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IMERC Guidance Materials Product Ban and Phase Out Information
 
 

State Mercury-Added Product Ban & Phase-out Guidance

Guidance on Compliance with Product Bans and Phase-Out Requirements for Mercury-Added Products Sold & Distributed in the United States

Updated October 2013

This Guidance Document is designed to help manufacturers, importers, and distributors of mercury-added products understand how to comply with specific mercury-added product bans and phase-out requirements in the United States. Throughout this document, text that is highlighted in green indicates that the material is hyperlinked to additional information and guidance on that topic.

What Is a Mercury-added Product?

A mercury-added product is a product, commodity, or chemical with one or more components that contain mercury or a mercury compound intentionally added to provide a specific characteristic, appearance, or quality, or to perform a specific function. Some state definitions also include products that cannot function without the use of a mercury-component, even if the component is not intially sold with the product. These products include formulated mercury-added products and fabricated mercury-added products.

A fabricated mercury-added product is a combination of individual components, one or more of which has mercury added, that combine to make a single unit.

A formulated mercury-added product is a chemical product, including but not limited to laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials that are sold as a consistent mixture of chemicals.

Why are the States Banning and/or Requiring Phase-Out of the Sale of Certain Mercury-Added Products?
The purpose of restricting or completely banning the sale of certain mercury-added products is to eliminate non-essential uses of mercury in consumer, household, and commercial products, thereby reducing mercury releases to the environment associated with the production, use, and disposal of such products. For more information on the health and environmental effects of mercury, go to: http://www.newmoa.org/prevention/mercury/.

What Mercury-Added Products Have Mercury-Added Product Sales Bans and/or Phase-Outs?
To see what types of mercury-added products are subject to sales bans and/or phase-out requirements, Browse by Product Category

What States Have Mercury-Added Product Sales Bans and/or Phase-Outs?
To see what states restrict the sale and/or distribution of mercury-added products through product sales bans and/or phase-outs, Browse by State

What Is the Difference Between a Product Ban and a Phase-Out?
Some exemptions may be allowed under a product phase-out and some phase-out laws contain statutory exceptions that exempt certain products from the statute without the need to apply for and obtain a written exemption. There are no exemptions allowed under a product sales ban. Product bans target a specific product. Product phase-out bans generally restrict categories of products based on their function or mercury content.

How Can Manufacturers Apply for an Exemption to the States' Phase-out Requirements?
If a company's product(s) falls within one of the categories of products covered by the states' sales phase-out requirements and they want to continue to sell their product in the applicable states, they may apply for an administrative exemption for their product or product category. Exemptions can be granted for up to a five-year period, depending on the state. However, the appropriate duration of an exemption is decided on a case-by-case basis.

Applicants for exemptions to the states' sales phase-out should complete and sign a Mercury-Added Product Phase-out Exemption Application Form. Applications are generally due one year before the effective date for which they are seeking an exemption.

Are There Fees Associated with the Exemption Application Process?
California, Maine, and Rhode Island require the payment of fees at various points within the application process. For more information, visit the state specific links below:

Can Manufacturers Claim Confidential Business Information for Mercury-Added Products?
If a company has concerns about confidential business information (CBI), they must submit a Mercury-added Product Phase-out Exemption Application, along with a written request for CBI consideration directly to the state agencies they are requesting an exemption from. IMERC cannot accept any CBI requests.

What is the Role of IMERC in Assisting the States with Implementation of their Mercury-Added Product Bans and Phase-out Exemptions?
IMERC conducts the following activities to help support member state implementation of their mercury-added product phase-out requirements:

  • Providing a location for manufacturers to submit Mercury-added Product Phase-out Exemption Applications that apply to IMERC-member states;
  • Facilitating the review by the member states concerning:
    • Manufacturer applications for exemptions to the phase-out of the sale of mercury-added products; and
    • Manufacturer plans for collection and proper waste management of mercury-containing materials;
  • Responding to questions and comments regarding member state mercury-added product requirements; and
  • Assisting the states with their efforts to educate the regulated community and the public regarding the state requirements and how to comply with them.

Decisions regarding approval of mercury-added product phase-out exemptions are made by each individual state environmental agency. Upon approval of a phase-out exemption application, the state sends a letter to the applicant detailing the approval, the period of time over which it applies, and the schedule for reporting on the effectiveness of the proposed collection system.

