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4.—(1) No person shall place on the market—
(a)a battery that contains more than 0.0005% of mercury by weight;
(b)a portable battery that contains more than 0.002% of cadmium by weight.
(2) The prohibition in paragraph (1)(a) shall not apply to a button cell with a mercury content of no more than 2% by weight.
(3) The prohibition in paragraph (1)(b) shall not apply to a portable battery intended for use in—
(a)emergency and alarm systems, including emergency lighting;
(b)medical equipment; or
(c)a cordless power tool.
(4) This regulation does not apply to a battery which is a component of a vehicle for the purposes of regulation 6 of the End-of-Life Vehicles Regulations 2003(1).
(5) In this regulation—
“portable battery” means any battery or battery pack which is—
can be hand-carried by an average natural person without difficulty, and
is neither an automotive battery nor an industrial battery;
“automotive battery” means any battery used for automotive starter, lighting or ignition power;
“industrial battery” means any battery or battery pack which is—
designed exclusively for industrial or professional uses,
used as a source of power for propulsion in an electric vehicle,
unsealed but is not an automotive battery, or
sealed but is not a portable battery;
“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose; and
“cordless power tool” means a hand-held appliance powered by a battery and intended for maintenance, construction or gardening activities.
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