Title 23
Health and Safety

Chapter 24.9
Mercury Reduction and Education Act

§ 23-24.9-6.1. Prohibition on fluorescent lamps.

(a) As used in this section, the following words shall have the following meanings:

(1) “Compact fluorescent lamp” means a compact low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:

(i) One base (endcap) of any type, including, but not limited to, screw, bayonet, two (2) pins, and four (4) pins;

(ii) Integrally ballasted or nonintegrally ballasted;

(iii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS);

(iv) All tube diameters and all tube lengths; and

(v) All lamp sizes and shapes for directional and nondirectional installations including, but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.

(2) “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet energy generated by the mercury discharge into visible light, and includes all of the following characteristics:

(i) Two (2) bases (endcaps) of any type, including single-pin, two (2)-pin, or recessed double contact;

(ii) Light emission between a correlated color temperature of 1700K and 24000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS);

(iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12;

(iv) All tube lengths from one-half (1/2) to eight (8.0) feet inclusive; and

(v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.

(b) On and after January 1, 2024, it shall be a violation of this section to offer for final sale, sell at final sale, or distribute in this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.

(c) On and after January 1, 2025, it shall be a violation of this section to offer for final sale, sell at final sale, or distribute in this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear fluorescent lamp.

(d) This section does not apply to the following:

(1) A lamp designed and marketed exclusively for image capture and projection, including:

(i) Photocopying;

(ii) Printing, directly or in preprocessing;

(iii) Lithography;

(iv) Film and video projection; and

(v) Holography.

(2) A lamp that has a high proportion of ultraviolet light emission and is one of the following:

(i) A lamp with high ultraviolet content that has ultraviolet power greater than two (2) milliwatts per kilolumen (mW/klm);

(ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak radiation of approximately two hundred fifty-three and seven-tenths (253.7) nanometers;

(iii) A lamp designed and marketed exclusively for disinfection or fly trapping from which either the radiation power emitted between two hundred fifty (250) and three hundred fifteen (315) nanometers represents at least five percent (5%) of, or the radiation power emitted between three hundred fifteen (315) and four hundred (400) nanometers represents at least twenty percent (20%) of, the total radiation power emitted between two hundred fifty (250) and eight hundred (800) nanometers;

(iv) A lamp designed and marketed exclusively for the generation of ozone where the primary purpose is to emit radiation at approximately one hundred eighty-five and one-tenth (185.1) nanometers;

(v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from which the radiation power emitted between four hundred (400) and four hundred eighty (480) nanometers represents at least forty percent (40%) of the total radiation power emitted between two hundred fifty (250) and eight hundred (800) nanometers;

(vi) Any ultraviolet lamp designed and marketed exclusively for use in a sunlamp product, as defined as a phototherapy product in subchapter J of title 21 of the Code of Federal Regulations, as in effect on June 22, 2023.

(3) A lamp designed and marketed exclusively for use in medical or veterinary diagnosis or treatment, or in a medical device.

(4) A lamp designed and marketed exclusively for use in the manufacturing or quality control of pharmaceutical products.

(5) A lamp designed and marketed exclusively for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process monitoring, or environmental monitoring.

(6) A lamp used by academic and research institutions for conducting research projects and experiments.

(7) A compact fluorescent lamp used to replace a lamp in a motor vehicle manufactured on or before January 1, 2020.

(e)(1) The department may cause periodic inspections to be made of distributors or retailers in order to determine compliance with the provisions of this section. The department shall investigate complaints received concerning violations of this section.

(2) If the department finds that any person has committed a violation of any provision of this section, the department shall issue a warning to such person. Any person who commits a violation after the issuance of such warning and any further violations committed by such person shall be subject to a civil penalty pursuant to the provisions of § 23-24.9-16. Each lamp offered, sold, or distributed in violation of subsection (b) of this section shall constitute a separate violation, each violation shall constitute a separate offense, and each day that such violation occurs shall constitute a separate offense.

(3) If the department finds repeated violations have occurred, it shall report the results of such violations to the attorney general. The attorney general may institute proceedings to seek an injunction in superior court to enforce the provisions of this section.

(4) The department may adopt such further regulations as necessary to ensure the proper implementation and enforcement of the provisions of this section.