Chapter 387

2007 -- H 6396 SUBSTITUTE A

Enacted 07/07/07

A N A C T

RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION ACT

Introduced By: Representatives Ginaitt, Walsh, and Naughton

Date Introduced: May 16, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-24.9-6 and 23-24.9-7 of the General Laws in Chapter 23-24.9

entitled "Mercury Reduction and Education Act" is hereby amended to read as follows:

23-24.9-6. Restrictions on the sale of certain mercury-added products. -- (a) No later

than January 1, 2003, no mercury-added novelty shall be offered for final sale or use or

distributed for promotional purposes in Rhode Island. Manufacturers that produce and sell

mercury-added novelties must notify retailers about the provisions of this product ban and how to

dispose of the remaining inventory properly. The requirements of this section shall apply to all

mercury-added novelties irrespective of whether or not the product is exempt from the phase-out

requirements of section 23-24.9-11.

      (b) No mercury fever thermometer may be distributed, sold or offered for sale in this

state on or after January 1, 2002, except by prescription. As used in this section, the term

"mercury fever thermometer" includes any device containing mercury in which the mercury is

used to measure the internal body temperature of a person. This restriction shall not apply to

digital thermometers utilizing mercury-added button cell batteries. The manufacturers of mercury

fever thermometers shall supply clear instructions on the careful handling of the thermometer to

avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers

sold through prescription. Mercury fever thermometers manufacturers must also comply with

sections 23-24.9-5 and 23-24.9-7 -- 23-24.9-10.

      (c) After January 1, 2003, no school in Rhode Island may use or purchase for use in a

primary or secondary classroom, bulk elemental or chemical mercury, or mercury compounds.

Manufacturers that produce and sell such materials must notify retailers about the provisions of

this ban and how to dispose of the remaining inventory properly. Other mercury-added products

that are used by schools are not subject to this prohibition.

      (d) This ban on sale, use or distribution shall not apply to a novelty incorporating one or

more mercury-added button cell batteries as its only mercury-added component or components.

Button cell batteries. After June 30, 2011 a person may not sell or offer to sell or distribute for

promotional purposes a mercury-added cell battery for consumer use or a product for consumer

use that contains a mercury-added button cell battery.

23-24.9-7. Phase-out and exemptions. -- (a) No mercury-added product shall be offered

for final sale or use or distributed for promotional purposes in Rhode Island if the mercury

content of the product exceeds:

      (1) One gram (1000 milligrams) for mercury-added fabricated products or two hundred

fifty (250) parts per million (ppm) for mercury-added formulated products, effective January 1,

2006;

      (2) One hundred (100) milligrams for mercury-added fabricated products or fifty (50)

parts per million (ppm) for mercury-added formulated products, effective July 1, 2007; and

      (3) Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per

million (ppm) for mercury-added formulated products, effective July 1, 2009.

      (b) For a product that contains one or more mercury-added products as a component, this

section is applicable to each component part or parts and not to the entire product. For example, if

an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.

      (c) For a product that contains more than one mercury-added product as a component,

the phase-out limits specified in subsection (a) of this section apply to each component and not

the sum of the mercury in all of the components. For example, for a car that contains mercury-

added switches and lighting, the phase-out limits would apply to each component separately, and

not the combined total of mercury in all of the components.

      (d) (1) Fluorescent lamps and high intensity discharge (HID) lamps, including metal

halide, high pressure sodium, and mercury vapor types, shall be exempt from the requirements of

subsection (a) of this section. As of January 1, 2010, the mercury content of fluorescent bulbs

shall either not exceed ten (10) one hundred (100) milligrams or the manufacturer shall comply

with the exemption requirements pursuant to subsection (f) of this section.

      (2) Specialized lighting used in the entertainment industry, such as metal halide lights,

shall be exempted from the requirements of section 23-24.9-7(a).

(3) Mercury added button cell batteries and products containing mercury added button

cell batteries shall be exempted from the phase-out limits specified in subsection 23-24.9-7(a).

      (e) A mercury-added product shall be exempt from the limits on total mercury content

set forth in subsection (f) of this section if the level of mercury or mercury compounds contained

in the product are required in order to comply with federal or state health or safety requirements.

In order to claim exemption under this section, the manufacturer must notify the department, in

writing, and provide the legal justification for the claim of exemption. In addition, laboratory

chemical standards shall be exempted from the requirements of subsection (a) of this section.

      (f) Manufacturers of a mercury-added product may apply to the director for an

exemption for no more than five (5) years from the limits on total mercury content set forth in

subsection (a) of this section for a product or category of products. Applications for exemptions

must: (1) document the basis for the requested exemption or renewal of exemption; (2) describe

how the manufacturer will ensure that a system exists for the proper collection, transportation and

processing of the product(s) at the end of their useful life; and (3) document the readiness of all

necessary parties to perform as intended in the planned system.

      (g) The director may grant, with modifications or conditions, an exemption for a product

or category of products if he or she finds: (i) a system exists for the proper collection,

transportation and processing of the mercury-added product, including direct return of a waste

product to the manufacturer, an industry or trade group supported collection and recycling

system, or other similar private or public sector efforts; and (ii) he or she finds the following

criteria are met:

      (1) Use of the product is beneficial to the environment or protective of public health or

protective of public safety; and/or

      (2) There is no technically feasible alternative to the use of mercury in the product; and

      (3) There is no comparable non-mercury-added product available at reasonable cost.

      Prior to issuing an exemption, the director shall consult with neighboring states and

provinces and regional organizations to promote consistency. The state shall avoid, to the extent

feasible, inconsistencies in the implementation of this section. Upon reapplication by the

manufacturer and findings by the director of continued eligibility under the criteria of this

subsection and of compliance by the manufacturer with the conditions of the director's original

approval, an exemption may be renewed one or more times and each renewal may be for a period

of no longer than five (5) years.

     SECTION 2. This act shall take effect upon passage.

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LC02864/SUB A

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