(1) DEFINITIONS. In this section: (a) “Battery” means a lead acid battery. (b) “Consumer” means a person who uses a battery. (bm) “Deposit” means an amount charged upon the sale of an item, whether as a separate charge or included in the original purchase price of the item, that is refunded when the item, or another item of the same kind, is relinquished to the person who sold the item. “Deposit” includes a core charge. (c) “Retailer” means a person who sells batteries to consumers. (1m) NOTICE. (a) The department shall provide a notice concerning the disposal of batteries to all retailers. The notice shall be 8.5 inches by 11 inches and all notices shall be of the same color, typeface and type size. The notice shall include all of the following information: 1. That it is illegal to dispose of a motor vehicle battery or other battery in a landfill or incinerator. 2. That batteries should be recycled. 3. That state law requires retailers to accept used batteries in trade and in some other instances. (b) A retailer shall post the notice provided under par. (a) in a place where it can be seen by consumers. (2) SALE AND INSTALLATION. (a) A retailer who sells a battery to a consumer and installs the battery shall accept the used battery unless the consumer refuses to relinquish the used battery. (b) If the consumer refuses to relinquish the used battery under par. (a), the retailer shall comply with sub. (3). (3) COUNTER SALES. (a) If a retailer sells a battery to a consumer without installing the battery or if sub. (2) (b) applies, the retailer shall do all of the following: 2. Offer to take the consumer’s used battery in trade. 3. Subject to par. (b), accept the consumer’s used battery in trade for a new battery without charge or time limit, during normal business hours, at any business location owned or operated by the retailer. (b) A retailer accepting a used battery in trade under par. (a) 3. may require the consumer to provide proof that the consumer purchased a battery from the retailer. (4) ACCEPTANCE OF OTHER BATTERIES. (a) Except as provided in par. (b), if a person delivers to a retailer a used battery to which sub. (3) (a) 3. does not apply, the retailer shall accept the used battery. A retailer may charge up to $3 for each battery delivered under this paragraph. (b) A retailer is not required to accept more than 2 batteries delivered under this subsection by a person on one day. (5) DEPOSIT. A retailer shall charge a deposit of $10 on the sale of an automotive type replacement battery, such as an automobile, truck, motorcycle, all-terrain vehicle, utility terrain vehicle, snowmobile, golf cart, tractor, lawn and garden equipment, or marine battery or other battery used to start an internal combustion engine. The retailer shall refund the deposit if the consumer delivers the battery to the retailer under sub. (3) (a) 3.
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