Use of the IMERC process is strongly encouraged to avoid duplication of effort by all concerned, but is not required. Companies may choose to submit exemption applications to individual states, and should do so if they wish to designate some or all of the application as confidential business information, since IMERC is not equipped to handle CBI submittals. Where more than one state receives an exemption request covering the same mercury-added products, the states can be expected to consult extensively with each other to achieve an appropriate level of consistency across jurisdictions.

Browse by State or Product Category

This section presents information about mercury-added product sales bans and product phase-outs. You may view by Product Category or State:

Browse by Product Category Browse by State Browse by Non-IMERC Member State
Mercury Content Restrictions California Indiana
Automobile Switches Connecticut Iowa
Button-Cell Batteries Illinois Maryland
Dairy Manometers Louisiana Montana
Diostats Maine Nebraska
Fever Thermometers Massachusetts Ohio
Measuring Devices Michigan Oregon
Miscellaneous Minnesota Pennsylvania
Novelty Items New Hampshire Wisconsin
Switches & Relays New Jersey
Thermometers New York
Thermostats North Carolina
Rhode Island
Vermont
Washington

 

Mercury Content Restrictions - This category applies to the states of Connecticut, Louisiana, and Rhode Island. These states require phase-out of the sale of mercury-added products according to the amount of mercury the products contain.

IMERC-member State Product Mercury Content Compliance Date Exemption Process
Connecticut Fabricated > 1,000 mg
Formulated > 250 ppm
July 1, 2004 Yes
Fabricated > 100 mg
Formulated > 50 ppm
July 1, 2006 Yes
Louisiana Fabricated > 1,000 mg
Formulated > 250 ppm
July 1, 2008 Yes
Fabricated > 100 mg
Formulated > 50 ppm
July 1, 2010 Yes
Fabricated > 10 mg
Formulated > 10 ppm
July 1, 2012 Yes
Rhode Island Fabricated > 1,000 mg
Formulated > 250 ppm
January 1, 2006 Yes
Fabricated > 100 mg
Formulated > 50 ppm
July 1, 2007 Yes
Fabricated > 10 mg
Formulated > 10 ppm
July 1, 2009 Yes
Browse by Product Category

 

Automobile Switches - This category covers mercury-added switches used in automobiles, such as convenience light switches and anti-lock brake (ABS) switches. Some states broadly define this product category as any vehicle switch that opens or closes an electrical circuit or gas valve.

IMERC-member State Compliance Date Exemption Process Additional Information
California January 1, 2005 No  
Connecticut See Mercury Content Restrictions Yes  
Illinois April 24, 2006 N/A Collection program requirement only
Louisiana See Mercury Content Restrictions Yes  
Maine January 1, 2003 Yes Prohibits replacement of mercury light switches and allows for ABS switches as replacements
Massachusetts January 1, 2007 Yes  
North Carolina September 13, 2005 N/A Switch removal program only
Rhode Island See Mercury Content Restrictions Yes  
Washington January 1, 2006 No  
Non-IMERC Member State      
Iowa July 1, 2006 No Iowa House File 2362
Oregon January 1, 2006 No Mercury Switch-Out Program
Browse by Product Category

 

Button-Cell Batteries - This category includes mercury-added zinc air, silver oxide, and alkaline manganese oxide button-cell batteries sold individually or as a component in another product.

IMERC-member State Compliance Date Exemption Process Additional Information
Connecticut July 1, 2011 No  
Maine January 1, 2012 No For silver oxide types:
357, 364, 371, 377, 395, SR44W, SR621SW, SR626SW, SR920SW, and SR927SW; or a silver oxide button cell battery that is interchangeable
January 1, 2015 No All other silver oxide mercury-added button cell batteries
Rhode Island July 1, 2011 Yes  
Browse by Product Category

 

Dairy Manometers - A specific type of mercury-added manometer that is used to measure the pressure in milk lines or in milking machines on dairy farms.

IMERC-member State Compliance Date Exemption Process Additional Information
Connecticut July 1, 2003 Yes  
Louisiana July 1, 2007 Yes Also includes natural gas manometers
Minnesota June 30, 1997 No  
Rhode Island See Mercury Content Restrictions Yes  
Vermont January 1, 2006 No  
Non-IMERC Member State      
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

 

Diostats - A specific type of mercury switch that controls a gas valve in an oven or oven portion of a gas range or stove.

