NY Env Conserv L § 27-2107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 21 - Mercury-Added Consumer Products 27-2107 - Prohibitions.

§ 27-2107. Prohibitions.   1.  On  and  after  January  first, two thousand five, no person shall sell, offer for sale or distribute free  of  charge  in  the  state  any mercury-added  novelty consumer product. A manufacturer that produces or sells mercury-added novelty consumer  products  shall  notify  retailers that sell mercury-added novelty consumer products about such product ban and  inform  such  retailers of how to properly dispose of the remaining inventory.   2. On and after January first, two  thousand  five,  no  person  shall sell,  offer  for  sale  or  distribute  free  of  charge  mercury fever thermometers or mercury body thermometers except by prescription written by a physician. A manufacturer of such thermometers  shall  provide  the buyer  or  the recipient with notice of mercury content, instructions on proper disposal and instructions that clearly describe how to  carefully handle  the thermometer to avoid breakage and on proper cleanup should a breakage occur.   3. On or after January first, two thousand five, no person shall sell, offer for sale or distribute free  of  charge  in  the  state  elemental mercury,  other  than  within  a mercury-added consumer product, without requiring the final purchaser or recipient to sign a statement that  the purchaser will use the mercury only for medical, pre-encapsulated dental amalgam, research, or manufacturing purposes.   4.  On  or  after  September  fourth, two thousand four, no primary or secondary school in  New  York  state  may  use  or  purchase  elemental mercury.   Mercury-added  consumer  products  which  are  not  otherwise prohibited by this title that are used by schools  are  not  subject  to this prohibition.   5.  On or after January first, two thousand six, no person shall sell, offer for  sale  or  distribute  the  following  mercury-added  consumer products:  (a) mercury barometers;  (b)  mercury  esophageal  dilators,  mercury  bougie  tubes or mercury gastrointestinal tubes;  (c) mercury flow meters;  (d) mercury hygrometers or mercury psychrometers; and  (e) mercury pyrometers;   The provisions of this subdivision shall not  apply  to  the  sale  or distribution  of  any  mercury-added consumer product delineated in this subdivision if such product is used to  replace  a  product  that  is  a component  in  a  larger  product  in  use  prior  to January first, two thousand six, or  the  resale  of  any  mercury-added  consumer  product delineated    in   this   subdivision   manufactured   before   December thirty-first, two thousand five.   6. On or after January first, two  thousand  seven,  no  person  shall sell,  offer  for  sale  or distribute any mercury hydrometer or mercury manometer. The provisions of this subdivision shall  not  apply  to  the sale or distribution of any mercury-added consumer product delineated in this  subdivision if such product is used to replace a product that is a component in a larger  product  in  use  prior  to  January  first,  two thousand  seven,  or  the  resale  of any mercury-added consumer product delineated   in   this   subdivision   manufactured   before    December thirty-first, two thousand six.   7.  On  or  after  January  first, two thousand eight, no person shall sell, offer for sale or distribute any mercury switch or  mercury  relay individually   or  as  a  product  component.  The  provisions  of  this subdivision  shall  not  apply  to  the  sale  or  distribution  of  any mercury-added  consumer  product  delineated in this subdivision if such product is used to replace a product that is a  component  in  a  larger  product in use prior to January first, two thousand eight, or the resale of  any  mercury-added  consumer  product delineated in this subdivision manufactured before December thirty-first, two thousand seven.   8.  On  or  after  January first, two thousand twelve, no person shall sell, offer for sale or distribute any mercury sphygmomanometer, mercury wetted reed relay, mercury flame sensor, mercury thermometer, or mercury thermostat, except for mercury thermostats used by a blind  or  visually impaired  person.  The provisions of this subdivision shall not apply to the  sale  or  distribution  of  any  mercury-added   consumer   product delineated  in  this  subdivision  if  such product is used to replace a product that is a component in a larger product in use prior to  January first,  two  thousand twelve or the resale of any mercury-added consumer product delineated in this subdivision  manufactured  prior  to  January first, two thousand twelve.   9.  The  provisions of subdivisions five, six, seven and eight of this section shall not apply to the sale or distribution of any mercury-added consumer product delineated in those subdivisions if  the  use  of  such product   is   a  federal  requirement.  The  department  shall  develop informational  materials  on  the  dangers  of  mercury-added   consumer products, specifically thermometers and barometers, and disseminate such materials to antique dealers and resale establishments.   10.  The  department  may  grant  a  waiver  from  the  provisions  of subdivision eight of this section upon request by the manufacturer of  a mercury-added consumer product.  (a) An application for a waiver shall be in the form prescribed by the department and document the basis for the requested waiver or renewal of a  waiver  and  describe  how the manufacturer will ensure that a system exists for the proper collection, transportation and processing  of  the mercury-added consumer products at the end of their useful life.  (b)  The  application  must  include  at  a  minimum, information that demonstrates:  (i) there are no non-mercury alternatives that are comparable in price to, are as effective in performance as, or are as accurate  and  precise as the identified mercury-added consumer product;  (ii)  the  use  of  the  mercury-added consumer product provides a net benefit to  the  environment,  public  health,  or  public  safety  when compared to a non-mercury alternative; or  (iii)  there  are  other  factors  affecting  the  use  of non-mercury alternatives.  (c)  The   manufacturer   must   notify   the   regional   multi-state clearinghouse,  as  identified  in section 27-2115 of this title, of its request for a waiver  pursuant  to  this  subdivision  and  provide  the clearinghouse with the information required in its waiver application.  (d)  The  department may grant or deny, in whole or in part, a request for a waiver. In determining whether to grant or deny a waiver or waiver renewal, the  department  may  consult  with  the  clearinghouse,  other states, or regional governmental organizations to promote consistency in the implementation of this subdivision.  (e)  Waivers  shall  be  granted for a period not to exceed two years. Upon a request by the manufacturer, the department may  renew  a  waiver for  a  period  not to exceed two years if the department finds that the manufacturer continues to meet the requirements for a waiver,  that  the manufacturer  has  complied  with all conditions of the original waiver, and the manufacturer demonstrates that reasonable efforts have been made to remove mercury from the product subject to the waiver.   11. On and after January first, two thousand twenty-one,  no  producer of  mercury-added  lamps  shall sell, offer for sale, or distribute such lamps that fail  to  meet  mercury  content  standards  adopted  by  the  department  pursuant  to  rules  and  regulations.  Such standards shall include what, if any, allowance should be granted for slight  variations in  the  amount  of mercury resulting from production variances. For the following  general  purpose  lights,  mercury content shall be no higher than:  (a) 2.5 milligrams for screw-based compact fluorescent lamps less than thirty watts;  (b) 3.5 milligrams for straight fluorescent T8  lamps  with  a  normal lifetime  (excluding  8-foot  models)  and  3.0  milligrams for straight fluorescent T5 lamps with a normal lifetime;  (c) 5.0 milligrams for straight fluorescent T8 and  T5  lamps  with  a long lifetime;  (d)  15.0  milligrams for non-linear fluorescent T8, T5, and T12 lamps and 8-foot linear fluorescent lamps (excluding very high output models);   12. On or  before  December  thirty-first,  two  thousand  twenty-six, mercury  content  standards  established in accordance with this section shall not apply to special purpose lights.