reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-9. - Reimbursement by third party payers.

§ 23-24.6-9. Reimbursement by third party payers.
Screening for lead poisoning and lead screening related services for children under six (6) years of age as required by department regulations and diagnostic evaluations for lead poisoning for children under six (6) years of age, including but not limited to confirmatory blood lead testing, shall be a covered health benefit and be reimbursable under any general or blanket policy of accident or health insurance offered by an insurer except for supplemental policies which only provide coverage for specific diseases, hospital indemnity Medicare supplements, or other supplemental policies. The department of human services shall pay for the lead screening and lead screening related and diagnostic evaluation services where the patient is eligible for medical assistance under the provisions of chapter 8 of title 40. The department of health shall pay for the lead screening and lead screening related and diagnostic evaluation services where the patient is not covered by any health insurance. All companies which are self insured for health care services will be encouraged by the department to participate as other insurers.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-10. - Lead screening restricted receipt account.

§ 23-24.6-10. Lead screening restricted receipt account.
The director shall establish procedures for lead screening, laboratory testing, and reimbursement. The state laboratory services shall be billed to and reimbursed by insurers. Fees shall be set based upon the rates paid by the insurers to private laboratories for blood lead analysis. All reimbursement fees paid to the department shall be deposited into the general fund. General revenue appropriations for the lead screening program shall be used for:
(1)
Administration of the comprehensive environmental lead program, including performance of environmental lead inspections by state inspectors for enforcement purposes, and development, administration, and coordination of a comprehensive educational program on environmental lead exposures and lead poisoning;
(2)
Provision of comprehensive environmental lead inspections and technical assistance on appropriate environmental lead hazard reduction to families of significantly lead poisoned Rhode Island children and to families of uninsured and underinsured lead poisoned Rhode Island children on a priority basis by blood lead level; regulations clearly identifying the blood lead level corresponding to significant lead poisoning and the mechanism for prioritizing by blood lead level shall be promulgated;
(3)
Provision of comprehensive environmental lead inspections and technical assistance on appropriate environmental lead hazard reduction to preschools, day care facilities, nursery schools, public and private elementary schools, and foster homes and shelters serving children under the age of six (6) years;
(4)
Provision of funds to the department of environmental management for enforcement of fugitive dust regulations designed to reduce or eliminate the hazards caused by removal of leaded paint from the exterior of structures;
(5)
Administration of a childhood blood lead testing program by the department’s division of laboratories, including processing, analyzing, and reporting childhood blood lead samples;
(6)
Provision of the necessary blood lead screening and follow up blood lead testing for uninsured and underinsured preschool children in Rhode Island; and
(7)
Development of a data management system which can be used to track cases of lead poisoning to ensure that they receive timely and appropriate medical treatment, to monitor homes for environmental lead inspections and lead hazard reduction, and to investigate the extent of childhood lead poisoning in Rhode Island.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 1995, ch. 370, art. 40, § 70; P.L. 2001, ch. 86, § 10.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-11. - Reporting of cases of lead poisoning.

§ 23-24.6-11. Reporting of cases of lead poisoning.
Any physician registered or licensed by Rhode Island or any agency of Rhode Island or any employee of a licensed, registered, or approved health care facility making the diagnosis of childhood lead poisoning shall report that diagnosis to the director within ten (10) business days of the diagnosis.
History of Section.
P.L. 1991, ch. 355, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-12. - Comprehensive environmental lead inspections.

§ 23-24.6-12. Comprehensive environmental lead inspections.
The department shall develop and promulgate regulations for:
(1)
Conducting comprehensive environmental lead inspections, which regulations shall, at a minimum, include procedures for:
(i)
Inspecting, testing, and/or sampling of drinking water, household dust, painted surfaces, soil, and/or other appropriate fixed surfaces that may contain lead;
(ii)
Notification of owners, occupants, and mortgagees and lienholders and/or the posting of warnings when unacceptable environmental lead levels are identified during an inspection; and
(iii)
Notifying the department of the results of inspections;
(2)
For other inspections necessary to accomplish the purposes of this chapter; and
(3)
Collection of environmental media samples, including, but not limited to, dust, soil, paint, pewter, pottery, and water, and field analysis of their lead content.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2; P.L. 2003, ch. 59, § 3; P.L. 2003, ch. 72, § 3.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-13. - State inspectors.

