Overview of the Issue
The California Electronic Waste Recycling Act, recently amended by the state legislature, now includes batteries in certain covered battery-embedded products, which are devices with a battery not easily removable by the user with common household tools.
Effective January 1, 2026, a 1.5% recycling fee (capped at $15) is charged to consumers at the point of sale for these products. Manufacturers of affected products have several responsibilities, including retailer notification and annual reporting.
California Senate Bill (SB) 1215 (Newman, Chapter 370, Statutes of 2022) amends the state’s Electronic Waste Recycling Act by adding “covered battery-embedded products” to the Covered Electronic Waste (CEW) Recycling Program. These changes may apply to a range of battery-powered products sold by ASA members, including some marine electronics, electronic fish scales, rechargeable lighting and accessories, and other devices sold at retail in California.
Under the law, manufacturers are responsible for determining whether any of their products meet the definition of a “covered battery-embedded product” and which products, if any, are exempt.
What is a “Covered Battery-Embedded Product”?
Under California’s Public Resources Code, a “covered battery-embedded product” generally means a product:
• that contains a battery, and
• from which the battery is not designed to be easily removed by the user using no more than commonly used household tools
This definition is subject to several statutory exemptions, including:
• Certain medical devices,
• Certain energy storage systems,
• Electronic nicotine delivery systems, and
• Existing “covered electronic devices” such as video display devices.
Because the statute is detailed and highly product-specific, each manufacturer must review its own product portfolio, with legal counsel as appropriate, to determine which products contain embedded batteries that the end user cannot easily remove, and whether any of those products fall within a statutory exemption.
Key Dates and Requirements for Manufacturers
Beginning in 2025, SB 1215 phases in several new requirements for manufacturers of covered battery-embedded products.
1) Retailer Notification
On or before July 1, 2025, and every year thereafter, a manufacturer of covered battery-embedded products must send a notice to all retailers selling those products in California. The notice must:
• Identify, by brand and model number, each covered battery-embedded product that is subject to the law.
• Identify any products manufactured by that company that are exempt from the “covered battery-embedded product” definition.
• Inform retailers that the listed covered products are subject to a covered battery-embedded waste recycling fee, without specifying the fee amount.
Manufacturers must also send copies of these notices to CalRecycle at: CEDManufacturers@calrecycle.ca.gov.
CalRecycle has developed an optional template that manufacturers may use to notify retailers.
Although the initial July 1, 2025 deadline has passed, manufacturers that have not yet completed the required retailer notifications should do so as soon as possible to ensure compliance.
2) Product Labeling and Battery Chemistry Information
Beginning January 1, 2026, covered battery-embedded products must:
• Be labeled with the name of the manufacturer or the manufacturer’s brand; and
• Either:
o be labeled with information identifying the chemistry of the embedded battery, or
o have that information clearly available on the manufacturer’s website.
3) Annual Manufacturer Reporting
On or before July 1, 2027, and annually thereafter, manufacturers of covered battery-embedded products must submit an annual Manufacturer Report to CalRecycle covering the previous calendar year. The report will include information such as:
• General manufacturer information
• Sales data for covered products in California
• Embedded battery chemistry
• Recycled content information
• List of retailers notified
• Consumer information and manufacturer certification
CalRecycle will provide specific forms and instructions for these reports.
Practical Steps for ASA Manufacturers
ASA recommends that affected manufacturers consider the following steps:
1) Inventory potentially affected products
Identify all products you manufacture that:
• Contain rechargeable or non-removable batteries, and
• Are sold into California (directly or through distributors/retailers).
For ASA members, this may include certain marine electronics (e.g., fish finders, chartplotters, sonar units, trolling motor controllers), electronic fish scales, rechargeable lights and headlamps, wearable or handheld electronics, and other devices with built-in batteries.
2) Assess whether each product is “covered” or exempt.
For each potentially affected product, determine:
• Can the end user easily remove the battery with commonly used household tools?
• If not, does the product fall into one of the statutory exemptions (e.g., certain medical devices, certain energy storage systems, electronic nicotine delivery systems, or already-covered video display devices)?
Document your analysis and keep it on file.
3) Prepare and send the required retailer notice.
If you determine you manufacture covered battery-embedded products:
Use CalRecycle’s optional retailer notification template (or your own format that covers all required fields) to identify:
• All covered battery-embedded products (by brand and model number), and any products you have determined are exempt.
• Send the notice to all retailers selling those products in California, and
• Email a copy to CEDManufacturers@calrecycle.ca.gov.
4) Coordinate with distributors and retail partners.
Make sure your distributors, sales reps, and retailers understand:
• Which products you have identified as covered or exempt; and
• That covered products will be subject to a state battery-embedded waste recycling fee.
5) Plan for labeling and data tracking.
• Review your packaging and product markings to ensure you can add the required manufacturer and battery-chemistry information for covered products by January 1, 2026.
• Update internal systems to track the information needed for the annual Manufacturer Report (sales into California, battery chemistry, recycled content, list of retailers notified, etc.).
6) Stay informed on CalRecycle rulemakings and guidance.
• Monitor CalRecycle’s SB 1215 implementation page and manufacturer information page for updates.
• Consider subscribing to CalRecycle’s e-waste updates email list.
Key Resources
Manufacturers should carefully review the following resources and consult with legal counsel or compliance experts as needed:
• CalRecycle — Manufacturer Information page
• Senate Bill 1215 (Covered Battery-Embedded Products) overview & timeline
• Statutory Text (bill & legislative counsel’s digest):
CalRecycle Contact Information:
For questions about manufacturer obligations under the Covered Electronic Waste Recycling Program, including covered battery-embedded products: CEDManufacturers@calrecycle.ca.gov
For general embedded battery inquiries: EmbeddedBatteries@calrecycle.ca.gov
Here to Help You Manage California’s E-Waste Regulations
ASA will continue to monitor implementation of SB 1215 and related regulations and will share additional information with members as it becomes available. In the meantime, we encourage manufacturers who sell battery-embedded products into California to begin their internal review and retailer notification planning as soon as possible.
For more information, contact ASA Vice President of Government Affairs Mike Leonard.
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