Chapter 328

2003 -- H 6610

Enacted 07/17/03

AN ACT

RELATING TO HEALTH AND SAFETY -- MERCURY REDUCTION AND EDUCATION ACT

Introduced By: Representatives Ginaitt, Handy, Anguilla, Savage, and Naughton

Date Introduced: July 02, 2003

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-24.9-6, 23-24.9-7, 23-24.9-8, 23-24.9-9, 23-24.9-10, 23-24.9-

11, 23-24.9-16 and 23-24.9-19 of the General Laws in Chapter 23-24.9 entitled "Mercury

Reduction and Education Act" are hereby amended to read as follows:

23-24.9-6. Restrictions on the sale of certain mercury-added products. -- (a) No later

than January 1, 2003, no mercury-added novelty shall be offered for final sale or use or

distributed for promotional purposes in Rhode Island. Manufacturers that produce and sell

mercury-added novelties must notify retailers about the provisions of this product ban and how to

dispose of the remaining inventory properly. The requirements of this section shall apply to all

mercury-added novelties irrespective of whether or not the product is exempt from the phase-out

requirements of section 23-24.9-11.

(b) 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. This restriction shall not apply to

digital thermometers utilizing mercury-added button cell batteries. The manufacturers of mercury

fever thermometers shall supply clear instructions on the careful handling of the thermometer to

avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers

sold through prescription. Mercury fever thermometers manufacturers must also comply with

sections 23-24.9-5 and 23-24.9-7 -- 23-24.9-10.

primary or secondary classroom, bulk elemental or chemical mercury, or mercury compounds.

Manufacturers that produce and sell such materials must notify retailers about the provisions of

this ban and how to dispose of the remaining inventory properly. Other mercury-added products

that are used by schools are not subject to this prohibition.

(d) This ban on sale, use or distribution shall not apply to a novelty incorporating one or

more ~~replaceable~~ mercury-added button cell batteries as its only mercury-added component or

components.

23-24.9-7. Phase-out and exemptions. -- (a) No mercury-added product shall be offered

for final sale or use or distributed for promotional purposes in Rhode Island if the mercury

content of the product exceeds:

(1) One gram (1000 milligrams) for mercury-added fabricated products or two hundred

fifty (250) parts per million (ppm) for mercury-added formulated products, effective ~~two (2) years~~

~~from July 13, 2001~~ July 1, 2005;

(2) One hundred (100) milligrams for mercury-added fabricated products or fifty (50)

parts per million (ppm) for mercury-added formulated products, effective ~~four (4) years from July~~

~~13, 2001~~ July 1, 2007; and

(3) Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per

million (ppm) for mercury-added formulated products, effective ~~six (6) years from July 13, 2001~~

July 1, 2009.

(b) For a product that contains one or more mercury-added products as a component, this

section is applicable to each component part or parts and not to the entire product. For example, if

an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.

the phase-out limits specified in subsection (a) of this section apply to each component and not

the sum of the mercury in all of the components. For example, for a car that contains mercury-

added switches and lighting, the phase-out limits would apply to each component separately, and

not the combined total of mercury in all of the components.

(d) (1) Fluorescent lamps shall be exempt from the requirements of subsection (a) of this

section. As of January 1, 2010, the mercury content of fluorescent bulbs shall either not exceed

ten (10) milligrams or the manufacturer shall comply with the exemption requirements pursuant

to subsection (f) of this section.

(2) Specialized lighting used in the entertainment industry, such as metal halide lights,

shall be exempted from the requirements of section 23-24.9-7(a).

(e) A mercury-added product shall be exempt from the limits on total mercury content

set forth in subsection (f) of this section if the level of mercury or mercury compounds contained

in the product are required in order to comply with federal or state health or safety requirements.

In order to claim exemption under this section, the manufacturer must notify the department, in

writing, and provide the legal justification for the claim of exemption.

