2011 -- H 6241 SUBSTITUTE A
A N A C T
RELATING TO HEALTH AND SAFETY - MERCURY REDUCTION AND EDUCATION ACT
Introduced By: Representative Laurence W. Ehrhardt
Date Introduced: June 09, 2011
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-24.9-6 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
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
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) 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, except Hg-silver oxide
batteries may be offered for sale or distributed for promotional purposes until January 1, 2012.
(e) Commencing February 1, 2011, the following sales prohibitions shall apply to
manufacturers, thermostat wholesalers, and thermostat retailers:
(1) A manufacturer not in compliance with section 23-24.9-10.2, is prohibited from
offering any thermostat for final sale in the state, selling any thermostat at final sale in the state or
distributing any thermostat in the state.
(2) A thermostat wholesaler or contractor shall not offer for final sale, sell at final sale or
distribute any thermostat unless the wholesaler or contractor acts as a collection site for
thermostats that contain mercury:
(i) A wholesaler or contractor may meet the requirements of this subsection by
participating as a collection site in a manufacturer's collection program as described under section
23-24.9-10.2, or by collecting thermostats that contain mercury and managing the collected
thermostats in accordance with applicable federal and state universal waste rules.
(ii) A wholesaler or retailer acting as a collection site shall provide visible signage at the
site about the collection and recycling of mercury thermostats.
(3) A thermostat wholesaler or thermostat retailer shall not offer for final sale, sell at a
final sale, or distribute in this state any thermostat of a manufacturer that is not in compliance
with section 23-24.9-10.2.
SECTION 2. This act shall take effect upon passage.