§ 23-24.6-13. State inspectors.
(a)
The director, or his or her designee, or any state inspector is authorized to inspect during business hours, or by appointment at another time agreed to by the inspector and the owner, occupant, or other person in charge of a dwelling, dwelling unit, or premises:
(1)
Any dwelling, dwelling unit, or premises for the purpose of conducting a comprehensive environmental lead inspection, or other inspection, as part of the treatment and follow up for a child identified as being lead poisoned;
(2)
Any structure or premises that is used as a preschool, day care facility, nursery school, public or private elementary school or schoolyard, public playground, or foster home or shelter serving children under the age of six (6) years for the purpose of conducting a comprehensive environmental lead inspection, or other inspection;
(3)
Any dwelling, dwelling unit, or premises for the purpose of conducting a comprehensive environmental lead inspection, or other inspection, in response to any complaint to the department by an occupant or the parent or guardian of any minor who is an occupant renting or leasing the dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child under the age of six (6) years residing in that dwelling, dwelling unit, or premises; or
(4)
Any dwelling, dwelling unit, structure, or premises identified in subsection (a)(1), (2), or (3) of this section which is undergoing a lead hazard reduction or a regulated renovation or rehabilitation at a reasonable time, without prior notice, as part of an enforcement inspection.
(b)
The owner, occupant, or other person in charge of a dwelling, dwelling unit, or premises shall, upon presentation of proper identification by the state inspector, for the limited purpose of inspection for lead, grant the inspector entry and free access to every part of the dwelling, dwelling unit, or premises where lead may pose a hazard to the health and safety of children under the age of six (6) years. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, or premises fails or refuses to permit this access and entry to the structure or premises under his or her control or any part of it, the state inspector may, upon a showing that probable cause exists for the inspection and for the issuance of a court order directing compliance with the inspection requirements of this section, petition and obtain an order from a court of competent jurisdiction. Any person refusing to comply with an order issued pursuant to this section shall be subject to any penalties as may be authorized by law for violation of a court order.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-14. - Inspection of child care facilities.

§ 23-24.6-14. Inspection of child care facilities.
(a)
The director shall promulgate regulations requiring that as a condition of licensure all preschools, day care facilities, nursery schools, public and private elementary schools and schoolyards, public playgrounds, and shelters and foster homes serving children under the age of six (6) years in Rhode Island:
(1)
Receive comprehensive environmental lead inspections at specified intervals; and
(2)
Demonstrate that they are either lead free or lead safe.
(b)
The director, shall, using state inspectors, conduct comprehensive environmental lead inspections for all these facilities at the specified intervals.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-15. - Inspections of rental property.

§ 23-24.6-15. Inspections of rental property.
(a)
The director shall, in conjunction with the housing resources commission, promulgate regulations permitting state inspectors to conduct such lead inspections as may be appropriate in response to any complaint to the department or the housing resources commission, by an occupant or the parent or guardian of any child under the age of six (6) years who is an occupant renting or leasing a dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child under the age of six (6) years in that dwelling, dwelling unit, or premises. These regulations will allow for response to the complaints to be prioritized based upon the age of the structure and the nature and degree of hazard present.
(b)
Whenever a comprehensive environmental lead inspection has been performed either pursuant to a complaint or otherwise, the owner and/or any real estate agent or property manager involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of the inspection to occupants pursuant to regulations promulgated by the department, as follows:
(1)
Those persons occupying the dwelling, dwelling unit, or premises at the time the inspection is performed shall be notified of the results within five (5) business days after the owner receives the results;
(2)
All persons who are prospective occupants shall be notified of the inspection results if a significant lead hazard exists, before any lease is signed or before occupancy begins in cases where no lease is signed;
(3)
This notice provision terminates with the performance of the necessary lead reduction actions required to reach at least the “lead safe” level. The department shall provide the owner with a certification of lead reduction for the dwelling.
(c)
Failure to provide inspection results and/or educational materials pursuant to this chapter shall subject the lessor or his or her agent to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 1994, ch. 389, § 3; P.L. 2001, ch. 86, § 10; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-16. - Notice prior to residential property transfer.

