AB1205,,1616(b) “Covered battery” means a portable battery or, beginning January 1, 2029, a medium format battery. “Covered battery” does not include any of the following: AB1205,,17171. A battery, contained in a medical device that is regulated under the federal food, drug and cosmetic act, 21 USC 301 to 394, that is not designed or marketed for sale or resale at retail locations for personal use. AB1205,,18182. A battery that contains an electrolyte as a free liquid. AB1205,,19193. A lead acid battery. AB1205,,20204. A vehicle battery. AB1205,,21215. A battery in a battery-containing product that is not intended or designed to be easily removable from the battery-containing product. AB1205,,2222(c) “Medium format battery” means any of the following: AB1205,,23231. For batteries that are not capable of being recharged, a battery that weighs more than 4.4 pounds but not more than 25 pounds. AB1205,,24242. For rechargeable batteries, a battery that weighs more than 11 pounds, or that has a rating of more than 300 watt-hours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watt-hours. AB1205,,2525(d) “Portable battery” means any of the following: AB1205,,26261. For batteries that are not capable of being recharged, a battery that weighs no more than 4.4 pounds. AB1205,,27272. For rechargeable batteries, a battery that weighs no more than 11 pounds and that has a rating of no more than 300 watt-hours. AB1205,,2828(e) “Producer” means a person that sells, offers for sale, or distributes for sale a covered battery in or into this state and that is any of the following: AB1205,,29291. If the covered battery is sold under a brand of the battery’s manufacturer, the person that manufactures the battery. AB1205,,30302. If the covered battery is sold under a retail brand or under a brand owned by a person other than the battery’s manufacturer, the person that owns the brand. AB1205,,31313. If subds. 1. and 2. do not apply, the person that is the licensee of a brand or trademark under which the covered battery is sold, offered for sale, or distributed for sale in or into this state, regardless of whether the trademark is registered in this state. AB1205,,32324. If subds. 1. to 3. do not apply to any person within the United States, the person that is the importer of record for the covered battery into the United States for the purpose of selling, offering for sale, or distributing for sale the battery in or into this state. AB1205,,33335. If subds. 1. to 4. do not apply to any person with a commercial presence in this state, the person who first sells, offers for sale, or distributes for sale the covered battery in or into this state. AB1205,,3434(f) “Rechargeable battery” means a battery that contains one or more voltaic or galvanic cells electrically connected to produce electric energy and that is designed to be recharged. AB1205,,3535(g) “Recycling” means preparing batteries for use in manufacturing processes or for recovery of usable materials and delivering the materials for use. “Recycling” does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process through which batteries are returned in their original form. AB1205,,3636(h) “Retailer” means a person that offers a battery for sale in this state by any means, including through online sales. AB1205,,3737(2) Prohibitions. (a) Producers. Beginning on January 1, 2026, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery unless the producer is in compliance with the requirements under sub. (3). AB1205,,3838(b) Retailers. Beginning on January 1, 2026, no retailer may sell or offer for sale in this state any covered battery unless the producer of the battery is in compliance with the requirements under sub. (3). This paragraph does not apply to covered batteries for which any of the following apply: AB1205,,39391. The retailer purchases the covered battery before January 1, 2026, and sells the battery on or before January 1, 2027. AB1205,,40402. If the producer’s battery stewardship plan under this section expired or was revoked, the retailer purchased the covered battery before the producer’s battery stewardship plan expired or was revoked. AB1205,,4141(3) Producer requirements. (a) Stewardship plan. No later than June 1, 2025, each producer shall submit a battery stewardship plan to the department for review. No later than January 1, 2026, each producer shall operate under an approved battery stewardship plan. A battery stewardship plan submitted to the department shall have a term of no more than 5 years and shall include all of the following: AB1205,,42421. If the producer is a member of a battery stewardship organization under sub. (4), the names and contact information for each of the producers in the battery stewardship organization. AB1205,,43432. The brands of all of the covered batteries that the producer sells, offers for sale, or distributes for sale in or into this state. All such brands shall be covered by the battery stewardship plan. AB1205,,44443. Provisions for collecting covered batteries at no cost, regardless of the brand or producer of the covered battery.