The Waste Batteries & Accumulators Regulations 2009
These Regulations came into force on 5 May 2009 and effect retailers (defined in the Regulations as “distributors”) who sell 32 kg or more of portable batteries in a year.
From 1 February 2010 such retailers are required to take back used batteries from the public free of charge. They must also advertise the take back service available in their shops and ensure that they do not show the costs of collection, treatment and recycling of portable batteries.
Retailers can require any battery compliance scheme to collect batteries from them and are entitled to expect the scheme operators to:
a. make arrangements within 21 days of the request for the collection of the
waste batteries and
b. ensure the collection of the batteries, without charge to the retailer, and
within a reasonable time
.
Retailers as distributors are guilty of an offence if they contravene or fail to comply with any requirement of Regulation 31 or Regulation 34 which state:
31. – (1) A distributor of portable batteries must, at any place it supplies such
batteries to end-users
(a) take back waste portable batteries at no charge and
(b) inform end-users about the possibility of such take back at the
distributor’s sales points.
(2) A distributor may not
(a) make any charge to end-users or
(b) oblige end-users to buy a new battery
when accepting waste portable batteries under paragraph (1)(a)
(3) The duty in paragraph (1) does not apply where portable batteries are
supplied by a small distributor.
(4) A distributor must not dispose of, or arrange for the disposal of, waste
portable batteries accepted under paragraph (1)(a)
(5) In this Regulation “small distributor” means a distributor who supplies
less than 32 kg of portable batteries to end-users in a year.
34. A distributor must not show separately the costs of the collection, treatment and recycling of waste portable batteries to an end-user at the time of sale of new portable batteries.
An enforcement authority can serve written notice under regulations 31 and 34 on a distributor where it suspects that a requirement of the Regulations has been contravened and it could prosecute if the specified requirement is not met.
The Government provides an online batteries calculator to help retailers establish if they need to comply with the Regulations. The online tool calculates the weight of batteries sold by reference to the number of packs sold on a yearly or monthly basis. The tool can be found at http://www.defra.gov.uk/environment/waste/producer/batteries/calculator.htm
All PBS Information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.