§ 23-24.6-16. Notice prior to residential property transfer.
(a)
The department shall issue regulations for the disclosure of lead exposure hazards and potential lead exposure hazards in a residential dwelling, dwelling unit, or premise that is offered for sale or lease. These regulations, at the minimum, shall incorporate the requirements of § 1018 of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (PL 102-550), 42 U.S.C. § 4852d, shall not be inconsistent with the requirements for lead hazard mitigation established pursuant to the provisions of chapter 128.1 of title 42, and shall additionally require an owner of a residential dwelling, dwelling unit, or premise offered for sale or lease to provide copies of any outstanding notice of violation and of results of any lead inspection performed in the dwelling, dwelling unit, or premise and copies of educational materials developed by the department, including information about the requirements of this section and programs that provide financial assistance for comprehensive environmental lead inspections or lead hazard reduction.
(b)
The department shall prepare written materials concerning environmental lead exposures and lead hazards which shall be made available to real estate brokers and agents. The materials shall also be made available to the general public by the department.
(c)
The duties required under this section are not exclusive and do not replace or alter any duty imposed upon the owner to perform lead hazard reduction as required by this chapter.
(d)
In no instance shall the receipt of the disclosures required by this section operate as or be construed as a bar to relief or in any manner be used as an affirmative defense for an owner, operator, or real estate agent in any statutory or common law action.
(e)
The department shall establish and maintain a registry of real estate for which a comprehensive environmental lead inspection has been performed. The registry shall be cross-indexed by the owners’ name, street address, as well as the assessor’s lot and plat number for the applicable city or town.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 1992, ch. 425, § 6; P.L. 1994, ch. 389, § 1; P.L. 2001, ch. 86, § 10; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-18. - Revisions to Housing Maintenance and Occupancy Code.

§ 23-24.6-18. Revisions to Housing Maintenance and Occupancy Code.
Nothing in this chapter shall alter the responsibilities of owners and occupants, or the authority of enforcing officers, under the Housing Maintenance and Occupancy Code, chapter 24.3 of title 45.
History of Section.
P.L. 1991, ch. 355, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-19. - Fugitive dust.

§ 23-24.6-19. Fugitive dust.
(a)
The department of environmental management shall revise its air pollution control regulation number 5 relating to “fugitive dust”, developed under authority conferred by the Clean Air Act, chapter 23 of title 23, so as to prevent the uncontrolled dispersal of lead bearing dust into the air and soil. The revised regulations shall control all sandblasting and powered sanding of exterior surfaces with lead containing paint or surface coatings under conditions specified by the department of environmental management.
(b)
In addition to any other authority currently held, the department of environmental management shall have the authority to conduct soil sampling and other appropriate environmental lead sampling in enforcing the air pollution control regulation number 5 relating to “fugitive dust”.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-19.1. - Sale of abrasive materials for removal of paint.

§ 23-24.6-19.1. Sale of abrasive materials for removal of paint.
Every hardware store and retail store which sells abrasive materials which may be used to remove paint shall post a conspicuous sign, provided by the department of health, of sufficient size with large enough lettering to be easily seen and read, in each area of the store where abrasive materials are displayed for sale which contains the following:
Use of abrasive material (sandpaper, steel wool, drill disks and pads, etc.) in your home to remove paint may increase the risk of childhood lead poisoning. For more information please contact the Rhode Island department of health.
History of Section.
P.L. 2000, ch. 255, § 1; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-21. - Laboratory testing and reporting requirement certification.

