Chapter 264


Enacted 07/09/11





     Introduced By: Senator James C. Sheehan

     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 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) 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.



LC02749/SUB A