(f) Manufacturers of a mercury-added product may apply to the director for an

exemption for no more than two (2) years from the limits on total mercury content set forth in

subsection (a) of this section for a product or category of products. Applications for exemptions

must: (1) document the basis for the requested exemption or renewal of exemption; (2) describe

how the manufacturer will ensure that a system exists for the proper collection, transportation and

processing of the product(s) at the end of their useful life; and (3) document the readiness of all

necessary parties to perform as intended in the planned system.

(g) The director may grant, with modifications or conditions, an exemption for a product

or category of products if he or she finds: (i) a system exists for the proper collection,

transportation and processing of the mercury-added product, including direct return of a waste

product to the manufacturer, an industry or trade group supported collection and recycling

system, or other similar private or public sector efforts; and (ii) he or she finds each of the

following criteria are met:

(1) Use of the product is beneficial to the environment or protective of public health or

protective of public safety; and

(2) There is no technically feasible alternative to the use of mercury in the product; and

(3) There is no comparable non-mercury-added product available at reasonable cost.

Prior to issuing an exemption, the director shall consult with neighboring states and

provinces and regional organizations to promote consistency. The state shall avoid, to the extent

feasible, inconsistencies in the implementation of this section. Upon reapplication by the

manufacturer and findings by the director of continued eligibility under the criteria of this

subsection and of compliance by the manufacturer with the conditions of the director's original

approval, an exemption may be renewed one or more times and each renewal may be for a period

of no longer than two (2) years.

23-24.9-8. Labeling required for certain products. -- (a) Mercury-added products. - (1)

Effective ~~January 1, 2004~~ July 1, 2005, 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 must strive for consistency with labeling programs in

other states and provide for approval of alternative compliance plans by the department. This

subsection does not apply to mercury-added lamps, 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.

23-24.9-9. Disposal ban. -- (a) After ~~January 1, 2004~~ July 1, 2005, no person shall

dispose of mercury-added products in a manner other than by recycling or disposal as hazardous

waste. Mercury from mercury-added products may not be discharged to water, wastewater

treatment, and wastewater disposal systems except when it is done in compliance with local,

state, and federal applicable requirements.

(b) If a formulated mercury-added product is a cosmetic or pharmaceutical product

subject to the regulatory requirements relating to mercury of the federal food and drug

administration, then the product is exempt from the requirements of this section.

cell battery; (2) mercury-added components as contained in motor vehicles; and (3) households

disposing of lamps and products containing lamps.

23-24.9-10. Collection of mercury-added products. -- (a) After ~~January 1, 2003~~ July 1,

2005, no mercury-added product shall be offered for final sale or use or distribution for

promotional purposes in Rhode Island unless the manufacturer either on its own or in concert

with other persons has submitted a plan for a convenient and accessible collection system for

such products when the consumer is finished with them and the plan has received approval of the

director. Where a mercury-added product is a component of another product, the collection

system must provide for removal and collection of the mercury-added component or collection of

both the mercury-added component and the product containing it.

(b) (1) This section shall not apply to the collection of mercury-added button cell

batteries or mercury-added lamps or products where the only mercury contained in the product

comes from a mercury-added button cell battery or a mercury-added lamp; and

(2) This section shall not apply to motor vehicles.

23-24.9-11. Disclosure for mercury-added formulated products -- Healthcare

facilities. -- (a) By ~~January 1, 2003~~ 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.

23-24.9-16. Violations. -- A 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.

23-24.9-19. Mercury advisory working group. -- The department of environmental

management shall be authorized to coordinate the development of a mercury reduction and

education advisory working group ~~to examine the need for additional legislative and regulatory~~

~~changes~~ to advise the department with regard to the development of regulations and programs for

the implementation of the provisions of this chapter and with regard to public education

pertaining to the continued elimination of mercury-added products in the State of Rhode Island.

This advisory working group may include, but not be limited to, designees from the following:

the general assembly, department of environmental management, department of health, the

attorney general's office, state and/or national organizations interested in mercury reduction and

education, consumer and children's advocacy groups, local chambers of commerce, and those

industries that manufacture consumer products which contain mercury.

