Cell Phone and Battery Recycling Laws in the US and Europe

With millions of new cell phones being bought every year, millions old phones are discarded, and the potential impact on the environment is substantial. In order to limit the damage to our environment, an increasing number of states and nations are passing laws concerning disposal or recycling of used cell phones and batteries.

Being familiar with these cell phone recycling regulations will help you keep pollutants out of the environment--while staying on the right side of the law. Here is an overview of the laws governing cell phone disposal and wireless recycling in different nations and states.

United States

California: California laws deal with cell phone and battery take-backs, trade-ins, and recycling.

The Rechargeable Battery Recycling Act (AB1125) took effect February 2006 and bans the public from disposing of small non-vehicular rechargeable batteries and single-use batteries. This law places the responsibility on the cell phone retailers to collect and recycle the types and brands of rechargeable batteries that they carry.

This act also mandates that manufacturers, distributors and retailers not charge the consumers for collecting batteries while keeping their recycling programs visible and well-advertised. To further help the battery collection and recycling, the system set up by the Rechargeable Battery Recycling Corporation (RBRC) should be used as a guide and the Department of Toxic Substances Control will monitor and report on the progress of this initiative annually.

The sister law to the AB1125 is the Cell Phone Recycling Act (AB2901), which deals with recycling cell phones and cell phone batteries. This bill mandates that retailers set up cell phone recycling programs covering cell phone trade ins, recycling, and collections at no charge to the consumer while also promoting education about the environmental benefits of cell phone recycling.

The law also prohibits non-compliant manufacturers from selling cell phones in California.

New York: In December 2005, the State of New York banned the disposal of all rechargeable batteries weighing less than 25lbs in municipal waste, including batteries sold in New York City on the internet, by phone or mail order.

On September 13, 2006 legislation S-8182-A passed requiring cell phone service providers in New York to notify customers with posted signs and to accept cell phones at no charge for recycling and proper disposal. Fines have been set for consumers, retailers and manufacturers who do not comply with the disposal ban.

Currently, the US does not have any national legislation on cell phone disposal. However, there are programs that allow individuals, businesses and organizations to properly and safely dispose of electronic waste for recycling and conservation.

European Union (EU)

The Waste Electric and Electronic Equipment (WEEE) Directive was developed for EU member states February 13, 2003 to develop their own regulations and terms by the 13^th of August 2004 based on principles of the extended producer responsibility (EPR). The EPR policy holds manufacturers responsible for the management of products that are at the end of their useful life. A major requirement of the EPR is for manufacturers to fund the collection, trade in, recycling or safe disposal of unused electronic products.

An addition to the WEEE, effective July 1^st 2006, the Restriction on Hazardous Substances (RoHS) Directive set a cap on the hazardous substances contained in electronic products (lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls, polybrominated diphenyl ethers).

A directive scheduled to be voted on in September 2008 covers the disposal of automotive, industrial and household batteries. This law, called the EU Battery Directive, calls for an increased commitment from the manufacturers to the greener production and disposal of batteries and equipments containing batteries.