IMERC-member State Compliance Date Exemption Process Additional Information
California January 1, 2008 No Includes new and refurbished ovens
Connecticut See Mercury Content Restrictions Yes  
Louisiana See Mercury Content Restrictions Yes  
Minnesota January 1, 2008 No  
New York January 1, 2012 Yes  
Rhode Island See Mercury Content Restrictions Yes  
Browse by Product Category

 

Fever Thermometers - A specific type of thermometer used for measuring body temperature.

IMERC-member State Compliance Date Exemption Process Additional Information
California July 1, 2002 Yes
See Statutory Phase-out Exemptions
 
Connecticut January 1, 2003 No
See Statutory Phase-out Exemptions
 
Illinois July 1, 2004 Yes  
Louisiana January 1, 2007 Yes  
Maine     See Thermometers
Massachusetts February 21, 2002 Yes
See Statutory Phase-out Exemptions
 
Michigan January 1, 2003 No Michigan Public Act 578 of 2002
Minnesota June 1, 2001 No  
New Hampshire July 1, 2002 Yes  
New Jersey February 1, 2005 No  
New York January 1, 2005 No
See Statutory Phase-out Exemptions
 
Rhode Island January 1, 2002 Yes  
Vermont July 1, 2006 No  
Washington January 1, 2006 No  
Non-IMERC Member State      
Indiana July 1, 2003 No Indiana Code IC 13-20-17.5
Maryland October 1, 2002 No Maryland House Bill 75
Nebraska May 1, 2003 No Nebraska Revised Statute 28-1350
Ohio October 6, 2007 No Ohio House Bill 443
Oregon August 8, 2001 No Oregon HB 3007
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

 

Measuring Devices - This category includes: barometers, esophageal dilators, bougie tubes, gastrointestinal tubes, flow meters, hydrometers, hygrometers, psychrometers, manometers, pyrometers, and sphygmomanometers, unless otherwise noted. Dairy Manometers, Fever Thermometers, and other Thermometers (e.g., laboratory) are listed separately.

IMERC-member State Compliance Date Exemption Process Additional Information
California July 1, 2006 Yes  
Connecticut See Mercury Content Restrictions Yes  
Illinois July 1, 2008 Yes  
Louisiana See Mercury Content Restrictions Yes  
Maine July 1, 2006 Yes

Includes dairy manometers and fever thermometers

Does not apply to resale of products already in service

Massachusetts May 1, 2008 Yes  
Michigan January 1, 2009 No Michigan Public Acts 493 and 494 of 2002
Minnesota August 1, 2007 No Sphygmomanometers, esophageal dilators, bougie tubes, feeding tubes, and gastrointestinal tubes
January 1, 2008 No Barometers, manometers, and pyrometers
New Hampshire January 1, 2008 Yes  
New York January 1, 2006 No
See Statutory Phase-out Exemptions
Barometers, esophageal dilators, bougie tubes, gastrointestinal tubes, flow meters, hygrometers or psychrometers, and pyrometers
January 1, 2007 No
See Statutory Phase-out Exemptions
Manometers and hydrometers
January 1, 2012 Yes Sphygmomanometers
Rhode Island See Mercury Content Restrictions Yes  
Vermont January 1, 2007 Yes
See Statutory Phase-out Exemptions
 
Washington January 1, 2006 No Sphygmomanometers only
Non-IMERC Member State      
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

 

Miscellaneous - This category applies to those mercury-added products that do not currently fit into one of the other product categories.

IMERC-member State Mercury-Added Product Compliance Date Exemption Process Additional Information
Illinois Cosmetics December 23, 2008 No  
Wheel Weights January 1, 2012 No  
Slip Ring Devices July 1, 2012 No  
Maine Wheel Weights and Balancers January 1, 2011 No  
Minnesota Pharmaceuticals
Cosmetics
January 1, 2008 No  
New York Components in Automobiles January 1, 2011 No Restriction on components with greater than 15 mg of mercury
Vermont Neon Signs January 1, 2007 Yes  
Browse by Product Category

 

Novelty Items - Any mercury-added product intended mainly for personal or household enjoyment or adornment, including items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, and footwear and other items of apparel.

