An Act To Regulate the Use of Batteries Containing Mercury
Maine Legislature, Session 122, LD 1058
Committee: Natural Resources
Sponsors: COWGER, TWOMEY, MARTIN, DUCHESNE, DUPLESSIE, EBERLE, KOFFMAN, PERCY, PINGREE, THOMPSON
Amends: 38 MRSA §1661, 38 MRSA §1661-C

Legislative Document 
No.1058 
S.P.375 
In Senate, March 1, 2005 
An Act To Regulate the Use of Batteries Containing Mercury 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative TWOMEY of Biddeford and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: MARTIN of Aroostook, Representatives: DUCHESNE of Hudson, DUPLESSIE of 
Westbrook, EBERLE of South Portland, KOFFMAN of Bar Harbor, PERCY of Phippsburg, 
PINGREE of North Haven, THOMPSON of China. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRS A §1611 is enacted to read: 
§16ll. 
Button cell batteries 
1. 
Button cell battery defined. 
For the purposes of this 
section, 
"button cell battery" means 
a tiny, circular battery 
that contains mercuric oxide and that is made for microelectronic 
applications, including, but not limited to, watches. 
2. 
Label required. 
A button cell battery must bear an 
appropriate 
identification 
mark 
and 
must 
be 
packaged 
with 
information regarding proper disposal in accordance with this 
section. 
3. 
Disposal. 
Beginning January L 
2007, a person may not 
dispose of 
a 
button cell battery in a 
solid waste disposal 
facility or by buriaL incineration, deposit or dumping so that 
the battery or any of its constituents may enter the environment 
or be emitted into the air or discharged into any waters. 
4. 
Button cell battery retailers. 
A person selling or 
offering for retail sale button cell batteries must accept, at 
the point of transfer, used button cell batteries in reasonably 
clean and unbroken condition from customers. 
5. 
Violations. 
A person that violates this section commits 
a civil violation subject to section 349. 
Sec. 2. 38 MRSA §1661, sub-§l, ~~D and E, as repealed and 
replaced by PL 2001, c. 656, §1, are amended to read: 
D. 
An electric relay or other electrical device; aBa 
Sec. 3. 38 MRSA §1661, sub-§I, tF is enacted to read: 
F. 
A novelty with a battery that contains mercury. 
Sec. 4. 38 MRSA §1661, sub-§6 is enacted to read: 
6. 
Novelty. 
"Novelty" means a product intended mainly for 
personal 
or 
household 
enjoyment 
or 
adornment. 
"Novel ty" 
includes, 
but is not limited to, 
items intended for 
use 
as 
llactical 
jokes, 
figurines, 
adornments, 
toys, 
games, 
cards, 
ornaments, yard statues and figures, candles, 
jewelry, holiday 
decorations and items of apparel. 
Sec. 5. 38 MRSA §1661-C. sub-§9 is enacted to read: 
9. 
Novelties. 
After January 1, 2007, a person may not sell 
or offer to sell or distribute for promotional purposes a novelty 
that contains a battery that contains mercury in the State. 
R 
SUMMARY 
This bill bans, after January 1, 
2007, 
the sale ln this 
State of novel ties that contain batteries that contain mercury, 
such as light-up games, cards and adornments. 
In addition, this 
bill bans the disposal, after January 1, 
2007, of button cell 
batteries in landfills and incinerators and requires that such 
batteries be packaged with information regarding proper disposal.