§ 23-24.6-21. Laboratory testing and reporting requirement certification.
(a)
Laboratory analyses of all clinical and environmental media samples collected to demonstrate compliance with this chapter or with regulations promulgated pursuant to this chapter shall only be conducted by a laboratory which has been licensed or certified (as appropriate) by the director pursuant to chapter 16.2 of this title entitled “Laboratories.”
(b)
All laboratories performing blood lead analyses on samples taken from children under six (6) years of age shall report the results of such analyses to the department in accordance with regulations promulgated by the department.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10; P.L. 2003, ch. 59, § 3; P.L. 2003, ch. 72, § 3; P.L. 2009, ch. 310, § 5.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-22. - Licensure and certification — Receipts.

§ 23-24.6-22. Licensure and certification — Receipts.
The director shall assess fees for certifications and licenses issued in accordance with rules and regulations promulgated pursuant to the authority conferred by this chapter, provided that those fees are assessed only after procedures in accordance with chapter 35 of title 42 have been followed. All fees shall be deposited into the general fund as general revenue.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 1995, ch. 370, art. 40, § 70.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-24. - Exemptions.

§ 23-24.6-24. Exemptions.
Notwithstanding any other law, any and all certification and licensure fees charged and costs incurred pursuant to the provisions of this chapter shall not be subject to reimbursement to any municipality by operation of any mandate of this chapter.
History of Section.
P.L. 1991, ch. 355, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-25. - Interpretation and severability.

§ 23-24.6-25. Interpretation and severability.
The provisions of this chapter shall be liberally construed and shall be held to be in addition to, and not in substitution for or a limitation of, the provisions of any other law. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of the chapter and the application of the provisions to any other person or circumstances shall not be affected by this invalidity.
History of Section.
P.L. 1991, ch. 355, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.6 - Lead Poisoning Prevention Act › Section 23-24.6-26. - Rules and regulations.

§ 23-24.6-26. Rules and regulations.
The director is authorized to adopt, modify, or repeal and promulgate rules and regulations as are in accord with the purposes of §§ 23-24.6-1 — 23-24.6-27, and shall be subject to the Administrative Procedures Act, chapter 35 of title 42. All rules and regulations promulgated by the director shall provide for the use of “lead safe” reduction as the preferred method where possible to meet the requirements of this chapter. The rules shall provide for notification, pursuant to the provisions of § 23-24.6-12, to occupants of a premise, of lead-hazards following a comprehensive environmental lead inspection at the premises when there is a reasonable likelihood that given the age, type, and condition of the premises that significant lead-hazards are present in other dwelling units. The rules shall also specify the required frequency for all refresher training courses.
History of Section.
P.L. 1991, ch. 355, § 1; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2; P.L. 2014, ch. 428, § 1; P.L. 2014, ch. 446, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.7 - Occupational Health — Lead Protection › Section 23-24.7-1. - Short title.

§ 23-24.7-1. Short title.
This chapter may be cited as the “Occupational Health Lead Protection Act”.
History of Section.
P.L. 1992, ch. 217, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.7 - Occupational Health — Lead Protection › Section 23-24.7-2. - State funding.

§ 23-24.7-2. State funding.
(a)
No state funding shall be used to finance any portion of a construction, renovation, or demolition project involving disturbance of lead based paint or lead based surface coating material unless and until the contract for the project specifies that:
(1)
The contractor shall be responsible for compliance with, and training of all site supervisors and workers in, the applicable requirements established by the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor in the general industry standard for lead (29 CFR 1910.1025), the respiratory protection standard (29 CFR 1910.134), the construction industry standard (29 CFR 1926), the most current edition of OSHA publication 3126 “Working with Lead in the Construction Industry”, NIOSH publication 91-116 “Request for Assistance in Preventing Lead Poisoning in Construction Workers” (August 1991), as well as other applicable policies, rules, and regulations promulgated by cognizant state agencies;
(2)
The contractor shall comply with all environmental lead regulations promulgated by the department of health, department of environmental management, and other cognizant state or federal agencies with jurisdiction in these areas.
(3)
The contractor shall pay for all medical monitoring of employees that is required by law.
(b)
For the purpose of this chapter, state funds shall specifically include but not be limited to, direct state appropriations, restricted receipt accounts, federal grants administered by state agencies, proceeds of bonds issued by state agencies, categorical or block grants to municipalities, and money designated for state revenues sharing with municipalities.
(c)
To the extent that authority has not been vested in the director of health pursuant to § 23-24.6-26, the director of health is authorized to adopt any rules and regulations necessary to implement the provisions of this chapter. Notwithstanding the foregoing, the director of health shall not adopt any rules or regulations until the procedures in chapter 35 of title 42, the Administrative Procedures Act, have been followed.
History of Section.
P.L. 1992, ch. 217, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.8 - Mercury Fever Thermometers › Section 23-24.8-1. - Prohibition against sale of mercury fever thermometers.