IMERC-member State Compliance Date Exemption Process Additional Information
California January 1, 2003 No  
Connecticut July 1, 2003 No  
Illinois July 1, 2004 No  
Louisiana July 1, 2007 No  
Minnesota June 1, 2001 No  
New Hampshire January 1, 2002 No  
New York January 1, 2005 No  
Rhode Island January 1, 2003 No  
Vermont July 1, 2006 No  
Washington January 1, 2006 No  
Non-IMERC Member State      
Indiana July 1, 2003 No Indiana Code IC 13-20-17.5
Ohio April 6, 2008 No Ohio House Bill 443
Oregon January 1, 2006 No Oregon HB 3007
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

 

Switches & Relays - A mercury switch is a product that opens or closes an electrical circuit or gas valve, such as float switches, tilt switches, pressure switches, temperature switches, and flame sensors. A mercury relay is a product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit, such as displacement relays, wetted reed relays, and contact relays. Automobile Switches and Diostats are switches used in specific applications and are listed separately.

IMERC-member State Compliance Date Exemption Process Additional Information
California July 1, 2006 Yes
See Statutory Phase-out Exemptions

Also see Auto Switches

Also see Diostats

Connecticut See Mercury Content Restrictions Yes  
Illinois July 1, 2007 Yes
See Statutory Phase-out Exemptions
Also see Auto Switches
Louisiana See Mercury Content Restrictions Yes  
Maine July 1, 2006 Yes
See Statutory Phase-out Exemptions

Includes thermostats and diostats

See 38 MRSA §1661(4) for broader switch definition

Also see Auto Switches

Massachusetts May 1, 2009 Yes
See Statutory Phase-out Exemptions
Also see Auto Switches
Minnesota August 1, 2007 No Also see Diostats
New Hampshire July 1, 2008 Yes
See Statutory Phase-out Exemptions
 
New York January 1, 2008 No
See Statutory Phase-out Exemptions
Does not include mercury wetted relays
January 1, 2012 Yes Mercury wetted relays
Rhode Island See Mercury Content Restrictions Yes  
Vermont January 1, 2007 Yes
See Statutory Phase-out Exemptions
 
Non-IMERC Member State      
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

 

Thermometers - A mercury thermometer is used for measuring temperature. Fever Thermometers (also known as basal thermometers) are used specifically to measure a person's body temperature and are listed separately.

IMERC-member State Compliance Date Exemption Process Additional Information
California July 1, 2006 Yes  
Connecticut See Mercury Content Restrictions Yes  
Illinois July 1, 2008 Yes  
Louisiana See Mercury Content Restrictions Yes  
Maine July 1, 2006 Yes Includes fever thermometers
Michigan January 1, 2003 No Michigan Public Act 578 of 2002
Minnesota June 1, 2001 No  
New Hampshire January 1, 2008 Yes  
New York January 1, 2012 Yes  
Rhode Island See Mercury Content Restrictions Yes  
Vermont January 1, 2007 Yes  
Washington January 1, 2006 No  
Non-IMERC Member State      
Ohio October 6, 2007 No Ohio House Bill 443
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

 

Thermostats - A product or device that uses a mercury-added switch to sense and control room temperature through communication with heating, ventilation, or air-conditioning (HVAC).

IMERC-member State Compliance Date Exemption Process Additional Information
California July 1, 2006 Yes  
Connecticut See Mercury Content Restrictions Yes  
Illinois July 1, 2008 Yes  
Louisiana See Mercury Content Restrictions Yes  
Maine July 1, 2006 Yes  
Massachusetts May 1, 2008 Yes  
Michigan January 1, 2009 No Michigan Public Act 492 of 2002
Minnesota August 1, 2007 No  
New Hampshire July 1, 2008 Yes
See Statutory Phase-out Exemptions
 
New York January 1, 2012 Yes  
Rhode Island See Mercury Content Restrictions Yes  
Vermont July 1, 2006 No  
Non-IMERC Member State      
Iowa July 1, 2009 No Iowa House File 2669
Maryland October 1, 2007 No Maryland Senate Bill 772
Montana January 1, 2010 No Montana Senate Bill 424
Ohio April 6, 2008 No Ohio House Bill 443
Oregon January 1, 2006 N/A Mercury Thermostat Collection Program
Pennsylvania December 8, 2009 No Mercury-Free Thermostat Act
Wisconsin November 1, 2010 Yes Wisconsin Act 44
Browse by Product Category

To view mercury-added product bans and phase-outs for a specific state, click here: Browse by State

 

IMERC-Member States

California - Contact: Valetti Lang, (916) 324-1815 or
California Department of Toxic Substances Control
Hazardous Waste Management Program
1001 "I" Street, 11th Floor
P.O. Box 806
Sacramento, CA 95812-0806
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Auto Switches January 1, 2005 No  
Diostats January 1, 2008 No  
Fever Thermometers July 1, 2002 Yes

If provided upon prescription from a designated medical provider.

