Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products › Section 75.02 - Definitions

Current through Register 1525, July 5, 2024
The definitions found in
				310 CMR 75.02 apply
				to, and are limited to, 310 CMR 75.00.
Department
means the Department of
				Environmental Protection.
Distributor
means any person who
				imports, consigns, or offers for sale, sells, barters or otherwise supplies
				mercury-added products in the commonwealth.
IMERC
means the Interstate Mercury
				Education and Reduction Clearinghouse, a regional, multi-state clearinghouse
				established to coordinate the administration of state laws on mercury-added
				products.
Irremovable
means not intended by the
				manufacturer to be replaceable by the product user or consumer
				(
e.g
., an irremovable component is one for which the
				manufacturer does not sell replacement component).
Manufacturer
means any person, firm,
				association, partnership, corporation, governmental entity, organization,
				combination or joint venture which produces a product containing mercury or an
				importer or domestic distributor of a product containing mercury produced in a
				foreign country. In the case of a mercury-added multi-component product where
				the only mercury is contained in a mercury-added component manufactured by a
				different manufacturer which is intended to be readily removable and
				replaceable by the consumer or user, the manufacturer is the manufacturer who
				produced the mercury-added component. If the product or component is produced
				in a foreign country, the manufacturer is the importer or domestic distributor.
				However, if a company from whom an importer purchases the merchandise has a
				United States presence or assets, that company shall be considered to be the
				manufacturer.
				310 CMR 75.02:
Manufacturer
shall not apply to a "distributor" of
				motor vehicles as defined in M.G.L. c. 93B, § 1.
Massachusetts
Environmental
				Monitor
means a twice monthly publication of the
				Executive Office of Energy and Environmental Affairs that provides information
				on projects under review by the Massachusetts Environmental Policy Act (MEPA)
				office, recent MEPA decisions of the Secretary of Environmental Affairs, and
				public notices from environmental agencies.
Mercury-added Component
means a
				component that contains mercury.
Mercury-added Formulated Product
means
				a chemical product to which mercury has been added, intentionally or
				unintentionally, including, but not limited to, laboratory chemicals, cleaning
				products, cosmetics, pharmaceuticals and coating materials that are sold as
				consistent mixtures of chemicals.
Mercury-added Lamp
means an electric
				lamp to which the manufacturer intentionally introduces mercury for the
				operation of the lamp, including, but not limited to, fluorescents, compact
				fluorescents, black lights, high intensity discharge lamps, ultraviolet lamps
				and neon lamps.
Mercury-added Product
means a product
				to which the manufacturer intentionally introduces mercury, including, but not
				limited to, electric lamps, thermostats, automotive devices, electric switches,
				medical or scientific instruments, electric relays or other electrical devices,
				but not including products made with coal ash or other products that are
				incorporated into equipment used to manufacture semiconductor devices,
				elemental mercury in pre-capsulated form that is sold, distributed or provided
				to a dental practitioner for use in compliance with the department's
				regulations concerning amalgam wastewater and recycling for dental facilities,
				or mercury-added formulated products.
				310 CMR 75.02:
Mercury-added Product
includes mercury-added
				components that are incorporated into larger products.
Mercury Relay
means a mercury-added
				product that opens or closes electrical contacts to affect the operation of
				other devices in the same or another electrical circuit.
Mercury Switch
means a mercury-added
				product that opens or closes an electrical circuit or gas valve.
Mercury-added Thermostat
means a
				product or device that uses a mercury switch to sense and control room
				temperature through communication with heating, ventilation or air conditioning
				equipment, including thermostats used to sense and control room temperature in
				residential, commercial, industrial and other buildings, but shall not include
				a thermostat used to sense and control temperature as part of a manufacturing
				process.
Person
means any natural or corporate
				person, whether public or private, including corporations, societies,
				associations and partnerships and bodies politic and corporate, public
				agencies, authorities, departments, offices and political subdivisions of the
				Commonwealth.
Qualified Mercury-added Lamp Recycler
means a person who engages in the manual or mechanical separation of spent
				household mercury-added lamps to recover components and mercury contained
				therein, and meets the requirements of the Commonwealth of Massachusetts for
				handling, transporting and disposal of mercury-added lamps.