Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly.



# *RCK086* 11262002MGF1319.RCK086 

### State of Arkansas 1 

### 84th General Assembly 

# A Bill 2 

### Regular Session, 2003 

### HOUSE BILL 1309 3

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### By: Representative Lendall 5

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## For An Act To Be Entitled 8

AN ACT TO REDUCE THE INCIDENCE OF MERCURY 9 POISONING IN ARKANSAS; AND FOR OTHER PURPOSES. 10

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## Subtitle 12

AN ACT TO REDUCE THE INCIDENCE OF 13

MERCURY POISONING. 14

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17

18 SECTION 1. Arkansas Code Title 15, Chapter 60, is amended to add an 19 additional subchapter to read as follows: 20

15-60-201. Title. 21 This act shall be known and may be cited as the "Mercury Poisoning 22

Reduction Act". 23

24 15-60-202. Findings and purpose. 25 (a) The General Assembly finds that: 26 (1) Mercury is a persistent and toxic pollutant that accumulates 27 in the environment; 28 (2) Accidental mercury spills, breakages, and releases have 29 occurred throughout the United States; 30 (3) Healthcare facilities, educational and research 31 institutions, and businesses have experienced significant employee exposures 32 and have incurred significant costs due to accidental mercury releases; 33 (4) Consumption of mercury-contaminated fish poses a significant 34 public health threat and, because of this threat, numerous states have issued 35 fish advisories; 36HB1309

2 11262002MGF1319.RCK086 (5) Studies have documented that exposure to elevated levels of 1 mercury in the environment over time has resulted in serious harm to humans 2 and fish-consuming wildlife; 3 (6) Several state programs have demonstrated that removal of 4 mercury-containing products from the waste stream prior to combustion is an 5 effective way to reduce mercury emissions from solid waste management 6 facilities; and 7 (7) Manufacturers of certain mercury-added products, such as 8 thermostats, have established successful "take back" programs for properly 9 managing the products at the end of their useful life; 10 (b) This act is intended to protect the health and welfare of citizens 11 by reducing mercury emissions through restrictions on the manufacture, sale, 12 and distribution of mercury containing goods, and the establishment of 13 effective state and local waste reduction, recycling, and management 14

programs. 15

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15-60-203. Definitions. 17

As used in this section: 18 (1) "Department" means the Arkansas Department of Environmental 19 Quality; 20 (2)(A) "Manufacturer" means any person, firm, corporation, or 21 governmental entity that produces a product containing mercury, or an 22 importer or domestic distributor of a product containing mercury, produced in 23 a foreign country. 24 (B)(i) In the case of a multi-component product containing 25 mercury the manufacturer is the last manufacturer to produce or assemble the 26 product. 27 (ii) If the multi-component product is produced in a 28 foreign country, the manufacturer is the importer or domestic distributor; 29 (3)(A) "Mercury-added novelty" means a mercury-added product intended 30 mainly for personal or household enjoyment or adornment; 31 (B) Mercury-added novelties include, but are not limited to, 32 items intended for use as practical jokes, figurines, adornments, toys, 33 games, cards, ornaments, yard statues and figures, candles, jewelry, holiday 34 decorations, and items of apparel, including footwear; 35 (4) "Mercury-added product" means a product that contains mercury or a 36HB1309

3 11262002MGF1319.RCK086 mercury compound intentionally added to the product; 1 (5) "Mercury fever thermometer" means a mercury-added product that is 2 used for measuring body temperature; and 3 (6) "Product containing mercury" means any product that contains 4 mercury or a mercury compound from any source or cause, whether intended or 5 unintended, including, but not limited to, a mercury-added product and a 6 product manufactured using mercury. 7

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15-60-204. Notification. 9 (a)(1) Six (6) months after the effective date of this subchapter, no 10 mercury-added product shall be offered for final sale, use, or distribution 11 for promotional purposes in this state without prior notification in writing 12 by the manufacturer of the product to the Arkansas Department of 13 Environmental Quality in accordance with the requirements of this subchapter. 14 (2) The notification shall include at least the following: 15 (A) A brief description of the product to be offered for 16 sale, use, or distribution; 17 (B) The amount of, and purpose for, mercury in each unit 18 of the product, reported as an exact number or average per product, with an 19 upper and lower limit unless waived by the department due to practical 20 considerations; and 21 (C) The name and address of the manufacturer, and the 22 name, address and telephone number of a contact person for the manufacturer. 23 (b)(1) With the approval of the department, the manufacturer may 24 supply the information required in subdivision (a)(2)(A) for a product 25 category rather than an individual product. 26 (2) The manufacturer shall update and revise the information in 27 the notification whenever there is significant change in the information, or 28 when requested by the department. 29 (3) The department may define and adopt specific requirements in 30 accordance with state law for the content and submission of the required 31

notification. 32 (c)(1) Any information furnished pursuant to the requirements of this 33 section, which, as certified by the manufacturer, relates to production or 34 sales figures, or to processes or production unique to the manufacturer, or 35 which would tend to affect adversely the competitive position of the 36HB1309

