take on the responsibility of meeting the compliance requirements under battery EPR laws. This includes filing plans for approval, making those plans operational, and filing annual reports. From time to time, there may be labeling requirements for a battery or battery containing product or notification to a state agency which will required by the Steward to act. The Battery Network will provide updates to Stewards if there are specific actions you need to take outside of our program operations.
How does your program and agreement expand into new states with battery EPR laws?
The Battery Network intends to operate approved plans in every state that passes a battery EPR law. The agreement operates as an opt-out agreement. This means that as we expand into new states with approved plans, all Stewards will be automatically enrolled in the state program. Per the agreement, The Battery Network will provide in writing, at least 90 days ahead of fees being charged, the state exhibit with all legal requirements and associated fees which support the requirements under that specific state law. If a Steward would like to opt-out of a new state, they can do so in writing to the Steward Relations team.
Why do you have separate programs based on chemistry or battery size (i.e. primary, rechargeable, and medium format programs)?
The Battery Network operates separate programs based on chemistry and size based on the definition of a “covered battery” in the battery EPR laws.
- The portable rechargeable battery program (i.e. batteries under 11 pounds and 300 watt hours) operates as a national program to meet Federal EPA Universal waste regulations. The Battery Network operates state specific programs in states that have battery EPR laws that go above and beyond the Universal Waste regulations to ensure compliance for all Stewards.
- The portable primary battery program operates only in states that have a battery EPR law that includes primary chemistries as part of the definition of a “covered battery”.
- Lastly, the medium format battery program (i.e. batteries between 11 and 25 pounds OR between 300 and 2,000 watt-hours) also operates only in states that have a battery EPR law that includes medium format batteries as part of the definition of a “covered battery.
