N.H. Rev. Stat. § 149-M:53 — NH Code / Title X / Chapter 149-M / Section 53
149-M:53 Restrictions on the Sale of Certain Mercury-Added Products.
Status: in_force

I. No later than one year after the effective date of this section, no toy, game, card, ornament, or mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in this state if the seller knows or has reason to know that the product contains mercury. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this section and how to dispose of the remaining inventory properly. II. Six months after the effective date of this section, a person shall not sell or supply mercury fever thermometers to consumers and patients, except by prescription. 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 prescriptions. III. As of the effective date of this section, no school in this state shall use or purchase for use in a primary or secondary classroom, elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate substitute exists which are used in school laboratories. IV. (a) Beginning January 1, 2008, the following mercury-added products shall not be sold, offered for sale, or distributed as a new manufactured product: (1) A barometer. (2) An esophageal dilator, bougie tube, or gastrointestinal tube. (3) A flow meter. (4) A hydrometer. (5) A hygrometer or psychrometer. (6) A manometer. (7) A pyrometer. (8) A sphygmomanometer. (9) A thermometer, except as provided in paragraph II. (b) This paragraph shall not apply if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery. V. (a) Beginning July 1, 2008, no person shall sell, offer for sale, or distribute a new manufactured mercury switch, mercury relay, or mercury-added thermostat individually or as a product component. This prohibition does not apply if the switch, relay, or thermostat is used to replace a switch, relay, or thermostat that is a component in a larger product in use prior to July 1, 2008 provided that no compatible non-mercury replacement component exists. (b) This paragraph does not apply to the sale of a mercury switch, relay, or thermostat if its use is a federal requirement. VI. The manufacturer or user of a product or products under paragraphs IV and V may apply to the department for an exemption by filing a written petition with the commissioner and submitting written notification to the regional clearinghouse. For products in production on the effective date of this program, the exemption request shall be received by November 1, 2007. For new products the exemption request shall be received 6 months prior to the date of sale. With agency approval an agent of the manufacturer, who may be a user, may apply for an exemption. The commissioner may grant an exemption with or without conditions upon finding that: (a) Reasonable efforts have been made to remove mercury from the product; and (b) One of the following applies: (1) Use of the product provides a net benefit to the environment, public health, or public safety when compared to available non-mercury alternatives; or (2) Technically feasible non-mercury alternatives are not available at a reasonable cost. VII. Prior to approving an exemption, the commissioner shall consult with the member states of the interstate clearinghouse established under RSA 149-M:56. The commissioner shall be as consistent as possible with the member states in granting exemptions. Exemptions shall be in effect for no less than 2 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of paragraph VI and the manufacturer or other persons comply with the conditions of its original approval. With department approval, an agent of the manufacturer may apply for the exemption renewal. VIII. Within 6 months of receiving an exemption, an applicant shall provide a written plan to the commissioner for the proper collection, transportation, and processing of the product at the end of its life.