4 11262002MGF1319.RCK086 manufacturer, shall be only for the confidential use of the department and 1 the interstate clearinghouse in the administration of this section, unless 2 the manufacturer shall expressly agree to their publication or availability 3 to the public. 4 (2) The information may be used by the department and the 5 interstate clearinghouse in compiling or publishing analyses or summaries 6 relating to the amount and effect of mercury in products and the environment, 7 but the analyses or summaries shall not identify any manufacturer or reveal 8 any information otherwise confidential. 9 (d) This section does not apply to prescription drugs or any substance 10 that may be lawfully sold over the counter without a prescription under the 11 Federal Food, Drug and Cosmetic Act. 12

13 15-60-205. Restrictions on mercury distribution. 14 (a)(1) No later than one (1) year after the effective date of this 15 subchapter, no mercury-added novelty shall be offered for final sale or use, 16 or distributed for promotional purposes in this state if the seller knows or 17 has reason to know that the product contains mercury. 18 (2) Manufacturers that produce and sell mercury-added novelties 19 shall notify retailers about the provisions of this subchapter and about 20 methods for disposing of the remaining inventory properly. 21 (b)(1) Six (6) months after the effective date of this subchapter, a 22 person may not sell or supply mercury fever thermometers to consumers or 23 patients, except by prescription. 24 (2) The manufacturers of mercury fever thermometers shall supply 25 clear instructions on the careful handling of thermometers to avoid breakage 26 and proper cleanup, should a breakage occur. 27 (c) As of the effective date of this subchapter, no school in this 28 state shall use or purchase for use in a primary or secondary classroom, 29 elemental mercury, mercury compounds, or mercury-added instructional 30 equipment and materials, except measuring devices and thermometers that are 31 used in school laboratories, and for which no adequate substitute exists. 32 (d)(1) A manufacturer or wholesaler may not sell and a retailer may 33 not knowingly sell any of the items listed in subsection (a) of this section, 34 unless the item is labeled to clearly inform the purchaser or consumer that 35 mercury is present in the item and that the item may not be disposed of or 36HB1309

5 11262002MGF1319.RCK086 placed in a waste stream destined for disposal until the mercury is removed 1 and reused, recycled or otherwise managed to ensure that it does not become 2 part of solid waste or wastewater. 3 (2) The following items must be labeled if they contain mercury: 4 (A) A thermostat or thermometer; 5 (B) A switch, individually or as part of another product; 6 (C) A medical or scientific instrument; 7 (D) An electric relay or other electrical device; and 8 (E) A lamp or bulb. 9 (e) The Arkansas Department of Environmental Quality shall adopt rules 10 to establish standards for affixing labels, in compliance with federal law, 11 either to the product or to its package. 12 (f) As of the effective date of this subchapter, no person shall sell 13 or provide elemental mercury in this state without providing a material 14 safety data sheet, as defined in § 8-7-1003, and requiring the purchaser or 15 recipient to sign a statement that they: 16 (1) Use the mercury only for medical, dental amalgam dispose17 caps, research, or manufacturing purposes; 18 (2) Understand that mercury is toxic, and will store and use it 19 appropriately so that no person is exposed to the mercury; and 20 (3) Will not place or allow anyone under their control to place 21 the mercury or cause the mercury to be placed in solid waste for disposal or 22 in a wastewater disposal system. 23 (g)(1) The department shall develop, in consult with the Arkansas 24 State Board of Dental Examiners, a plan for reducing mercury pollution from 25 dental procedures. 26 (2) The department shall adopt rules by July 1, 2004, to 27 implement mandatory source reduction of mercury from dental procedures. 28

29 15-60-206. Proper disposal of mercury. 30 (a) After January 1, 2004, a person, retailer or manufacturer may not 31 knowingly dispose of a labeled mercury-added consumer product in a landfill, 32 incineration facility or other solid waste disposal facility. 33 (b)(1) Except as otherwise provided in this subchapter, a person, 34 retailer or manufacturer who disposes of solid waste within the state shall 35 separate labeled mercury-added consumer products from that solid waste. 36HB1309