§ 23-24.8-1. Prohibition against sale of mercury fever thermometers.
(a)
No mercury fever thermometer may be distributed, sold or offered for sale in this state on or after January 1, 2002, except by prescription. As used in this section, the term “mercury fever thermometer” includes any device containing mercury in which the mercury is used to measure the internal body temperature of a person.
(b)
The ban shall not apply to digital thermometers utilizing mercury-added button cell batteries.
(c)
The manufacturers of mercury fever thermometers distributed, sold or offered for sale in this state on or after January 1, 2002 shall supply clear instructions on the careful handling of the thermometer to avoid breakage and information on the potential health risks associated with exposure to mercury from a damaged or broken thermometer.
History of Section.
P.L. 2001, ch. 207, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-1. - Short title.

§ 23-24.9-1. Short title.
This chapter shall be known as the “Mercury Reduction and Education Act.”
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-2. - Findings.

§ 23-24.9-2. Findings.
The general assembly has found and hereby declares that:
(1)
Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;
(2)
Mercury deposition has proven to be a significant problem in the northeastern United States;
(3)
Consumption of mercury-contaminated freshwater fish poses a significant public health threat to the residents of Rhode Island;
(4)
In order to address these real threats to public health and the environment, the state has been, and should continue to, actively cooperate with other states in the region to help minimize harm resulting from mercury in food, soil, air, and water;
(5)
According to a 2004 study by the U.S. environmental protection agency titled “International Mercury Market Study and the Role and Impact of U.S. Environmental Policy,” more than ten percent (10%) of the estimated mercury reservoir in the United States is in thermostats;
(6)
In 1998, thermostat manufacturers, General Electric, Honeywell, and White Rodgers established the thermostat recycling corporation “(TRC),” a non-profit corporation to facilitate recycling of mercury thermostats nationwide. The TRC originally operated solely through wholesalers but has since expanded to enable collection by contractors, household hazardous waste facilities, and retailers. The TRC is a voluntary program in all states, but several states require wholesalers to act as collection points for waste mercury thermostats. Participation in the TRC is likely the simplest, least-cost means of complying;
(7)
The manufacturers of mercury-containing thermostats, with the cooperation of the department, should be encouraged to submit a single, unified plan for the collection of mercury-containing thermostats, the cost of which should be appropriately apportioned between participating manufacturers;
(8)
The manufacturers of mercury-containing lamps, with the cooperation of the corporation in collaboration with the department, should be encouraged to submit a single, unified plan for the collection of mercury-containing lamps, the cost of which should be appropriately apportioned between participating manufacturers; and
(9)
The intent of this chapter is to achieve significant reductions in environmental mercury by encouraging the establishment of effective waste reduction, recycling, management, and education programs.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2010, ch. 131, § 1; P.L. 2010, ch. 145, § 1; P.L. 2016, ch. 143, § 2; P.L. 2016, ch. 161, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-4. - Interstate clearinghouse.

§ 23-24.9-4. Interstate clearinghouse.
The department is authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturers’ notifications regarding mercury-added products, applications for phase-out exemptions, the collection system plans, the disclosures of mercury content for products defined in § 23-24.9-3, applications for alternative labeling/notification systems, education and outreach activities, and any other related functions. The clearinghouse may also maintain a list of all mercury added products; a file on all exemptions granted by the state; a file of all the manufacturers’ reports on the effectiveness of their collection systems; and a file of the certificates of analysis for mercury-added products used by healthcare facilities as defined in § 23-24.9-11.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-5. - Notification.