SECTION 2. Chapter 23-24.9 of the General Laws entitled "Mercury Reduction and

Education Act" is hereby amended by adding thereto the following section:

23-24.9-2.1. Oversight and systems planning. -- (a) The general assembly further finds:

(1) that reduction and elimination of health and environmental threats from mercury is a highly

complex undertaking requiring cooperation among policy makers, public health and

environmental officials and advocates, private businesses from diverse industries and sectors,

consumers, and the general public within Rhode Island and depending on actions in other states

and at the federal level; (2) that systems planning is critical to the smooth, effective, and efficient

implementation of programs to reduce and eliminate health and environmental threats from

mercury in Rhode Island; (3) that the implementation of the provisions of this chapter between

July 2001 and July 2003 has been incomplete and partial and has given rise to unintended

consequences; and (4) that additional time is required to study how to make the provisions of this

chapter more efficient and effective and to provide for needed systems planning.

(b) (1) There is hereby created a fourteen (14) member commission on oversight and

planning for mercury hazard reduction and elimination with the following membership: nine (9)

members to be appointed by the governor; four (4) representatives of private business; one (1) of

whom shall be an engineer with expertise in manufacturing processes and pollution prevention;

one (1) of whom shall be an expert on the effects of mercury on public health and/or the

environment; one (1) of whom shall be a representative of consumer interests, and two (2) of

whom shall be representatives of advocacy organizations, and five (5) of whom shall be ex

officio, voting members: the director of the department of environmental management, the

director of the department of health, the executive of the Rhode Island economic development

corporation, the executive director of the Rhode Island resource recovery corporation, and the

executive director of the Rhode Island League of Cities and Towns. The ex-officio members may

designate an alternate in writing who shall have voting privileges. The members of the

commission shall not receive compensation services. From the membership of the commission,

the Governor shall designate a chairperson.

(2) The purposes of the commission shall be to study the system for reducing and

eliminating mercury hazards in Rhode Island, including, but not limited to: (A) identifying

current and projected sources of mercury hazards; (B) evaluating programs and efforts to reduce

the sources in a cost-effective and efficient manner that does not place Rhode Island at a

disadvantage with other states; (C) building on effective efforts in other states and achieving a

consistency with other states in terms of approach and timing of implementation; and (D)

determining the availability and effectiveness to consumers and the public of programs, facilities

for disposal and recycling mercury-added products, and education about mercury-added products

and mercury hazards. On or before March 1, 2004, and on or before September 1, 2004, the

commission shall present to the governor, the speaker of the house of representatives, and the

president of the senate an interim progress report informing them of the scope and progress of the

commission's work, to date. The commission shall report its findings and recommendations to

the governor, the speaker of the house, and the president of the senate by January 1, 2005, which

recommendation shall include such proposals as the commission deems necessary or appropriate

for amendments to this chapter.

(3) The commission shall meet at the call of the chair, and shall have the power to adopt

bylaws for its organization and appoint such officers and committees as it deems appropriate.

(4) All departments and agencies of the state shall furnish such advice and information,

documentary or otherwise, and such support and assistance as the commission deems necessary

or desirable. The director of administration shall arrange meeting space for and organizational

support to the commission.

(5) The commission shall terminate effective July 1, 2005.

implementing such changes to programs as may be proposed, and for enacting such changes as

may be desirable, that effective dates for implementing the provisions of this chapter pertaining to

phase-outs and exemptions (section 23-24.9-7), labeling (section 23-24.9-8), disposal bans

(section 23-24.9-9), collection of mercury-added products (section 23-24.9-10), disclosure

(section 23-24.9-11), and violations (section 23-24.9-16) shall be July 1, 2005, unless a later date

is provided for in the section, and no actions to enforce said provisions may be undertaken until

July 1, 2005, or after, provided, however that voluntary use of the provisions shall be facilitated

and allowed.

SECTION 3. This act shall take effect upon passage.

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LC03633

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