Digital thermometers that use a mercury oxide button-cell battery.

Measuring Devices, including Thermometers July 1, 2006 Yes Required by federal law or federal contract specification, or if the only mercury-added component is a button-cell battery.
Novelty Items January 1, 2003 No  
Switches & Relays July 1, 2006 Yes

Replacement mercury-added switches and relays for larger product in use prior to July 1, 2006 and either: larger product is used in manufacturing or switch/relay is not physically separate from the larger product.

Mercury switches or relays that contain less than 1 milligram of mercury if the switch or relay manufacturer notifies the state of their intention to operate under the exemption.

Resale of refurbished imaging and therapy systems utilized for diagnostic purposes that include a mercury switch or relay if the system manufacturer notifies the state of their intention to operate under the exemption.

No technically feasible alternative, at a reasonable cost - formal application and approval required.

Thermostats January 1, 2006 Yes  
Browse by State

 

Connecticut - Contact: Thomas Metzner, (860) 424-3242 or
Connecticut Department of Environmental Protection
Office of Planning and Program Development
79 Elm Street
Hartford, CT 06106
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Fabricated Products > 1,000 mg
Formulated Products > 250 ppm
July 1, 2004 Yes  
Fabricated Products > 100 mg
Formulated Products > 50 ppm
July 1, 2006 Yes  
Button-cell Batteries July 1, 2011 No  
Dairy Manometers July 1, 2003 No  
Fever Thermometers January 1, 2003 No

Digital thermometers with removable button-cell batteries

Fever thermometers allowed with doctor's prescription

Novelty Items July 1, 2003 No  

Additional statutory phase-out exemptions for the state of Connecticut include:

  • A pharmaceutical, pharmaceutical product, biological product, or substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act
  • Any mercury-added product with a code, date of manufacture, or which it can be otherwise demonstrated that it was manufactured prior to the effective dates
  • Any motor vehicles manufactured prior to October 1, 2003
  • Products that contain mercury-containing lamps for backlighting that are not easily removed by the purchaser
  • Specialized lighting used in the entertainment industry, such as metal halide lights used in stadiums
Browse by State

 

Illinois - Contact: Becky Jayne, (217) 524-9642 or
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Automobile Switches April 24, 2006 N/A Mercury-added automotive switch collection program requirement only
Cosmetics December 23, 2008 No  
Fever Thermometers July 1, 2004 Yes  
Measuring Devices July 1, 2008 Yes  
Novelty Items July 1, 2004 No  
Slip Ring Devices July 1, 2012 No  
Switches & Relays July 1, 2007 Yes

Federally required uses of mercury-added switches and relays

Replacement mercury-added switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to July 1, 2007

Mercury-added switches and relays used at electric generating facilities or in medical diagnostic equipment regulated under the Federal Food, Drug and Cosmetic Act

Thermometers July 1, 2008 Yes  
Thermostats July 1, 2008 Yes  
Wheel Weights January 1, 2012 Yes  
Browse by State

 

Louisiana - Contact: Al Hindrichs, (225) 219-4054 or
Louisiana Department of Environmental Quality
602 N. Fifth Street
Baton Rouge, LA 70802
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Fabricated Products > 1,000 mg
Formulated Products > 250 ppm
July 1, 2008 Yes  
Fabricated Products > 100 mg
Formulated Products > 50 ppm
July 1, 2010 Yes  
Fabricated Products > 10 mg
Formulated Products > 10 ppm
July 1, 2012 Yes  
Dairy Manometers July 1, 2007 Yes  
Fever Thermometers January 1, 2007 Yes  
Novelty Items July 1, 2007 No  

Additional statutory phase-out exemptions for the state of Louisiana include:

  • Fluorescent lamps until July 1, 2014, when the mercury content of the lamps must not exceed 10 milligrams or the lamps must be approved for exemption by the LA DEQ
  • Products that are required in order to comply with federal, state, or homeland security requirements
  • Products with a code or date of manufacture indicating the products were manufactured prior to the effective dates, or that are meant to service products manufactured prior to the effective date
Browse by State

 

