§ 27-1807. Rechargeable battery recycling program.\n 1. Rechargeable batteries shall be returned to a retailer that sells\nsuch batteries that are similar in shape, size, function and weight to\nthose to be disposed of. Rechargeable batteries contained in electronic\nproducts must be removed prior to disposal of such product.\n a. Retailers having a place of business in the state shall accept from\nconsumers at any time during normal business hours rechargeable\nbatteries of a similar shape, size, function and weight as the retailer\noffers for sale; provided, however, that any acceptance of batteries\nfrom electric scooters or bicycles with electric assist shall be\nvoluntary, and shall only be permissible at retailers which offer for\nsale electric scooters or bicycles with electric assist or their\nbatteries. Retailers shall take up to ten such batteries, provided,\nhowever, with respect to rechargeable batteries defined in subparagraph\n(ii) of paragraph (a) of subdivision four of section 27-1803 of this\ntitle, retailers shall take up to five such batteries, per day from any\nperson regardless of whether such person purchases replacement\nbatteries, and retailers shall also accept as many such batteries as a\nconsumer purchases from the retailer, except for batteries from electric\nscooters or bicycles with electric assist. Retailers, other than\nretailers not participating as a collection site who sell electric\nscooters or bicycles with electric assist or their batteries and no\nother types of rechargeable batteries, shall conspicuously post and\nmaintain, at or near the point of entry to the place of business, a\nlegible sign, not less than eight and one-half inches by eleven inches\nin size, stating that used rechargeable batteries of the size and shape\nsold or offered for sale by the retailer may not enter the solid waste\nstream, and that the retail establishment is a collection site for\nrecycling such batteries. Such sign shall state the following in letters\nat least one inch in height: "It is illegal to dispose of rechargeable\nbatteries in the state of New York as solid waste. We accept used\nrechargeable batteries for return to the manufacturer."\n b. Retailers that sell rechargeable batteries to consumers in the\nstate through non-retail outlets such as through catalogs, or by mail,\ntelephone or the internet shall provide at the time of purchase or\ndelivery to the consumer notice of an opportunity to return used\nrechargeable batteries at no cost to the consumer for reuse or\nrecycling.\n c. Retailers in the state, other than retailers not participating as a\ncollection site who sell electric scooters or bicycles with electric\nassist or their batteries and no other types of rechargeable batteries,\nshall conspicuously maintain, at a location within the retail\nestablishment that is convenient for use by consumers, collection boxes\nor other suitable receptacles, supplied by the manufacturer, into which\nconsumers may safely deposit used rechargeable batteries.\n d. Retailers shall not accept rechargeable batteries defined in\nsubparagraph (ii) of paragraph (a) of subdivision four of section\n27-1803 of this title that are damaged, defective, or recalled.\n e. Retailers may not sell or offer for sale to consumers in the state\nrechargeable batteries unless the battery manufacturer is operating in\naccordance with a collection, transportation, and recycling plan\napproved by the commissioner. The commissioner shall maintain on the\ndepartment's website a list of manufacturers operating in accordance\nwith approved plans, and the brands covered by such manufacturer's\nplans. No retailer shall be in violation of the requirements of this\nparagraph if, at the date the rechargeable battery was made available\nfor sale, the battery manufacturer of such battery was on the list of\nmanufacturers operating in accordance with an approved plan maintained\non the department's website.\n f. Retailers must be in
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