An Act To Amend the Law on Mercury-added Products
Maine Legislature, Session 122, LD 0185
Committee: Natural Resources
Sponsors: KOFFMAN, COWGER, EDER, THOMPSON
Amends: 30-A MRSA §4452, 38 MRSA §1661, 38 MRSA §1662, 38 MRSA §1665-A

Legislative Document 
No.18S 
H.P.136 
House of Representatives, January 13,2005 
An Act To Amend the Law on Mercury-added Products 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator COWGER of Kennebec and 
Representatives: EDER of Portland, THOMPSON of China. 
Printed on recycled paper 
I!/~ 
1h.7J7dC~ 
MllLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4452, sub-§5, <)lJ, as repealed and replaced 
by PL 1995, c. 58, §l, is ame~ded to read: 
J. 
Laws pertaining to junkyards, automobile graveyards and 
automobile 
recycling 
businesses 
and 
local 
ordinances 
regarding junkyards, 
automobile graveyards 
and 
automobile 
recycling businesses, pursuant to chapter 183, subchapter I 
and Title 38, section 1665-A, subsection 3. 
Sec. 2. 38 MRSA §1661, sub-§6 is enacted to read: 
6. 
Scrap recycling facility. 
"Scrap recycling facility" 
means a fixed location where machinery and equipment are used to 
process and manufacture scrap metal into prepared grades and 
whose principal product is scrap iron, scrap steel or nonferrous 
metallic scrap for sale for remelting purpose~ 
Sec. 3. 38 MRSA §1662, sub-§l, as enacted by PL 1999, c. 779, 
§2, is amended to read: 
1. 
Labeling required for certain products. 
Effective 
January 1, 2002, a manufacturer may not sell at retail in this 
State or to a retailer in this State, and a retailer may not 
knowingly 
sell, 
a 
mercury-added product 
unless 
the 
item is 
labeled pursuant to this subsection. 
The label must clearly 
inform the purchaser or consumer that mercury is present in the 
item and that the item may not be disposed of or placed in a 
waste stream destined for disposal until the mercury is removed 
and reused, recycled or otherwise managed to ensure that it does 
not become part of solid waste or wastewater. 
Manufacturers 
shall affix to mercury-added products labels that conform to the 
requirements of this subsection. 
The board shall adopt rules to establish standards for affixing 
labels to the product and product package. 
The rules must strive 
for 
consistency with 
labeling 
programs 
in other 
states 
and 
provide for approval of alternative compliance plans by the 
department. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
a-A 2-A. 
This subsection Elees 
Bet; apply applies to mercury-added lamps 
effective January 1, 2006. 
Sec. 4. 
MRSA §1665-A, sub-§3, as enacted by PL 2001, c. 
656, §3, is repealed and the following enacted in its place: 
Page l-LR0382(1) 
3. 
Removal of certain mercury components when vehicle use 
ends. 
A person may not flatten, crush or bale a motor vehicle 
for the purpose of sending it to a scrap recycling facility, or 
arrange for a motor vehicle to be flattened, paled or crushed for 
that purpose, without first removing all mercury switches and 
mercury headlamps, 
except that a 
scrap recycling facility may 
agree to accept a motor vehicle that has not been flattened, 
crushed or baled. 
If a scrap recycling facility accepts such a 
motor vehicle, the scrap recycling facility is responsible for 
removing the mercury switches and mercury headlamps before the 
vehicle is flattened, crushed, baled or shredded. 
Upon removal, 
the 
components 
must 
be 
collected, 
stored, 
transported 
and 
otherwise handled in accordance with the universal waste rules 
adopted by the board under subsection 8. 
Sec. 5. 38 MRSA §1665-A, sub-§5, <JIB, as enacted by PL 2001, c. 
656, §3, is amended to read: 
B. 
Pay a minimum of $1 ~ for each mercury switch brought 
to the consolidation facilities as partial compensation for 
the removal, storage and transport of the switches and a 
minimum of $4 if the vehicle identification number of the 
source vehicle must be provided to receive this payment; 
SUMMARY 
This bill: 
1. 
Authorizes 
municipal 
code 
enforcement 
officers 
to 
enforce the prohibition on the crushing of motor vehicles without 
first removing any mercury switches; 
2. 
Defines the term "scrap recycling facility" as used in 
the law governing removal of mercury switches from motor vehicles; 
3. 
Prohibits the sale of mercury-added lamps after January 
1, 2006 unless, as currently is the case for other mercury-added 
products, the lamps have a label indicating that they contain 
mercury; 
4. 
Clarifies the prohibition of scrapping motor vehicles 
without first removing any mercury switches; and 
5. 
Increases the amount that automobile manufacturers must 
pay 
in compensation 
for 
the 
costs 
of 
removing 
the 
mercury 
switches from motor vehicles.