Title 38, §1661-C: Restrictions on sale and use of mercury

http://www.mainelegislature.org/legis/statutes/38/title38sec1661-c.html [4/25/2011 12:49:07 PM] 

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# Maine Revised Statutes Title 38: WATERS AND NAVIGATION Chapter 16-B: MERCURY-ADDED PRODUCTS AND

SERVICES HEADING: PL 1999, C. 779, §2 (NEW)
§1661-C. Restrictions on sale and use of mercury

1. Fever thermometers.
[ 2009, c. 501, §18 (RP) .] 

### 2. Manometers.
[ 2009, c. 501, §19 (RP) .] 

### 3. Schools. Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary or secondary classroom in the State. Manufacturers of such materials shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. Mercury-added products used by schools are not subject to this ban.
[ 2001, c. 373, §3 (NEW) .] 

### 4. Elemental mercury. Effective January 1, 2002, a person may not sell or provide elemental mercury to another person except for manufacturing or recycling purposes without providing that person with a material safety data sheet, as defined in 42 United States Code, Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser or recipient:
A. Will use the mercury only for medical, dental amalgam dispose-caps or research purposes; [ 2003, c. 551, §18 (AMD) .] 

### B. Understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and [ 2001, c. 373, §3 (NEW) .] 

### C. Will not place or allow anyone under the purchaser's control to place or cause to be placed the mercury in solid waste for disposal or in a wastewater treatment and disposal system. [ 2001, c. 373, §3 (NEW) .] [ 2003, c. 551, §18 (AMD) .] 

### 5. Mercury-added thermostats.
[ 2009, c. 277, §2 (RP) .] 

### 6. Instruments and measuring devices. Effective July 1, 2006, a person may not sell or offer to sell or distribute the following mercury-added products:
A. A barometer; [ 2003, c. 221, §4 (NEW) .] 

### B. An esophageal dilator, bougie tube or gastrointestinal tube; [ 2003, c. 221, §4 (NEW) .] 

### C. A flow meter; [ 2003, c. 221, §4 (NEW) .] 

### D. A hydrometer; [ 2003, c. 221, §4 (NEW) .] 

### E. A hygrometer or psychrometer; [ 2003, c. 221, §4 (NEW) .] 

### F. A manometer ; [ 2009, c. 501, §20 (AMD) .] 

### G. A pyrometer; [ 2003, c. 221, §4 (NEW) .]Title 38, §1661-C: Restrictions on sale and use of mercury

http://www.mainelegislature.org/legis/statutes/38/title38sec1661-c.html [4/25/2011 12:49:07 PM] 

### H. A sphygmomanometer; or [ 2003, c. 221, §4 (NEW) .] 

### I. A thermometer . [ 2009, c. 501, §21 (AMD) .] 

### This subsection does not apply to the sale of a mercury-added product listed inparagraphs A to I if use of the product is a federal requirement or if the only mercuryadded component in the product is a button cell battery.
[ 2009, c. 501, §§20, 21 (AMD) .] 

### 7. Mercury switches and relays. Effective July 1, 2006, a person may not sell or offer to sell or distribute a mercury switch or mercury relay individually or as a product component. This prohibition does not apply if the switch or relay is used to replace a switch or relay that is a component in a larger product in use prior to July 1, 2006 and one of the following applies:
A. The larger product is used in manufacturing; or [ 2003, c. 221, §4 (NEW) .] 

### B. The switch or relay is integrated and not physically separate from other components of the larger product. [ 2003, c. 221, §4 (NEW) .] 

### This subsection does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is a federal requirement.
[ 2003, c. 221, §4 (NEW) .] 

### 8. Exemptions. Subsections 6 and 7 do not apply to the sale of a mercury-added product for which an exemption is obtained under this subsection. The manufacturer or user of the product may apply for an exemption by filing a written petition with the commissioner. The commissioner may grant an exemption with or without conditions upon finding that:
A. The exemption is requested because the mercury-added product is required to meet specific advanced technology product specifications identified by the customer or end user of the product; or [ 2003, c. 221, §4 (NEW) .] 

### B. The mercury-added product is reasonable and appropriate for a specific use. In this situation, the petitioner must demonstrate that: (1) A system exists for the proper collection, transportation and processing of the product at the end of its life; and (2) O ne of the following applies: (a) Use of the product provides a net benefit to the environment, public health or public safety when compared to available nonmercury alternatives; or (b) Technically feasible nonmercury alternatives are not available at comparable cost. [ 2003, c. 221, §4 (NEW) .] 

### Prior to approving an exemption, the commissioner may consult with neighboring states, by means of the interstate clearinghouse under section 1671 or otherwise, to promote consistency in the way in which mercury-added products are regulated. The commissioner may request individuals receiving an exemption to maintain records and provide reasonable reports to the department that characterize mercury use. Exemptions may be granted for a term not to exceed 5 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of this subsection and the manufacturer or other persons comply with the conditions of its original approval. The board shall adopt rules for processing exemption applications that provide for public participation, taking into account the role of the interstate clearinghouse. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.Title 38, §1661-C: Restrictions on sale and use of mercury

http://www.mainelegislature.org/legis/statutes/38/title38sec1661-c.html [4/25/2011 12:49:07 PM] [ 2003, c. 221, §4 (NEW) .] 

### 9. Button cell batteries. This subsection governs the sale of mercury-added button cell batteries.
A. After June 30, 2011, a person may not sell or offer to sell or distribute for promotional purposes a mercury-added button cell battery identified in this paragraph or a product that contains a mercury-added button cell battery identified in this paragraph: (1) A zinc-air button cell battery; (2) An alkaline manganese button cell battery; or (3) A silver oxide button cell battery stamped with the designation 357, 364, 371, 377, 395, S R44W, S R 621SW, S R 626SW, S R 920SW or S R 927SW or a silver oxide button cell battery that is interchangeable with a battery that is stamped with one of those designations; and [ 2009, c. 501, §22 (AMD) .] 

### B. After January 1, 2015, a person may not sell or offer to sell or distribute for promotional purposes a silver oxide mercury-added button cell battery or a product that contains a silver oxide mercury-added button cell battery. [ 2009, c. 86, §1 (NEW) .] [ 2009, c. 501, §22 (AMD) .] 

### 10. Sale of used products. Subsections 6 and 7 do not apply to the sale of used products.
[ 2007, c. 98, §1 (NEW) .]

SECTION HISTORY 2001, c. 373, §3 (NEW)

. 2001, c. 620, §1 (AMD)

. 2003, c. 221, §§3,4 (AMD)

. 2003, c. 551, §18 (AMD)

. 2005, c. 509, §2 (AMD)

. 2007, c. 98, §1 (AMD)

. 2009, c. 86, §1 (AMD)

. 2009, c. 277, §2 (AMD)

. 2009, c. 501, §§18-22 (AMD)

. Data for this page extracted on 02/09/2011 10:25:57. 

### The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney. Office of the Revisor of Statutes 7 State House Station State House Room 108 Augusta, Maine 04333-0007