An Act To Protect Children from Mercury and Thimerosal Toxicity in Immunizing Agents
Maine Legislature, Session 123, LD 1446
Committee: Health and Human Services
Sponsors: BURNS, NUITING, CANAVAN, FARRINGTON, HARLOW, HAYES, VALENTINO, WALCOTT, WEAVER
Amends: 22 MRSA §1066

Legislative Document 
No. 1446 
H.P.1015 
House of Representatives, March 15,2007 
An Act To Protect Children from Mercury and Thimerosal Toxicity 
in Immunizing Agents 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative BURNS of Berwick. 
Cosponsored by Senator NUITING of Androscoggin and 
17/~ 
1J7.1ik~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANAVAN of Waterville. CARTER of Bethel, FARRINGTON of Gorham, 
HARLOW of Portland, HAYES of Buckfield, VALENTINO of Saco, WALCOTT of 
Lewiston, WEAVER of York. 
Printell on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1066 is enacted to read: 
§1066. Immunizing agents containing mercury or thimerosal 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Label" means written information on outside packaging or bulk packaging; 
descriptive information, instructions on separate pages or brochures provided with a 
product; and written information that appears on individual vials 01' dispensing units. 
B. "Trace amount" means one microgram or less per dose. 
2. Prohibition. Except as provided in subsection 4, beginning January I, 2008, a 
person may not sell, market, offer or otherwise provide an immunizing agent for use by 
health care practitioners in this State on children under 8 years of age or pregnant women 
if the immunizing agent contains more than a trace amount of mercury or thimerosal. 
3. Labeling. Except as provided in subsection 4, beginning January 1, 2008, a 
person may not sell, market, offer or otherwise provide an immunizing agent to any 
health care practitioner in this State unless the immunizing agent is clearly labeled in 
accordance with this subsection. 
A. All labels must clearly indicate whether the immunizing agent contains mercury 
or thimerosal or is mercury-free or thimerosal-free. An immunizing agent that 
contains mercury or thimerosal, even if only a trace amount, must be clearly labeled 
with the words "contains mercury" or "contains thimerosal. " 
B. An immunizing age~t with more than a trace amount ofrriercury or thimerosal 
must be labeled as unsuitable for children under 8 years of age and for pregnant 
women. 
C. 
A sticker, such as that commonly used to identify special information on a 
prescription medication, with text in a font size no smaller than 10 points affixed to 
an existing label is acceptable labeling. 
4. 
Exemption. The commissioner may allow the use of an immunizing agent 
otherwise prohibited under this section if the commissioner finds that an exemption is 
necessary to protect the public health in response to an actual or potential bioterrorist 
incident or other public health emergency, including an epidemic or shortage of supply of 
an immunizing agent that would prevent children under 8 years of age and pregnant 
women from receiving the needed immunizing agent. 
A. An exemption under this subsection is limited to 12 months, renewable once per 
incident or emergency. 
B. Upon issuing an exemption or a renewal of an exemption under this subsection, 
the commissioner shall provide notice of the findings justifying the exemption or 
renewal within 48 hours to the Legislature and within 7 days to parties who have filed 
with the commissioner's office a request for notification. 
Page I - 123LR1686(Ol)-1 
Sec. 2. Development of plan. The Department of Health and Human Services 
shall develop a plan to ensure that all immunizing agents administered in the State are 
free of mercury and thimerosal, including trace amounts of mercury or thimerosal, as 
defined in the Maine Revised Statutes, Title 22, section 1066, subsection 1, paragraph B. 
In designing the plan, the department shall consider methods to eliminate all mercury and 
thimerosal from immunizing agents, including, but not limited to, requiring the use of 
single-dose immunizing agents. 
SUMMARY 
Beginning January 1, 2008, this bill prohibits the use of more than trace amounts of 
mercury or thimerosal in any immunizing agent for administration to children under 8 
years of age and to pregnant women. It imposes requirements for labeling and written 
information packaged with the immunizing agent. It provides for an exemption if the 
Commissioner of Health and Human Services determines that an immunizing agent 
containing more than a trace amount is necessary due to an actual or potential bioterrorist 
incident or public health emergency. The bill also directs the department to develop a 
plan to ensure that all immunizing agents are mercury-free and thimerosal-free, including 
considering the requirement of the use of single-dose immunizing agents.