Last Updated:	2006-12-12
Report Contents
-   Summary -   Relevant Dates -   Key Documents -   Links -   Contacts

Introduction

Maine is one of thirteen states that was a leader in regulating the sale, distribution, recycling, and disposal of batteries before the federal Mercury-Containing and Rechargeable Battery Management Act [link to Batteries in USA - Federal] (the Federal Battery Act) was signed into law on May 13, 1996. Although the Federal Battery Act preempts state regulation in some areas, Maine has passed numerous pieces of legislation that remain effective.

Generally, states may not enforce any labeling or "easy removability" requirements for rechargeable batteries or rechargeable consumer products unless the state requirements are identical to the federal requirements. State laws governing the phase-out of batteries containing mercury may be more stringent than the Federal Battery Act. Finally, because the Federal Battery Act does not address the recycling or disposal of batteries, states may continue to adopt and enforce standards for the recycling and disposal that are more stringent than existing federal standards under RCRA.

1. An Act to Regulate the Use of Batteries Containing Mercury:
   Maine has adopted an Act banning the sale or distribution of mercury-added button cell batteries in the state after June 30, 2011.
2. Regulation of Lead-Acid Batteries:
   Maine prohibits the disposal of lead-acid batteries in a manner that may cause the battery or any of its constituents to enter the environment. Maine also requires retailers and wholesalers to take-back such batteries for proper disposal.
3. Regulation of Dry Cell Mercuric Oxide Batteries and Rechargeable Consumer Products:
   Maine requires manufacturers of dry cell mercuric oxide or rechargeable batteries to implement a collection system for such batteries and requires industrial facilities to dispose of such batteries in a manner consistent with the statute.
4. Legislative Resolution Regarding Sale of Mercury-Containing Batteries and DEP Report:
   The legislature in 2004 required the Department of Environmental Quality (DEP) to review the sale of batteries containing mercury and the feasibility of recycling, labeling, or prohibiting certain types of batteries. DEP released its report in March 2005 and made numerous recommendations regarding the prohibition on the sale of certain mercury-added batteries.