§ 23-24.9-5. Notification.
(a)
No later than January 1, 2002, no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in Rhode Island without prior notification in writing by the manufacturer of the product, or its industry trade group, to the director in accordance with the requirements of this section. Such notification shall at a minimum include: (1) a brief description of the product to be offered for sale, use, or distribution; (2) the amount of and purpose for mercury in each unit of the product; (3) the total amount of mercury contained in all products manufactured by the manufacturer; and (4) the name and address of the manufacturer, and the name, address and phone number of a contact.
(b)
Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.
(c)
With the approval of the director, the manufacturer may supply the information required in subsection (a) of this section for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the director. The director may define and adopt specific requirements for the content and submission of the required notification.
(d)
A fabricated mercury-added product manufacturer is not required to provide mercury content information on its mercury-added component if the component manufacturer has provided the information to the department and if the fabricated mercury-added product manufacturer notifies the department of the specific components used in the fabricated mercury-added product.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-8. - Labeling required for certain products.

§ 23-24.9-8. Labeling required for certain products.
(a) Mercury-added products.
(1)
Effective January 1, 2006, 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 waste stream destined for disposal until the mercury is removed or 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.
(2)
The department shall adopt rules to establish standards for affixing labels to the product and product package. The rules shall be consistent with labeling programs in other states and provide for approval of alternative compliance plans by the department. The manufacturer of a mercury-added product is in compliance with the requirements of this subsection if the manufacturer is in compliance with the labeling requirements of another state. This subsection does not apply to mercury-added button cell batteries and products whose only mercury component is a mercury button cell battery or a mercury added lamp.
(b) Mercury-added lamps: large use applications.
(1)
A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.
(2)
A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work is being done that the lamps being removed from service contain mercury and what the contractor’s arrangements are for the management of the mercury in the removed lamps.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2003, ch. 235, § 1; P.L. 2003, ch. 328, § 1; P.L. 2005, ch. 266, § 1; P.L. 2005, ch. 268, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-9.1. - Legislative findings.

§ 23-24.9-9.1. Legislative findings.
(a)
The general assembly further finds:
(1)
In 1998, the Conference of New England Governors and Eastern Canadian Premiers (NEG/ECP) established a landmark goal to “virtually eliminate” mercury emissions in the region.
(2)
The Governors’ Mercury Task Force has set a goal of having seventy-five percent (75%) of dentists in the region install dental amalgam separators by the end of 2007 and ninety-five percent (95%) of dentists have them in place by the end of 2010.
(3)
The Rhode Island Dental Association, the professional association representing the majority of the State’s dentists has been pro-active in adopting best management practices in handling disposal of dental amalgam.
(4)
On Earth Day 2003 the United States Environmental Protection Agency awarded to the Rhode Island Dental Association the New England Region Environmental Merit Award for its mercury reduction efforts.
(5)
In 2004 the Rhode Island Dental Association in cooperation with the Narragansett Bay Commission began a pilot program to adopt dental office best management practices.
(6)
In 2004 the Narragansett Bay Commission awarded to the Rhode Island Dental Association its Environmental Merit Award for Pollution Prevention.
(7)
By the end of 2005, all Rhode Island dental offices within the Narragansett Bay Commission’s jurisdiction had adopted Best Management Practices to prevent wastewater pollution.
(8)
The department of environmental management is concerned about the contribution of mercury to the environment from amalgam waste disposed of into all wastewater discharges, including septic systems.
(9)
Beginning in 2005, the Rhode Island Dental Association, working with the wastewater treatment facility operators in the Pawtuxet River basin have begun to adopt a uniform set of Best Management Practices to include all dental offices within the jurisdiction of those facilities.
History of Section.
P.L. 2006, ch. 556, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-9.2. - Best management practices.

