Current through Public Act 103-1052
Section 415 ILCS 205/20 - Role of retailers(a) Beginning July 1, 2026, a retailer may not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product containing one or more covered batteries unless the producer of the covered battery or battery-containing product is identified as a participant in a battery stewardship organization whose plan has been approved by the Agency.(b) A retailer is not in violation of the requirements of subsection (a) of this Section if the website made available by the Agency under Section 55 lists, as of the date a product is made available for retail sale, the producer or brand of covered battery or battery-containing product containing one or more covered batteries sold by the retailer as a participant in an approved plan or the implementer of an approved plan.(c) Retailers of covered batteries or battery-containing products containing one or more covered batteries are not required to make retail locations available to serve as collection sites for a stewardship program operated by a battery stewardship organization. Retailers that serve as a collection site must comply with the requirements for collection sites, consistent with Section 40.(d) A retailer may not sell, offer for sale, distribute, or otherwise make available for sale covered batteries, unless those batteries are marked consistently with the requirements of Section 65. A producer of a product containing a covered battery must certify to the retailers of its product that the battery contained in the battery-containing product is marked consistently with the requirements of Section 65.(e) A retailer selling or offering covered batteries or battery-containing products containing one or more covered batteries for sale in the State may provide information, provided to the retailer by the battery stewardship organization, regarding available end-of-life management options for covered batteries collected by the battery stewardship organization. The information that a battery stewardship organization must make available to retailers for voluntary use by retailers must include, but is not limited to, in-store signage, written materials, and other promotional materials that retailers may use to inform customers of the available end-of-life management options for covered batteries collected by the battery stewardship organization.(f) Retailers, producers, or battery stewardship organizations shall not charge a specific point-of-sale fee to consumers to cover the administrative or operational costs of the battery stewardship organization or the battery stewardship program.Added by P.A. 103-1033,§ 20, eff. 8/9/2024.