California Covered Battery-Embedded (CBE) List

California Covered Battery-Embedded Products (CA CBE / SB 1215) Compliance & Fee Clause

Seller acknowledges and agrees that any products offered, sold, or shipped by Seller to customers in the State of California that contain an embedded battery and fall within the definition of a “Covered Battery-Embedded Product” (“CBEP”) are subject to California’s Electronic Waste Recycling Act as amended by Senate Bill 1215, and all implementing regulations, guidance, and requirements issued by the California Department of Resources Recycling and Recovery (“CalRecycle”) as may be amended from time to time (collectively, the “CA CBE Requirements”).

1. Scope Determination and Ongoing Compliance
   Seller is solely responsible for determining whether any of its products qualify as CBEPs or are exempt under applicable law, and Seller warrants that all CBEPs sold or shipped into California remain continuously compliant with the CA CEB Requirements.
2. Manufacturer Annual Notice (if applicable)
   If Seller is the manufacturer and/or brand owner of a CBEP, Seller shall, on or before July 1, 2025, and annually thereafter by July 1, provide an annual notice identifying, by brand and model number, (a) all CBEPs subject to the CA CEB Requirements and (b) all exempt battery-embedded products (if any) to (i) all California retailers selling such products and (ii) CalRecycle, in the manner required by law.
3. Covered Battery-Embedded Waste Recycling Fee
   California imposes a Covered Battery-Embedded (CBE) Waste Recycling Fee on retail sales of CBEPs for use in California. Beginning January 1, 2026, retailers must collect the CBE fee at the point of sale and remit it to CalRecycle. The current fee is 1.5% of the retail sales price per CBEP, capped at USD $15.00 per unit, subject to future adjustment by CalRecycle. Seller shall cooperate with the Platform/retailer in fee classification, product mapping, and provision of accurate product information necessary for fee calculation and collection.
4. Documentation and Audit Cooperation
   Upon request, Seller shall promptly provide the Platform with complete and accurate documentation reasonably necessary to demonstrate compliance with CA CEB Requirements, including but not limited to CBEP/exemption determinations, annual notice records (if applicable), and any other information required by CalRecycle.
5. Platform Remedies
   If any product is suspected or determined to be non-compliant with CA CEB Requirements, or Seller fails to provide required documentation or notices (if applicable), the Platform may, without liability, take any appropriate action, including removing or disabling listings, restricting sales or shipments into California, canceling orders, withholding funds, or limiting Seller account privileges.
6. Indemnity
   Seller shall be solely responsible for, and shall indemnify, defend, and hold harmless the Platform and its affiliates from and against any and all claims, penalties, assessments, recalls, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to Seller’s failure to comply with the CA CEB Requirements or Seller’s provision of inaccurate or incomplete information regarding CBEP status or fees.

Here is the list of current items that are on the Covered Battery-Embedded list and the subcategories whose templates have the Contains Embedded Battery field: