8. Do the 2003 United Nations Lithium battery transportation requirements affect me?
On January 1, 2003, new United Nations requirements, articulated by IATA in its Dangerous Goods Regulations, became effective regarding the transportation of Lithium batteries.

The IATA regulations apply to all air shipments of Lithium batteries and products containing Lithium batteries. There are provisions requiring certain marking, labeling, packaging, and communication documents with each shipment.

All Rayovac Lithium products are shipped in compliance with these regulations.

The regulations also require destructive testing of each type of Lithium battery to make a further determination of the proper shipping classification. The tests must be completed and determinations made by December 31, 2004 for the forms of Lithium batteries produced prior to January 1, 2003. All new forms of Lithium batteries manufactured after January 1, 2003 must have the testing and determination completed before the first product shipments.

Rayovac will complete required testing on our products prior to the 2004 deadline and inform our customers of the results.

NEW Lithium BATTERY TRANSPORTATION REQUIREMENTS

On January 1, 2003, new United Nations requirements, articulated by IATA in its Dangerous Goods Regulations, became effective the transportation of Lithium primary and rechargeable batteries became effective. The new rules can be found in the publication titled “IATA Dangerous Goods Regulations”, 44th edition (“IATA DGR”). These regulations apply primarily to international air transportation situations. There are two significant aspects to the rule, some that apply only to Lithium batteries containing amounts of metallic or “equivalent” Lithium over a specified threshold, and some that apply to all Lithium batteries.

In general, the Lithium battery shipping classification guidance is found in the “Identification” section (4), on page 205, of the “IATA DGR”.

The UN identification number 3090 (column A), is followed by a proper shipping name “Lithium Batteries” (in column B). It is important to note the small “sword” marker after the proper name because it is an indicator of an important description of the item, found in appendix A, on page 691 of the “IATA DGR”. Following the “Name” (in column B) is a variety of alphabetically marked columns of information. Column “M” contains SP items (Special Provisions) that directly apply to Lithium batteries, specifically Special Provisions A45, A89, and A99, which can be found on page 299 and 302 of the “IATA DGR”. These provisions are the heart of the transportation decisions and requirements you need to know when shipping Lithium batteries.

Special Provision A45 itemizes the principle set of criteria applied to Rayovac Lithium Batteries for both Rayovac shipments and those of an OEM customer or re-shipper of equipment containing Lithium batteries. OEM customers should please note provision A48, found on page 300 of the “IATA DGR”.

A45 lists the quantity of Lithium (items A and B of the Provision) that must be present in each battery to automatically trigger a “UN3090, Class 9, hazardous materials” classification of the shipment.

All Rayovac batteries supplied at this time contain less than the regulated quantity of Lithium per battery, therefore Rayovac Lithium batteries are not automatically “Class 9”.

Irrespective of being below the content restriction criteria found in A and B of the Provision, all Lithium battery shipments from Rayovac to its customers are subject to the packaging, labeling, marking, communication, and product testing requirements listed in A45 and Packaging Instruction 903, found on page 499 of the “IATA DGR”.

OEM’s and other customers of Rayovac products who may incorporate our Lithium batteries into their products are subject to Special Provision A45 items (C) and (D) that relate to product testing and general packaging requirements. Precaution: Please note Special Provision A48 relating to Lithium batteries securely installed in equipment. Also note Packaging Instructions 912 and 918, found on page 512 and 529 of the “IATA DGR” , regarding Lithium batteries securely installed in equipment and Lithium batteries packaged with equipment, respectively. These regulations differ from those relating to Lithium batteries only!

Although the regulation was effective 1-01-03, the testing Provision for Lithium batteries currently manufactured and distributed by Rayovac, is required to be completed prior to December 31, 2004. Any new types of Lithium batteries, first manufactured after January 1, 2003 will be tested prior to first shipment for compliance.

Rayovac will complete the bank of tests for each covered product within the required time frame and supply the results to our customers along with customer support. In the event a Lithium battery fails the tests, we will notify our customers and, upon request, provide general (non-legal) assistance to help them determine their shipping obligations.

If you have a question or comment, please e-mail Spectrum Brands EHS Department. You may also dial 1-800-237-7000 within the USA, or 608-275-3340 if outside the USA.