California’s cannabis industry—and all retailers and manufacturers selling vaping devices—should be preparing for a significant shift: the arrival of battery Extended Producer Responsibility (EPR) regulations under AB 2440. By 2027, virtually all disposable and rechargeable vape devices with embedded batteries will have new collection, fee, and labeling obligations under the Responsible Battery Recycling Act of 2022.
This article unpacks what AB 2440 requires, the compliance timelines, and the critical steps cannabis businesses must take to stay ahead of the curve.
What Is AB 2440? A New EPR Era for Batteries
AB 2440—the Responsible Battery Recycling Act of 2022—ushers California into a new producer-funded EPR model for managing batteries and battery-embedded products. This law will repeal the state’s existing Rechargeable Battery Recycling Act as of January 1, 2027, and require product stewardship, fee funding, and new obligations for responsible end-of-life management.
Key points:
- Disposable and rechargeable vape devices, along with battery-containing electronics, are likely covered products.
- The program mandates funding from producers (manufacturers, OEMs, importers, and certain retailers of private-label products) to support battery collection and recycling.
- CalRecycle (California’s Department of Resources Recycling and Recovery) will manage fee setting, stewardship plan approvals, and enforcement.
Read more about AB 2440 at CalRecycle
Which Products Are Covered: Vape Devices in the Crosshairs
Battery-embedded products are broadly defined under AB 2440 to include any product containing a battery that is not designed to be easily removed by the user. For the cannabis and vape sector, this sweeps in:
- Disposable vape pens
- Reusable/rechargeable vape devices with integrated batteries
- Battery-embedded cartridges (where batteries cannot be detached)
Standalone rechargeable batteries and any product with a removable battery may fall under adjacent or legacy regulations—but the new rules focus on devices with non-removable (embedded) batteries.
Who Is the “Producer”? Defining Compliance Roles
Producer is defined in AB 2440 as the:
- Original Equipment Manufacturer (OEM) who sells under its own brand
- Importer or entity selling under its own brand (for products made elsewhere)
- In some cases, private-label retailers or distributors
Cannabis brands and retailers commissioning white-label vapes, as well as those importing or rebranding vape hardware, may be classified as producers. Legal liability and reporting requirements flow to these parties for:
- Registering with CalRecycle
- Paying EPR-related fees
- Participating in or funding a stewardship program for collection and recycling
Compliance Timeline: Key 2025–2027 Dates for Battery-Embedded Vape Devices
Stakeholders must carefully track milestones as AB 2440 ramps up:
- July 1, 2025: Producers must annually notify CalRecycle and California retailers with a list of covered and exempt products.
- October 1, 2025: CalRecycle establishes the battery-embedded product recycling fee, which will apply to vape devices at retail (see official CalRecycle guidance).
- April 1, 2026: Collection and recycling programs begin; payment claims for recycling of covered products can be submitted.
- September 30, 2026: Legacy Rechargeable Battery Recycling Act of 2006 becomes inoperative.
- January 1, 2027: AB 2440’s EPR regime is fully in force—collection, take-back, labeling, and stewardship plan requirements become active. Distributors and retailers must offer on-site or in-store take-back as part of a statewide system.
- August 1, 2026 and Beyond: CalRecycle may annually adjust recycling fees based on the program’s progress and needs.
Producer and Retailer Requirements: Fees, Labeling, and Collection
Cannabis businesses—including vape brands, private-label importers, and dispensaries—face new obligations:
Fee Payments
- Producers will be assessed a recycling fee per covered product, to be remitted to CalRecycle. This fee, set by CalRecycle in October 2025, will affect the retail price of vape devices.
- Fees fund safe collection, transportation, and environmentally responsible recycling/disposal of embedded batteries.
Labeling Requirements
- All covered products must have compliant labeling indicating battery presence, safe disposal instructions, and participation in the stewardship program.
- Labeling guides will be finalized by CalRecycle during rulemaking—early adaptation to compliant packaging is recommended.
Take-Back and In-Store Collection Obligations
- As of January 1, 2027, dispensaries and retailers selling vape products with embedded batteries must provide take-back or collection for used products, as part of an approved stewardship plan.
- Collection sites must comply with hazardous waste and fire code regulations, minimizing risk from lithium ion batteries.
- Retailers may partner with stewardship organizations or third-party logistics providers to manage compliance.
Stewardship Plan Participation
- Producers must join a stewardship organization or submit their own plan for collection, recycling, and public awareness.
- CalRecycle will approve and monitor these plans to ensure statewide coverage and accessibility.
Official rulemaking updates and participation details can be tracked via CalRecycle’s Battery-Embedded Product EPR page.
Special Considerations for Cannabis and Vape Businesses
Vape devices pose unique challenges due to their merge of electronic, toxic, and combustible battery waste. Compliance tips:
- Hazardous Waste Handling: Embedded batteries must be managed as universal or hazardous waste at collection, requiring employee training and secure storage.
- Fire Risk: All collection bins must meet local fire code, with careful placement to avoid hazards.
- Vendor Management: Work closely with vape device suppliers to ensure upstream compliance—non-compliant brands may be barred from California retail.
- Retail Coordination: Prepare for on-site collection logistics—if you operate a dispensary, assign space and staff for take-back as early as Q4 2026.
- Consumer Education: Update point-of-sale and digital communications to inform customers of safe disposal pathways for vape products, as misinformation can lead to improper disposal penalties.
Enforcement and Penalties: Why Early Action Matters
AB 2440 carries robust enforcement tools.
- CalRecycle may assess administrative penalties on non-compliant producers, retailers, and stewardship organizations.
- Products from non-compliant brands may be subject to sales bans in California, immediate public notices, and take-back orders.
- All enforcement actions will be published on CalRecycle’s website for transparency and market pressure.
- Ongoing compliance monitoring and reporting is mandated—do not expect a “set it and forget it” approach.
What’s Next? Rulemaking and Your Compliance Roadmap
CalRecycle’s rulemaking is ongoing through 2025. Stakeholders are encouraged to participate in workshops, submit input, and closely monitor developments. Vape and cannabis industry reps should:
- Subscribe for regulatory updates from CalRecycle (sign up here)
- Map current product lines to determine covered status
- Begin discussions with distribution partners on take-back logistics
- Budget for product redesign, labeling changes, and possible fee passthroughs
- Consider joining trade associations for collective stewardship participation
For regular rulemaking updates and resources, refer to:
Key Takeaways for Cannabis Businesses and Vape Retailers
- AB 2440 will disrupt the vape device retail and manufacturing landscape—plan for compliance before 2027.
- Fees, labeling, and take-back are the cornerstones of the new regime.
- Dispensaries, importers, and white-label brands must determine producer status and compliance obligations immediately.
- Early engagement and infrastructure planning are essential to avoid enforcement action or market loss in California’s massive cannabis sector.
- This is an evolving regulatory topic—watch for updates and be proactive about compliance support.
For the latest rulemaking news and hands-on compliance resources, use CannabisRegulations.ai to keep your business ahead of California’s AB 2440 battery EPR vape 2025 requirements.
