UK Statutory Instrument 2008 United Kingdom

Batteries and Accumulators (Placing on the Market) Regulations 2008

What this means for your business

5 obligations
2 penalties
1 guides
Applies to
United Kingdom
On this page
5 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

5 compliance obligations under this legislation.

Management duties 1

Label batteries with mercury, cadmium or lead symbols

If you put batteries containing mercury, cadmium or lead on the market, you must label them with the correct chemical symbol (Hg, Cd or Pb) under the crossed‑out wheeled‑bin symbol. The label must be big enough (at least a quarter of the bin symbol), clear, permanent and placed on the product before it is sold.

Any Person s.6 Natural England Battery contains >0.0005% mercury (button cell), >0.002% cadmium, or >0.004% lead by …

Other requirements 2

Label battery capacity before placing on the market

If your business sells or supplies rechargeable or automotive batteries that are covered by the EU Capacity Labelling Regulation, you must put a clear, permanent label on each battery showing its capacity. The label has to be easy to read and must meet the exact specifications set out in the Regulation before the product is offered for sale in the UK.

Any Person Capacity Labelling Natural England when placing on the market a portable secondary (rechargeable) battery or automotive …

Mark batteries with crossed‑out wheeled‑bin symbol before sale

Unlimited fine

If you place any battery or battery pack on the market, you must label it with the crossed‑out wheeled‑bin recycling symbol. The symbol must be big enough – at least 3% of the largest side (or 1.5% for cylindrical cells) but not larger than 5 × 5 cm – and it must be clear, permanent and easy to see. For very tiny batteries the symbol can be printed on the packaging instead of the battery itself.

Any Person s.5 Natural England When you place a battery or battery pack on the market

Payments and fees 1

Repay enforcement costs if convicted of a battery regulation offence

If your business is convicted of breaking the Batteries and Accumulators Regulations, the court can order you to reimburse the Secretary of State for any money spent investigating the breach, such as testing the battery or appliance. You will need to pay these costs in addition to any fine or other penalty.

Trader/Business s.18 Natural England If you are convicted of an offence under the Batteries and Accumulators …

Offences and prohibitions 1

Cause another person to breach battery regulations

If, in the course of your business, something you do or fail to do leads another person to commit an offence under the Batteries and Accumulators (Placing on the Market) Regulations, you can be prosecuted as well – even if you are not the original offender. The same applies to officers of a company: if an offence is committed with their consent, connivance or because of their negligence, they are personally liable alongside the company. Conviction carries the same penalties that apply to the original offence under the Regulations.

Any Person s.21 Natural England

Penalties for non-compliance

2 penalties under this legislation. 1 carry an unlimited fine.

Unlimited fine

Fail to comply with battery placement regulations or enforcement notices

Unlimited fine

Either way s.15 Penalises: Mark batteries with crossed‑out wheeled‑bin symbol before sale
Fine

Cause another person to breach battery regulations

Penalty applies

s.21 Penalises: Cause another person to breach battery regulations

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

27 classified provisions from this legislation.

Duties 6

  • s.5 Marking with crossed out wheeled bin symbol person
  • s.6 Marking with mercury, cadmium and lead symbols person
  • s.8 Enforcement authority Secretary of State
  • s.18 Recovery of expenses of enforcement
  • s.26 Review
  • Capacity Labelling Capacity Labelling person

Offences and penalties 4

  • s.15 Offences
  • s.16 Penalties
  • s.17 Power of the court to require matters to be remedied
  • s.21 Liability of persons other than the principal offender

Powers 6

  • s.9 Test purchases
  • s.10 Power to require production of documents and information by notice
  • s.11 Further powers to obtain evidence
  • s.12 Powers of entry: supplementary
  • s.13 Compliance notice
  • s.14 Enforcement notice

Definitions 3

  • s.2 Interpretation appliance accumulator battery pack
  • s.22 Service of documents
  • s.23 Restrictions on enforcement powers and use of certain evidence under them

Exemptions 3

  • s.3 Application
  • s.4 Prohibitions on mercury and cadmium
  • s.20 Defence of due diligence