New York City Cracks Down on Illegal Lithium Battery Businesses, Repeat Offenders to be Forced to Close

New York City Mayor Adams announced on October 9 that they will strengthen the crackdown on uncertified lithium-ion batteries based on the recently enacted new law. Any physical retail entity that repeatedly violates regulations will be subject to mandatory closure or shutdown to protect the safety of the public’s lives and property.

Adam, along with City Council Speaker Adrienne Adams and other relevant city officials, held a press conference on the same day to announce this enhanced crackdown action. According to the recently enacted local laws No. 49 and No. 50 of 2024, which build upon the foundation of local law No. 39 of 2023, heavier penalties will be imposed on businesses illegally selling uncertified battery-powered micro mobile devices (including e-bikes, electric scooters, etc., and the lithium-ion batteries used in these devices), with enforcement powers granted to both the Department of Consumer and Worker Protection (DCWP) and the Fire Department.

For retail entities selling uncertified devices, the maximum fine for each device type has been increased to $2,000, and physical retail entities with three repeated violations within three years can be subjected to mandatory closure or shutdown by the DCWP and the Fire Department. Retailers are also required to keep detailed records of the safety certifications of the devices they sell, or face a maximum fine of $500 for each violation.

The new law also mandates that physical and online retailers must publicly post the latest fire safety information guide to educate consumers on understanding safety certifications, safe storage of devices, and charging. Failure to post the guide as required can result in a maximum fine of $350 for each violation.

Since the enactment of local law No. 39 of 2023 on September 16 of last year, which banned the sale of uncertified micro mobile devices, the DCWP has conducted over 650 inspections of physical retail entities, cracking down on over 275 violations. The Fire Department’s Electronic Safety Task Force has also issued 40 cease and desist letters to online retailers and cracked down on over 25 violations. The DCWP has conducted multiple rounds of regulatory education activities for over 500 physical and online retailers.