Maine - Contact: Enid Mitnik, (270) 287-8556 or
Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333-0017
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Automobile Switches January 1, 2003 Yes Allows anti-lock brake system (ABS) switches as replacements
Button-cell Batteries:
Zinc-Air;
Alkaline Manganese;
Silver Oxide types: 357, 364, 371, 377, 395, SR44W, SR621SW, SR626SW, SR920SW, and SR927SW; or a silver oxide button cell battery that is interchangeable
January 1, 2012 No  
Button-cell Batteries:
All other Silver Oxide button-cell batteries
January 1, 2015 No  
Measuring Devices - including dairy manometers and fever thermometers July 1, 2006 Yes

If the use of the product is a federal requirement

Does not apply to the resale of used measuring devices

Switches & Relays - including thermostats and diostats July 1, 2006 Yes

Replacement switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to July 1, 2006

If the use of the product is a federal requirement

Does not apply to the resale of used switches or relays

Thermometers July 1, 2006 Yes  
Wheel Weights January 1, 2011 No  
Maine shall adopt rules establishing mercury content standards established in California for lamps sold or manufactured in the State on or after January 1, 2012.

Browse by State

 

Massachusetts - Contact: Sean Sylver, (617) 292-5747 or
Massachusetts Department of Environmental Protection
One Winter Street
Boston, MA 02108
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Automobile Switches January 1, 2007 Yes  
Fever Thermometers February 21, 2002 Yes Thermometers determined to be medically necessary by a licensed physician or ordered by prescription
Measuring Devices May 1, 2008 Yes  
Switches & Relays May 1, 2009 Yes

A mercury switch or relay which is a component in a larger product in use before May 1, 2009, there is no mercury-free alternative available for the component, and either the larger product is used in manufacturing; or the switch or relay is integrated and not physically separate from other components of the larger product

A mercury switch or relay which is integrated as a component of a larger product that has been refurbished for resale and which was originally manufactured before the effective date of the law

Thermostats May 1, 2008 Yes  

Additional statutory phase-out exemptions for the state of Massachusetts include:

  • Any mercury-added formulated products that are cosmetic or pharmaceutical products subject to the regulatory requirements of the Federal Food and Drug Administration relating to mercury
  • Products in which the use of mercury is federally required

Browse by State

 

Michigan - Contact: Joy Taylor Morgan, (517) 284-6765 or
Michigan Department of Natural Resources and Environment
P.O. Box 30457
Lansing, MI 48909
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Fever Thermometers January 1, 2003 No Fever thermometers sold or offered for promotion by a prescription
Measuring Devices:
Sphygmomanometers; Esophageal Dilators, Bougie Tubes, and Gastrointestinal Tubes
January 1, 2009 No For home use and calibration of mercury-free devices in health care facilities, if deemed warranted
Thermometers January 1, 2003 No If required by state or federal statute, regulation, or administrative rule or thermometers used for pharmaceutical research purpose
Thermostats January 1, 2009 No If the thermostat is a replacement of an existing thermostat that is a component of an appliance
Browse by State

 

Minnesota - Contact: John Gilkeson, (651) 757-2391 or
Minnesota Pollution Control Agency
Prevention and Assistance Division
520 Lafayette Rd. N.
St. Paul, MN 55155
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Dairy Manometers June 30, 1997 No  
Diostats January 1, 2008 No  
Fever Thermometers June 1, 2001 No  
Measuring Devices:
Sphygmomanometers, Esophageal Dilators, Bougie Tubes, Feeding Tubes, & Gastrointestinal Tubes
August 1, 2007 No  
Measuring Devices:
Barometers, Manometers, and Pyrometers
January 1, 2008 No  
Novelty Items June 1, 2001 No  
Pharmaceuticals & Cosmetics January 1, 2008 No  
Switches & Relays August 1, 2007 No  
Thermometers June 1, 2001 No  
Thermostats August 1, 2007 No  
Browse by State

 

New Hampshire - Contact: Stephanie D'Agostino, (603) 271-6398 or
New Hampshire Department of Environmental Services
Pollution Prevention Program
29 Hazen Drive, P.O. Box 95
Concord, NH 03302-0095
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Fever Thermometers July 1, 2002 Yes  
Measuring Devices January 1, 2008 Yes  
Novelty Items January 1, 2002 No  
Switches & Relays July 1, 2008 Yes Replacement switch or relay that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury replacement component exists
Thermometers January 1, 2008 Yes  
Thermostats July 1, 2008 Yes Replacement thermostat that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury replacement component exists

