What regulations must a Batteries Plus Bulbs franchisee comply with regarding batteries?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
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Many states have enacted statutes that regulate the sale and disposal of batteries sold at your Store. All states prohibit retailers from discarding nickel cadmium (Ni-Cad) batteries, as they must be recycled. The laws covering Ni-Cad batteries specifically target dry cell Ni-Cad batteries. Some states have statutes that regulate the disposal of all rechargeable batteries. Some states have statutes that regulate the disposal of all primary and rechargeable batteries. Some states also have statutes that regulate the handling and recycling of certain light bulbs. You should check your state statutes to determine the measures you must take to comply with legislation in your state, as these laws change frequently. In addition, several states impose environmental taxes and/or environmental fees on nickel cadmium batteries, lead acid batteries and mercury containing light bulbs. Laws in all states require the collection of lead-acid batteries and most states have laws that require a point-of-sale notice, deposit or battery disposal fee for lead-acid batteries. State lead-acid battery laws were designed to remove automotive or starting, lighting and ignition ("SLI") and sealed lead acid ("SLA") batteries from the solid waste stream.
Batteries Plus® Stores are included in a category of businesses defined by the government as being waste "generators." Subtitle C of the Resource Conservation and Recovery Act (RCRA) regulates hazardous waste generators. A "generator" is any person, or site, whose processes and actions create hazardous waste (see 40 CFR 260.10 located on ecfr.gov). Generators are divided into three categories (large, small, and conditionally exempt), based upon the quantity of waste they produce per month.
Each class of generator is obligated to comply with a varying number of requirements. See EPA site (epa.gov) for the Hazardous Waste Generator Regulatory Summary for details. For a list of guidance documents and resources, see the Additional Resources page.
All large & small quantity generators are required to: (1) obtain an EPA Identification number (available from your state environmental office); (2) comply with the manifest system; (3) handle wastes properly before shipment (packaging, labeling, marking, placarding, accumulation time, etc.); (4) comply with employee training requirements and (5) comply with record keeping and reporting requirements. (See also 40 CFR 262.)
Note that some states may have additional requirements for generators. You should contact your state environmental office if you are not familiar with the requirements that may apply to you.
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.
You also must comply with various federal and state laws and regulations governing disposal or recycling of certain light bulbs and ballasts. Management and disposal by businesses of fluorescent light bulbs and other mercury-containing bulbs are federally regulated under the Resource Conservation and
Recovery Act (RCRA) Universal Waste Rule (UWR) and Subtitle C hazardous waste regulations. In addition, many states have light bulb and ballast disposal regulations that are more stringent than federal requirements.
All fluorescent light bulbs and high discharge (HID) lamps contain mercury.
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 8–13)
What This Means (2025 FDD)
According to the 2025 Batteries Plus Bulbs FDD, franchisees must comply with several regulations regarding the sale, handling, and disposal of batteries. Many states have statutes regulating the sale and disposal of batteries, with all states prohibiting the discarding of nickel cadmium (Ni-Cad) batteries, requiring them to be recycled. Some states regulate the disposal of all rechargeable batteries, while others regulate both primary and rechargeable batteries. Additionally, several states impose environmental taxes or fees on nickel cadmium and lead-acid batteries. Laws in all states mandate the collection of lead-acid batteries, and most require a point-of-sale notice, deposit, or disposal fee for these batteries.
Batteries Plus Bulbs stores are classified as waste "generators" under the Resource Conservation and Recovery Act (RCRA), which regulates hazardous waste. Depending on the quantity of waste produced per month, generators are divided into large, small, and conditionally exempt categories, each with varying compliance requirements. Large and small quantity generators must obtain an EPA Identification number, comply with the manifest system, handle wastes properly before shipment, adhere to employee training requirements, and maintain record keeping and reporting. Some states may have additional requirements for generators, so franchisees should contact their state environmental office for specific details.
Batteries Plus Bulbs' recycling policies comply with the Rechargeable Battery Act, and these policies are detailed in the Operations Manual, addressing the proper handling, storage, and disposal of universal waste batteries. Franchisees may only send waste batteries to approved universal waste handlers or destination facilities, as listed in the Operations Manual, and should also check with state and local authorities for additional listings. Franchisees must also comply with regulations regarding the testing, packaging, and shipping of all batteries, including recycled batteries, and must have lithium battery packs tested and certified by a third party prior to sale if the franchisor has not already done so.
In practical terms, a Batteries Plus Bulbs franchisee must stay informed about ever-changing state and federal regulations regarding battery disposal, recycling, and handling. This includes understanding the requirements for hazardous waste generators, ensuring proper training for employees, and adhering to specific packaging and shipping guidelines. Failure to comply with these regulations can result in fines and legal repercussions, highlighting the importance of staying updated and maintaining meticulous records.