Frequent Questions

Consumer product exemption and batteries

A facility stores non-industrial batteries in its warehouse.  Must the facility report these batteries on their Tier II inventory form?

Section 311(e)(3) exempts "any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use for the general public."  If the non-industrial batteries stored at the facility’s warehouse are available for purchase or used by the general public, the facility does not need to report these batteries on their Tier II inventory form.  Because the public is generally familiar with the hazards posed by such materials, the disclosure of such substances is unnecessary for right-to-know purposes.  (October 15, 1987 Federal Register, 52 FR 38344).

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