§ 23-24.9-9.2. Best management practices.
Rhode Island dental offices and vocational dental education programs shall use and instruct on the use of best management practices to minimize the presence of elemental mercury, unused amalgam, and waste amalgam in their wastewater discharge and in their solid waste. The department shall develop best management practices that include a requirement for an amalgam removal efficiency of at least ninety-nine percent (99%). The department shall define the required best management practices by January 1, 2007. DEM shall consult with the Narragansett Bay Commission, the Rhode Island Dental Association and other interested parties during the development of the best management practices. Dental offices shall comply with the best management practices.
History of Section.
P.L. 2006, ch. 556, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-9.3. - Amalgam separators.

§ 23-24.9-9.3. Amalgam separators.
No later than July 1, 2008, a dental office that, in the course of treating its patients, places or removes dental amalgam must install an amalgam separator system in the wastewater discharge line. For the purposes of this section, “an amalgam separator system” means a device that removes dental amalgam from the waste stream prior to discharge into either the local public wastewater system or a private septic system located at the dental facility and that has been certified as conforming to the standards of ISO 11143, Dental Equipment — Amalgam Separators. A dental office must demonstrate proper installation, operation, maintenance, and amalgam waste recycling or disposal in accordance with the manufacturer’s recommendations by maintaining and submitting as necessary annual records on waste shipment and maintenance of the system and any other reporting required in this section. Records of the previous three (3) years shall be maintained at all times. Methods or technologies other than amalgam separators that achieve equivalent or greater dental amalgam discharge reductions and that are approved by the agency shall be deemed to comply with the requirements of this subsection.
History of Section.
P.L. 2006, ch. 556, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-9.4. - Exemptions.

§ 23-24.9-9.4. Exemptions.
The following categories of dental offices are exempt from the requirement to install an amalgam separator; provided, that they do not place or remove amalgam:
(a)
Orthodontists;
(b)
Periodontists;
(c)
Endodontists;
(d)
Oral and maxillofacial surgeons; and
(e)
A dental office that is scheduled to no longer be used as a dental office after January 1, 2008.
History of Section.
P.L. 2006, ch. 556, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-10.1. - Resource recovery corporation option.

§ 23-24.9-10.1. Resource recovery corporation option.
The department and the Rhode Island resource recovery corporation shall establish a statewide network for the collection of mercury-added products when the household consumer is finished with them. Manufacturers, except motor vehicle manufacturers subject to the provisions of subdivision 23-24.9(10)(b)(2) of mercury-added products may satisfy their obligations, as set forth in subsection 23-24.9-10(a), by entering into a written agreement with those agencies to support the statewide program including, but not limited to, advertisement, education and/or funding through a system established in regulation.
History of Section.
P.L. 2005, ch. 266, § 2; P.L. 2005, ch. 268, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-10.3. - Sunset provisions.

§ 23-24.9-10.3. Sunset provisions.
The department shall review the provisions of § 23-24.9-10.2 no later than September 1, 2019, to determine if the provisions of said section shall sunset and the appropriate date for such action or if the approved rates of collection should be revised. The department shall make such a determination based on the best available data pertaining to the remaining number of out-of-service mercury-containing thermostats and the collection rates achieved under the provisions. The department shall report to the general assembly no later than January 1, 2020, as to the determination made by the department. If the department determines that the provisions of § 23-24.9-10.2 shall continue then the department shall subsequently review the provisions of said section no later than September 1, 2022, and every two (2) years thereafter until such provisions are no longer required and the department shall report such findings to the general assembly for purposes of repealing the section.
History of Section.
P.L. 2010, ch. 131, § 2; P.L. 2010, ch. 145, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-11. - Disclosure for mercury-added formulated products — Healthcare facilities.

