What Changed

Wisconsin enacted 2025 Act 170 on April 2, 2026, creating a mandatory battery stewardship program for covered batteries sold in the state. Producers must join a state-approved battery stewardship organization (BSO) and fund a statewide collection and recycling program. The first compliance deadline is Jan. 1, 2027. Lead-acid batteries are explicitly excluded.

Does This Apply to Your Products?

You are a producer under this law if you sell or distribute covered batteries or battery-containing products in Wisconsin and are any of the following:

• A manufacturer selling products under your own brand
• A retailer that owns the brand under which the battery or product is sold (e.g., a store-brand battery)
• A brand licensee or trademark holder for covered batteries or battery-containing products
• An importer of record, if none of the above apply to anyone within the United States

  Covered batteries include:

• Portable batteries: rechargeable batteries up to 11 lbs and 300 Wh, or single-use (primary) batteries up to 4.4 lbs
• Medium-format batteries: rechargeable batteries between 11-25 lbs or 300-2,000 Wh; or single-use batteries between 4.4-25 lbs

  The battery must be designed or capable of being easily removed from the product using common household tools.

  Excluded batteries (no compliance obligation):

• Lead-acid batteries (including automotive starter batteries)
• Batteries containing liquid electrolyte
• Alkaline batteries
• Batteries not designed or intended to be easily removed from the product
• Medical device batteries not designed or marketed for retail sale

  Pure retailers selling covered batteries under someone else's brand are not producers and are not subject to penalties. Retailers who own a private-label battery brand have producer obligations.

  Key Compliance Deadlines

  Jan. 1, 2027 -- Producer Designation and Battery Marking (Action Required Now)

  By this date, producers must:

• Designate a BSO that has submitted a plan to the Wisconsin DNR for approval. A producer may contract this obligation to another producer that is already a member of a qualifying BSO.
• Mark covered batteries with the producer's identification. (Exception: batteries under 0.5 inches in diameter or length.)

Producers who have not designated a BSO with a DNR-approved plan cannot legally sell or distribute covered batteries in Wisconsin after this date.

Jan. 1, 2028 -- Disposal Prohibition

Covered batteries may not be disposed of in landfills, mixed with regular recyclables or municipal waste, or burned. They must be delivered to a BSO-operated collection site or collection event.

Jan. 1, 2029 -- Chemistry Labeling

Covered batteries must be marked to identify battery chemistry and indicate that the battery should not be disposed of as household waste.

Dec. 31, 2028 -- Collection Site Density Requirements

BSOs must have at least one permanent collection site within a 15-mile radius of 95% of Wisconsin residents (portable batteries) and at least 10 permanent sites statewide (medium-format batteries).

Battery Stewardship Organizations: Current Status 

The Wisconsin DNR has not yet approved any battery stewardship organizations. BSO plans are not due to DNR until January 1, 2027, and DNR has 120 days to review each plan after submission. Producers need to initiate contact with a BSO now to be positioned for compliance when plan approvals are issued.

The Battery Network (formerly Call2Recycle) is the most established national BSO operating mandatory stewardship programs in Illinois and other states, with an existing voluntary presence in Wisconsin. The Wisconsin DNR's battery recycling page already references The Battery Network as a collection resource.

The DNR will maintain a public list of approved BSOs at dnr.wisconsin.gov/topic/Recycling/batteries.html once approvals are issued.

Cost and Fee Structure

BSOs are funded by fees collected from participating producers. Fees must reflect actual program costs. Point-of-sale fees to consumers are prohibited. BSOs pay a $75,000 plan approval fee to DNR and $75,000 annually thereafter.

Immediate Action Steps

If You Are a Producer (Manufacturer, Brand Owner, Importer)

• Determine scope. Audit your product lines against the covered battery definitions above. Products containing covered batteries (portable jump starters, power packs, battery-powered tools, etc.) are in scope even if the battery is not sold standalone.
• Contact The Battery Network now. Reach them at batterynetwork.org to begin the BSO membership and designation process ahead of the Jan. 1, 2027 deadline.
• Review battery labeling. Producer ID marking is required by Jan. 1, 2027. Chemistry marking is required by Jan. 1, 2029. Build both into product planning now.
• Engage legal and compliance teams. The law covers products containing or packaged with covered batteries, not only standalone batteries.
  
  

  If You Are a Retailer

• Retailers selling covered batteries under third-party brands are not producers and are not subject to penalties.
• Retailers who own store-brand or private-label batteries have producer obligations -- see above.
• Watch for producer ID marking on covered batteries supplied by your vendors starting Jan. 1, 2027. Non-compliant products may create supply chain disruption.
• Retailers may voluntarily serve as BSO collection sites. If you meet the BSO's criteria and request to participate, the BSO must accept you.

  Key Resources

• Wisconsin Act 170 -- Full Text: docs.legis.wisconsin.gov/2025/related/acts/170
• Wisconsin Legislative Council Act Memo: docs.legis.wisconsin.gov/2025/related/lcactmemo/act170
• Wisconsin DNR Battery Recycling Page (approved BSO list posted here once available): dnr.wisconsin.gov/topic/Recycling/batteries.html
• The Battery Network -- Producer Membership and BSO Information: batterynetwork.org
• Auto Care Association Government Affairs: GovernmentAffairs@autocare.org

Questions?

Wisconsin DNR battery guidance: dnr.wisconsin.gov/topic/Recycling/batteries.html Contact Auto Care Association Government Affairs: GovernmentAffairs@autocare.org

This is presented for informational purposes and is not legal advice. Please consult counsel regarding your obligations.