A person may not sell, distribute, or offer for sale in this State a mercuric oxide battery unless:
(1) The person is a party to a plan approved by the Department under § 6-901 of this subtitle; or
(2) A retailer or seller has provided for the collection, recycling, or proper disposal of used mercuric oxide batteries through the sale to a refiner or a refiner’s agent and the retailer or seller has complied with any requirement established by the Department to implement § 6-901 of this subtitle.