Does the Battery Act preempt state law for Batteries Plus Bulbs franchisees?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
Our recycling policies comply with the Rechargeable Battery Act ("Battery Act") adopted in May 1996. The policies are disclosed in our Operations Manual. Our policies address proper handling, storage and disposal of universal waste batteries. You may only send waste batteries to an approved universal waste handler, or a destination facility. Our Operations Manual lists the potential approved battery consolidators and disposal facilities. You also should check your state and local authorities for a listing of battery consolidators and disposal facilities. The Battery Act pre-empts state law by automatically subjecting certain types of batteries to the Rule.
You will need to comply with regulations regarding the testing, packaging and shipping of all batteries, including recycled batteries. In addition, you must package all batteries for shipping to comply with specific government regulations. If you desire to offer a lithium battery pack that we have not tested, you must have that lithium battery pack tested and certified by an independent third party prior to sale.
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 8–13)
What This Means (2025 FDD)
According to Batteries Plus Bulbs' 2025 Franchise Disclosure Document, the Rechargeable Battery Act ("Battery Act") adopted in May 1996 does preempt state law by automatically subjecting certain types of batteries to the Rule. The franchise's recycling policies comply with the Battery Act, and these policies are detailed in the Operations Manual. These policies specifically address the proper handling, storage, and disposal of universal waste batteries.
As a Batteries Plus Bulbs franchisee, you are restricted to sending waste batteries only to approved universal waste handlers or destination facilities. The Operations Manual provides a list of potential approved battery consolidators and disposal facilities. However, it is also your responsibility to check with state and local authorities for their own listings of approved battery consolidators and disposal facilities to ensure full compliance.
Furthermore, franchisees must comply with regulations regarding the testing, packaging, and shipping of all batteries, including recycled batteries. Batteries must be packaged for shipping in accordance with specific government regulations. If a franchisee wishes to offer a lithium battery pack that has not been previously tested by Batteries Plus Bulbs, the franchisee is responsible for having that battery pack tested and certified by an independent third party before it can be sold.