General Provisions

V.S.A. tit. 10, ch. 168, subch. 6

in effect

10 V.S.A. § 7592 Confidentiality of submitted data

7592. Confidentiality of submitted data (a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection and copying, provided that: (1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under the Public Records Act. (2) The Secretary may publish information confidential under subdivision (1) of this subsection in a summary or aggregated form that does not directly or indirectly identify individual producers, battery stewards, distributors, or retailers. (b) Omission of trade secret information. The Secretary may require, as a part of a report submitted under this chapter, that the producer or battery stewardship organization submit a report that does not contain trade secret information and is available for public inspection and review. (c) Total weight of batteries. The total weight of batteries collected under an approved battery stewardship plan is not confidential business information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, and shall be subject to inspection and review under the Public Records Act, 1 V.S.A chapter 5, subchapter 3. Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.

10 V.S.A. § 7593 Antitrust; conduct authorized

7593. Antitrust; conduct authorized (a) Activity authorized. A producer, group of producers, or a battery stewardship organization implementing or participating in an approved battery stewardship plan under this chapter for the collection, transport, processing, and end-of-life management of primary batteries and rechargeable batteries is individually or jointly immune from liability for the conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer’s, group of producers’, or battery stewardship organization’s chosen system for managing discarded primary batteries and rechargeable batteries. This subsection shall also apply to conduct of a retailer or wholesaler participating in a producer or battery stewardship organization’s approved battery stewardship plan when the conduct is necessary to plan and implement the producer’s or battery stewardship organization’s organized collection or recycling system for discarded batteries. (b) Limitations on antitrust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of producers, retailers, wholesalers, or battery stewardship organizations affecting the price of primary batteries or rechargeable batteries or any agreement restricting the geographic area in which, or customers to whom, primary batteries or rechargeable batteries shall be sold. Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.

10 V.S.A. § 7594 Administrative fee

7594. Administrative fee (a) Fees assessed. A battery producer or battery stewardship organization shall pay a fee of $15,000.00 annually for operation under a battery stewardship plan approved by the Secretary under section 7586 of this title. (b) Disposition of fees. The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund under 3 V.S.A. § 2805. Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.

10 V.S.A. § 7595 Rulemaking; procedure

7595. Rulemaking; procedure The Secretary may adopt rules or procedures to implement the requirements of this chapter. Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/168Fetched: 10/21/2026