Additional statutory phase-out exemptions for the state of New Hampshire are listed below:

  • Federally required use of product
  • Products in which the only mercury-added component is a button-cell battery

Browse by State

 

New Jersey - Contact: Robin Heston, (609) 984-4643 or
New Jersey Department of Environmental Protection
401 East State Street
Trenton, NJ 08625
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Fever Thermometers February 1, 2005 No  
Browse by State

 

New York - Contact: Peter Pettit, (518) 402-8705 or
New York State Department of Environmental Conservation
Division of Solid and Hazardous Materials
625 Broadway
Albany. NY 12233-7250
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Components in Automobiles January 1, 2011 No Restriction on components with greater than 15 mg of mercury
Fever Thermometers January 1, 2005 No Digital thermometers with removable button-cell batteries
Measuring Devices:
Barometers, Esophageal Dilators, Bougie Tubes, Gastrointestinal Tubes, Flow Meters, Hygrometers, Psychrometers, & Pyrometers
January 1, 2006 No

Replacement barometers, esophageal dilators, bougie tubes or gastrointestinal tubes, flow meters, hygrometers or psychrometers, and pyrometers that are components of a larger product in use prior to January 1, 2006

Resale of barometers, esophageal dilators, bougie tubes or gastrointestinal tubes manufactured before December 31, 2005

Measuring Devices:
Manometers & Hydrometers
January 1, 2007 No

Replacement hydrometers or manometers that are components of a larger product in use prior to January 1, 2007

Resale of hydrometers or manometers manufactured before December 31, 2006

Measuring Devices:
Sphygmomanometers
January 1, 2012 No  
Novelty Items January 1, 2005 No  
Switches & Relays January 1, 2008 No The sales ban does not include:
- Replacement switches and relays that are components of a larger product in use prior to January 1, 2008
- Resale of switches and relays manufactured before December 31, 2007

The sales ban includes mercury-added wetted relays and diostats as of January 1, 2012

Additional statutory phase-out exemptions for the state of New York include:

  • Federally required uses of mercury-added products

Browse by State

 

North Carolina - Contact: Mike Brailsford,
North Carolina Department of Environmental & Natural Resources
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Automobile Switches Septemeber 13, 2005 N/A Mercury-added automotive switch removal program only
Browse by State

 

Rhode Island - Contact: Beverly Migliore, (401) 222-4700 or
Rhode Island Department of Environmental Management
235 Promenade Street
Providence, RI 02908
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Fabricated Products > 1,000 mg
Formulated Products > 250 ppm
July 1, 2008 Yes  
Fabricated Products > 100 mg
Formulated Products > 50 ppm
July 1, 2010 Yes  
Fabricated Products > 10 mg
Formulated Products > 10 ppm
July 1, 2012 Yes  
Button-cell Batteries July 1, 2011 Yes  
Fever Thermometers January 1, 2002 Yes  
Novelty Items January 1, 2003 No  

Additional statutory phase-out exemptions for the state of Rhode Island are listed below:

  • A pharmaceutical, pharmaceutical product, biological product, or substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act
  • Any mercury-added product with a code, date of manufacture, or which it can be otherwise demonstrated that it was manufactured prior to the effective dates
  • Any motor vehicles manufactured prior to October 1, 2003
  • Laboratory chemical standards
  • Fluorescent lamps, cold cathode low pressure mercury discharge lamps, neon lamps, and high intensity discharge (HID) lamps (metal halide, high pressure sodium, mercury vapor) that do not exceed 100 mg of mercury as of January 1, 2010
  • Specialized lighting used in the entertainment industry
  • Products that contain mercury-containing lamps for backlighting that are not easily removed by the purchaser
  • Button-cell batteries
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Vermont - Contact: Gary Gulka, (802) 241-3626 or
Vermont Department of Environmental Conservation
103 South Main Street
Waterbury, VT 05671
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Dairy Manometers January 1, 2006 No  
Fever Thermometers July 1, 2006 No  
Measuring Devices January 1, 2007 Yes Instruments and measuring devices where the only mercury-added component is a button cell battery
Neon Signs January 1, 2007 Yes  
Novelty Items July 1, 2006 No  
Switches & Relays January 1, 2007 Yes Replacement switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to January 1, 2007
Thermometers January 1, 2007 Yes  
Thermostats July 1, 2006 No  