§ 23-24.9-11. Disclosure for mercury-added formulated products — Healthcare facilities.
(a)
By July 1, 2005, the manufacturers of formulated mercury-added products offered for sale or use to a health care facility in Rhode Island must provide both the director and the recipient healthcare facility a certificate of analysis documenting the mercury content of the product, down to a one part per billion level. Such formulated mercury-added products include, but are not limited to: acids; alkalis; bleach (sodium hypochlorite); materials used for cleaning, in maintenance, or for disinfection; stains; reagents; preservatives; fixatives; buffers; and dyes.
(b)
The certificate of analysis must report the result of an analysis performed for mercury on the specific batch or lot of that product offered for sale. The batch or lot number of the product shall be clearly identified on the product and on the certificate of analysis.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2003, ch. 235, § 1; P.L. 2003, ch. 328, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-12. - Limitations on the use of elemental mercury.

§ 23-24.9-12. Limitations on the use of elemental mercury.
After January 1, 2003, no person may sell or provide elemental mercury to another person in Rhode Island, except for manufacturing or recycling or disposal purposes, without providing a material safety data sheet, as defined in the United States Code, title 42, section 11049 [42 U.S.C. § 11049], and requiring the purchaser or recipient to sign a statement that the purchaser: (1) will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes; (2) understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and (3) will not place or allow anyone under the purchaser’s control to place or cause to be placed the mercury in solid waste for disposal or in a wastewater treatment and disposal system.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-13. - Existing inventories.

§ 23-24.9-13. Existing inventories.
Those mercury-added products with a code or date of manufacture indicating they were manufactured prior to July 13, 2001 are exempt from § 23-24.9-6 — 23-24.9-8 and §§ 23-24.9-10 and 23-24.9-11. If the mercury-added product has a date of manufacture or the manufacturer can provide documentation that the product in question was manufactured prior to July 13, 2001, it is exempt from the above listed sections. Situations that are beyond the control of the manufacturer, such as old stock being held by retailers, should be addressed on a case-by-case basis.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-14. - Public education and outreach.

§ 23-24.9-14. Public education and outreach.
(a)
The director shall coordinate the development of a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups in concert with other relevant state agencies. This public education, outreach, and assistance program should focus on the hazards of mercury; the requirements and obligations of individuals, manufacturers, and agencies under this law; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment.
(b)
The director shall cooperate with the neighboring states and provinces and regional organizations in the northeastern U.S. and Canada on developing outreach, assistance, and education programs, where appropriate.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-15. - State procurement preferences for low or nonmercury-added products.

§ 23-24.9-15. State procurement preferences for low or nonmercury-added products.
(a)
Notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the Rhode Island department of administration shall by January 1, 2003, revise its policies, rules, and procedures to implement the purposes of this chapter.
(b)
The Rhode Island department of administration shall give priority and preference to the purchase of equipment, supplies, and other products that do not contain mercury-added compounds or components, unless there is no economically feasible nonmercury-added alternative that performs a similar function. In circumstances where a nonmercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury-added to the product necessary for the required performance.
(c)
State dental insurance contracts negotiated after January 1, 2003, shall provide coverage for non-mercury fillings at no additional expense to the state employee.
(d) Mercury-containing lamp purchasing.
When making purchasing decisions on mercury-containing lamps, the Rhode Island department of administration shall request information on mercury content, energy use, lumen output, and lamp life from potential suppliers and shall issue specifications and make purchasing decisions that favor models at comparable cost with high-energy efficiency, lower mercury content, and longer lamp life. Information obtained on mercury content, energy use, and lamp life must be made available by the Rhode Island department of administration to other purchasers who purchase a large number of mercury-containing lamps. This information must also be posted on the state’s publicly accessible website.
(e)
Extra consideration shall be given to those vendors who provide substitute information on non-mercury lamps like light-emitting diode (LED) that have the same price, specifications, lumen output, and lamp life of what is being sought in the bid abstract.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2016, ch. 143, § 2; P.L. 2016, ch. 161, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-24.9 - Mercury Reduction and Education Act › Section 23-24.9-16. - Violations.

§ 23-24.9-16. Violations.
Effective July 1, 2005, a violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
History of Section.
P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2003, ch. 235, § 1; P.L. 2003, ch. 328, § 1.