An Act To Reduce Mercury Use in Measuring Devices and Switches
Maine Legislature, Session 121, LD 1159
Committee: Natural Resources
Amends: 38 MRSA §1661, 38 MRSA §1661-C

Legislative Document 
No. 1159 
H.P.856 
House of Representatives, March 4, 2003 
An Act To Reduce Mercury Use in Measuring Devices and Switches 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Public Law 2001, chapter 620. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
!r/~ 
frl.1l!dC~ 
MllLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1661, sub-§3-A is enacted to read: 
3-A. 
Mercury relay. 
"Mercury relay" means a mercury-added 
product or device that opens or closes electrical contacts to 
effect the operation of other devices in the same or another 
electrical 
circuit. 
"Mercury 
relay" 
includes 
mercury 
displacement 
relays, 
mercury 
wetted 
reed 
relays 
and 
mercury 
contact relays. 
Sec. 2. 38 MRSA §1661, sub-§4, as enacted by PL 2001, c. 656, 
§1, is repealed and the following enacted in its place: 
4. 
Mercury switch. 
"Mercury switch" means a mercury-added 
product or device that opens or closes an electrical circuit or 
gas valve. 
"Mercury switch" 
includes mercury float switches 
actuated 
by 
rlslng 
or 
falling 
liguid 
levels, 
mercury tilt 
switches actuated by a change in the switch position, mercury 
pressure switches actuated by 
a 
change in pressure, 
mercury 
temperature switches actuated by 
a 
change in temperature and 
mercury 
flame 
sensors. 
"Mercury switch" 
does 
not 
include 
a 
mercury-added thermostat. 
Sec. 3. 38 MRSA §1661-C, sub-§5, as enacted by PL 2001, c. 
620, §1, is amended to read: 
5. 
Mercury-added thermostats. 
After January 1, 
2006, 
a 
person 
may 
not 
sell 
or 
offer 
to 
sell 
or 
distribute 
for 
promotional purposes 
a 
mercury-added thermostat except 
€e£--a 
~Re£ffie6~a~--~&ed--~~-~~~-~-~--J£~~£~~J~~--~~£~e6e6--aRa 
eHee!l~ for a thermostat used by a blind or visually impaired 
person. 
A manufacturer of mercury-added thermostats may apply to 
the commissioner prior to January 1, 2003 for an exemption from 
the provisions of this subsection for one or more specific uses 
of a mercury-added thermostat. 
The Commissioner of Environmental 
Protection may grant an exemption with or without conditions upon 
finding that: 
A. 
The manufacturer has demonstrated that a system exists 
for the proper collection, transportation and processing of 
the mercury-added thermostat at the end of its life; and 
B. 
The specific use or uses of the mercury-added thermostat 
provide a net benefit to the environment, public health or 
public 
safety 
when 
compared 
to 
available 
nonmercury 
alternatives. 
For the purposes of this subsection, a "mercury-added thermostat" 
means a product or device that uses a mercury switch to sense and 
Page l-LR2015(1) 
• 
control 
room 
temperature 
through 
communication with heating, 
ventilating 
or 
air conditioning 
equipment. 
"Mercury added 
thermostat" includes thermostats used to sense and control room 
temperature 
in residential, 
commercial, 
industrial 
and 
other 
buildings but does not include a thermostat used to sense and 
control temperature as part of a manufacturing process. 
Sec. 4. 38 MRSA §1661-C, sub-§§6 to 8 are enacted to read: 
6. 
Instruments and measuring devices. 
Effective July L 
2006, a person may not sell or offer to sell or distribute the 
following mercury added products: 
A. 
A barometer; 
B. 
An esophageal dilator, bougie tube or gastrointestinal 
tube; 
c. 
A flow meter; 
D. 
A hydrometer; 
E. 
A hygrometer or psychrometer; 
F. 
A manometer other than a manometer prohibited from sale 
under subsection 2; 
G. 
A pyrometer; 
H. 
A sphygmomanometer; or 
I. 
A thermometer other than a thermometer prohibited from 
sale under subsection 1. 
This subsection does not apply to the sale of a mercury-added 
product listed in paragraphs A to 
I 
if use of the product is 
reguired under federal law or federal contract specification or 
if the only mercury added component in the product is a button 
cell battery . 
7. 
Mercury switches and relays. 
Effective July 1, 2006, a 
person may not sell or offer to sell or distribute a mercury 
swi tch 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 
B. 
The switch or relay is integrated and not physically 
separate from other components of the larger product. 
This subsection does not apply to the sale of a mercury switch or 
mercury relay if use of the switch or relay is required under 
federal law or federal contract specification. 
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. 
A 
system 
exists 
for 
the 
proper 
collection, 
transportation and processing of the product at the end of 
its life; 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 nonmercury alternatives; or 
(2) 
Technically feasible nonmercury alternatives are 
not available at comparable cost. 
Prior to approving an exemption, the commissioner shall 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. 
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 Eersons comEly 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 
clear inghouse. 
Rules adopted under this subsection are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill bans the sale of mercury switches, mercury relays 
and 
certain 
mercury-added 
measuring 
devices 
and 
instruments 
effective July 1, 2006. 
The ban does not apply to the sale of 
mercury switches or mercury relays used as replacement parts in 
existing 
manufacturing 
equipment 
or 
in 
other 
equipment 
or 
machinery in which the switch or relay is integrated with other 
• 
• 
components. 
mercury-added 
Environmental 
prohibition. 
Manufacturers 
products 
may 
Protection 
for 
and 
apply 
an 
users 
of 
to 
the 
exemption 
the 
targeted 
Commissioner 
of 
from 
the 
sales 
The bill also clarifies the scope of the prohibition on the 
sale of mercury-added thermostats enacted by Public Law 200l, 
chapter 620, section 1 .