Additional statutory phase-out exemptions for the state of Vermont include:

  • Federally required uses of switches, relays, instruments, and measuring devices
  • Mercury-added lamps used in semi-conductor manufacturing and other manufacturing operations
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Washington - Contact: Ian Wesley, (360) 407-6747 or
Washington Department of Ecology
Environmental Assessment Program
P.O. Box 47600
Olympia, WA 98504-7600
 

Mercury-added Product Compliance Date Exemption Process Statutory Phase-out Exemptions
Automobile Switches January 1, 2006 No  
Fever Thermometers January 1, 2006 No  
Measuring Devices:
Sphygmomanometers
January 1, 2006 No  
Novelty Items January 1, 2006 No  
Thermometers January 1, 2006 No  
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Non-IMERC Member States

Indiana
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Fever Thermometers July 1, 2003 Indiana Code IC 13-20-17.5 Excludes thermometers containing mercury solely within a button-cell battery
Novelty Items July 1, 2009 Indiana Code IC 13-20-17.5 Excludes those with removable button-cell batteries
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Iowa
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Automobile Switches July 1, 2006 Iowa House File 2362 Mercury-added automotive switch removal program only
Thermostats July 1, 2009 Iowa House File 2669 Does not include thermostats used as part of a manufacturing or industrial process
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Maryland
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Fever Thermometers October 1, 2002 Maryland House Bill 75

Excludes those authorized by prescription

Thermometers used in health care facilities and digital thermometers using a button-cell battery are exempt

Thermostats July 1, 2009 Maryland Senate Bill 772  
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Montana
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Thermostats January 1, 2010 Montana Senate Bill 424  
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Nebraska
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Fever Thermometers May 1, 2003 Nebraska Revised Statute 28-1350  
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Ohio
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Fever Thermometers October 6, 2007 Ohio House Bill 443 Does not include fever thermometers required by federal law, prescribed by licensed medical personnel, or digital thermometers using a button-cell battery
Novelty Items April 6, 2008 Ohio House Bill 443 Excludes those with a button-cell battery or fluorescent lamp
Thermometers October 6, 2007 Ohio House Bill 443 Does not include thermometers required by federal law, when it is demonstrated to be the only temperature measuring device feasible for a research quality control, or manufacturing application, or digital thermometers using a button-cell battery
Thermostats April 6, 2008 Ohio House Bill 443 Excludes thermostats installed in the residence of a visually-impaired person or thermostats used as part of a manufacturing process
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Oregon
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Automobile Switches January 1, 2006 Mercury Switch-Out Program  
Fever Thermometers August 8, 2001 Oregon HB 3007 Does not include thermometers required by federal law, or prescribed by licensed medical personnel
Novelty Items January 1, 2006 Oregon HB 3007  
Thermostats January 1, 2006 Mercury Thermostat Collection Program Mercury-added thermostat installation ban only. Excludes thermostats on industrial equipment used for safety controls
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Pennsylvania
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Thermostats December 8, 2009 Mercury-Free Thermostat Act  
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Wisconsin
 

Mercury-added Product Compliance Date Statute or Reference Additional Information
Dairy Manometers November 1, 2010 Wisconsin Act 44  
Fever Thermometers November 1, 2010 Wisconsin Act 44 Unless prescribed by a practitioner
Measuring Devices November 1, 2010 Wisconsin Act 44 Unless required under federal law or the only mercury-added component is a button cell battery
Novelty Items November 1, 2010 Wisconsin Act 44 Unless the only component is a button cell battery
Switches & Relays November 1, 2010 Wisconsin Act 44 Unless the component in a larger product is in use prior to the effective date of the ban
Thermometers November 1, 2010 Wisconsin Act 44  
Thermostats November 1, 2010 Wisconsin Act 44  
Browse by State

 

To view other mercury-added product categories, click here: Browse by Product Category
To view mercury-added product bans and phase-outs for a specific state, click here: Browse by State

Where Can I Get More Information?
For more information on state specific mercury-added product sales bans and phase-out requirements, see the contact information located next to each state.

You can also contact IMERC if you have any questions about this guidance material and state mercury-added product bans:

IMERC
c/o NEWMOA
129 Portland Street, 6th floor
Boston, MA 02114
(617) 367-8558

 

 

Last Modified 02/10/2014

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