6 11262002MGF1319.RCK086 (2) A contractor who replaces or removes labeled mercury-added 1 consumer products shall ensure the proper separation and disposal of any 2 discarded mercury-added consumer product. 3 (3) A person, retailer or manufacturer shall dispose of 4 separated mercury-added consumer products only as part of a collection 5 program established under this section. 6 (c)(1) By October 1, 2004, every municipal and regional association 7 solid waste disposal facility shall develop a program for the collection of 8 mercury-added consumer products. 9 (2) The program must ensure that mercury is removed from a 10 product and reused, recycled or otherwise managed. 11 (3) The program must include an informational effort to advise 12 the public about labeled mercury-added products. 13 (d)(1) A solid waste disposal facility shall implement a collection 14 program developed pursuant to this section by July 1, 2004. 15 (2) A manufacturer of a mercury-added consumer product listed in 16 § 15-60-105 shall establish and maintain a manufacturer-based reverse 17 distribution system for the proper collection, transportation and management 18 of the product from purchasers in this state, and clearly inform each 19 purchaser of the product of the available systems for proper collection and 20 disposal of the product. 21 (3) A manufacturer of a mercury-added consumer program may not 22 charge a fee for collecting and managing its products. 23

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15-60-207. Public education and outreach. 25 (a)(1) The Arkansas Department of Environmental Quality shall 26 implement a public education, outreach, and assistance program for 27 households, hazardous waste generators, local and regional solid waste 28 management agencies, dismantlers, institutions, and schools on the hazards of 29 mercury, the requirements and obligations of individuals, manufacturers, and 30 agencies under this subdivision, and voluntary efforts that individuals, 31 institutions, and businesses can undertake to help further reduce mercury in 32

the environment. 33 (2) The department shall cooperate with manufacturers of 34 mercury-added products and other affected businesses in the development and 35 implementation of public education and technical assistance programs. 36HB1309

7 11262002MGF1319.RCK086 (b)(1) The department shall assist municipalities and regional 1 associations in developing collection programs, and in disseminating 2 information for the public about labeled mercury-added products, the 3 requirements of the law regarding the source separation of waste mercury4 added products and the collection programs that are available to the public, 5 including any manufacturer-based reverse distribution system. 6 (2) A component of this information program shall be directed 7 specifically at large public and private institutions that use and discard 8 substantial numbers of waste mercury-added products and at any other large 9 users of those products. 10

11 15-60-208. Interstate cooperation. 12 (a) The Arkansas Department of Environmental Quality shall cooperate 13 with neighboring states and provinces and regional organizations in the 14 United States and Canada on developing outreach, assistance, and education 15 programs, where appropriate. 16 (b)(1) The department may participate in the establishment and 17 implementation of a regional, multi-state clearinghouse to assist in carrying 18 out the requirements of this subchapter and to help coordinate reviews of the 19 manufacturer notifications regarding mercury-containing products, 20 applications for phase-out exemptions, reviews of the collection plans, the 21 disclosures of mercury content, applications for alternative labeling, and 22

education and outreach. 23 (2) The clearinghouse may also maintain a list of all products 24 containing mercury, including mercury-added products, a file on all 25 exemptions granted by the states, and a file of all the manufacturer reports 26 on the effectiveness of their collection systems. 27

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15-60-209. State review. 29 (a) The Arkansas Department of Environmental Quality shall, in 30 consultation with cooperating states and provinces, report annually by July 1 31 to the Legislative Council: 32 (1) The extent of mercury contamination in the state’s 33 environment and the extent of any health risk from mercury contamination in 34 the state; 35 (2) A survey of sources and quantities of mercury discharged to 36HB1309

8 11262002MGF1319.RCK086or deposited into the state’s environment, including both in-state and out1 of-state sources and estimates of relative contribution; 2 (3) Methods for minimizing risk of further contamination and 3 risk of mercury-related health problems and the potential costs of reducing 4 such risks; 5 (4) The effectiveness of established programs for in-state 6 collection, transportation and recycling of mercury from waste mercury-added 7 products and recommendations for making the programs more effective; and 8 (5) Further coordination developed with other states and 9 Canadian provinces to effectively address mercury issues. 10

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15-60-210. Enforcement. 12 A person, manufacturer, or retailer who violates any provision of this 13 act is guilty of a misdemeanor and on conviction is subject to a fine not 14 exceeding one hundred dollar ($100) for each product in violation of this 15 subchapter. 16

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