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IMERC Guidance Materials Product Ban and Phase Out Information
 

 

State Mercury-Added Product Ban & Phase-out Guidance

Product Bans and Phase-Out Requirements for 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.

What Products Have 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

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.

State Sales Ban Exemption Process Statutory Exemptions Manufacturer Collection Requirement/Incentive
California Yes No   No
Connecticut Yes
Due to Mercury Content Restrictions
Yes 1. Motor vehicles manufactured prior to October 1, 2003.
2. ABS switches as replacement parts
No
Illinois Yes Yes If required under a federal law or contract specification. Yes
Manufacturer-paid incentive
Louisiana Yes
Due to Mercury Content Restrictions
Yes   Yes
Maine Yes Yes ABS switch replacements. Yes
Manufacturer-paid incentive
Massachusetts Yes Yes   Yes
Manufacturer-paid incentive
New Hampshire Yes
Included under bans for mercury switches
    No
New Jersey No N/A   Yes
Manufacturer-paid incentive
New York Yes No Components with less than 15 mg of mercury. No
North Carolina No N/A   Yes
State-paid incentive
Rhode Island Yes
Due to Mercury Content Restrictions
Yes   Yes
Manufacturer-paid incentive
Vermont Yes Yes   Yes
Sunsets 12/31/2017.
Washington Yes No   Yes
Per state MOU/state-paid incentive
Note: Arkansas, Indiana, Iowa, Maryland, New Jersey, Oregon, Texas, and Utah also have manufacturer collection requirements; incentives vary $0 to $5. These are not IMERC-member states.

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.

State Exemption Process Statutory Exemption Additional Information
Connecticut No    
Illinois Yes If required under a federal law or contract specification Zinc air batteries only.
Louisiana Yes    
Maine No    
Rhode Island Yes    

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.

State Exemption Process Statutory Exemption Additional Information
California No    
Connecticut No    
Illinois Yes If required under a federal law or contract specification Included under bans for measuring devices
Louisiana No    
Maine Yes   Included under bans for measuring devices
Minnesota No    
New Hampshire Yes   Included under bans for measuring devices
New York Yes    
Rhode Island Yes   Due to mercury content restrictions
Vermont Yes Licensed dairy service provider use to calibrate customers' manometers  
Note: Wisconsin also bans the sale of mercury-added dairy manometers, but is not a member of IMERC.

Dental Amalgam

Used in restorative work for filling teeth, dental amalgam is an alloy that contains silver, tin, copper, other metallic elements, and mercury, which typically makes up about 50 percent of the amalgam.

State Sales Ban Exemption Process Dental Amalgam Separators and/or Recycling Required
Connecticut No N/A Yes
Lousiana No N/A Yes
Maine No N/A Yes
Separators required
Massachusetts No N/A Yes
Separators required
Michigan No N/A Yes
Minnesota No No Yes
Separators required and recycling required
New Hampshire No N/A Yes
Recycling required
New York No N/A Yes
Separators required
Rhode Island No Yes Yes
Separators required
Vermont No N/A Yes
Washington No N/A Yes
Separators required

Diostats

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

State Exemption Process Statutory Exemption Additional Information
California No    
Connecticut Yes   Due to mercury content restrictions
Illinois Yes 1. If required under a federal law or contract specification.
2. Replacement diostats used in manufacturing or otherwise integrated and not physically separated from the larger product in use prior to July 1, 2007
Considered a mercury switch
Louisiana Yes Yes Due to mercury content restrictions
Maine Yes   Considered a mercury switch
Massachusetts Yes   Considered a mercury switch
Minnesota No Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.  
New Hampshire Yes   Considered a mercury switch
New York Yes   Considered a mercury switch
Rhode Island Yes   Due to mercury content restrictions

Elemental Mercury

Although technically elemental mercury is not considered a "mercury-added product", many IMERC states have provisions regulating its sale.

State Exemption Process Statutory Exemptions
Connecticut No Allowed only for medical, research or manufacturing purposes; requires a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Maine No Allowed for manufacturing or recycling purposes with the provision of a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Minnesota No Allowed for medical, dental, instructional, research, or manufacturing purposes; requires a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
New Hampshire No  
New York No  
Rhode Island No Only allowable for specific uses: medical, dental, or research purposes. Documentation from provider required for the recipient as well as the Department
Vermont No Only allowable use is for medical, manufacturing, or research with reporting requirements.
Washington No Sales of deliveries to immediate dangerous waste recycling facilities or treatment, storage, and disposal facilities as approved by the department and sales to research facilities, or industrial facilities that provide products or services to entities are exempt.

Fever Thermometers

A specific type of thermometer used for measuring body temperature.

State Exemption Process Statutory Exemptions
California Yes 1. If prescribed by a doctor, dentist, veterinarian, or podiatrist.
2. Digital thermometers that use a mercury oxide battery.
Connecticut No 1. Digital thermometers with removable button cell batteries.
2. If prescribed by a physician.
Illinois No 1. If sold to or used in a health care facility.
2. Does not include fever thermometers where a button cell battery is the only mercury-containing component.
Louisiana Yes If prescribed by a physician.
Maine Yes 1. If the use of the product is a federal requirement.
2. Does not apply to the resale of used measuring devices.
Massachusetts Yes If thermometer is determined to be medically necessary by a licensed physician or ordered by prescription.
Michigan No If the thermometer is sold or offered for promotion by a prescription.
Minnesota No If the only mercury is in a removable button-cell battery.
New Hampshire Yes If prescribed by a physician.
New Jersey Not  
New York No If the only mercury is in a removable button-cell battery.
Rhode Island Yes 1. Digital thermometers with removable buttoncell batteries.
2. If prescribed by a physician.
Vermont No  
Washington No If prescribed by a physician.
Note: Indiana, Maryland, Nebraska, Ohio, Oregon, and Wisconsin also ban the sale of mercury-added fever thermometers. These are not IMERC-member states.

Lamps

This category includes all types of lighting that may contain mercury, such as fluorescent lamps, high-intensity discharge lamps, and neon signs, unless otherwise noted.

State Sales Ban Exemption Process Stautory Exemptions Manufacturer Collection Requirement
California Yes
General purpose lamps only
Due to Mercury Content Restrictions
No Excludes the following specialty lighting: appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant. No
Connecticut Yes
Due to Mercury Content Restrictions
Yes 1. Products that contain mercry-containing lamps for backlighting that are not easily removed by the purchaser.
2. Specialized lighting used in the entertainment industry, such as metal halide lights used in stadiums.
No
Lousiana Yes
Due to Mercury Content Restrictions
Yes   No
Maine Yes
Due to Mercury Content Restrictions or lack of collection plan
No Defers to California yes
Massachusetts No N/A   Yes
Rhode Island Yes
Due to Mercury Content Restrictions
Yes 1. High intensity discharge lamps, including metal halide, high pressure sodium, and mercury vapor lamps.
2. Fluorescent lamps with less than 10mg of mercury.
No
Vermont Yes
Neon lamps only
Yes Replacement lamps allowed if product in use prior to January 1, 2007. Yes
Washington No N/A   Yes

Measuring Devices

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

State Exemption Process Statutory Exemption Additional Information
California Yes 1. Required by federal law or federal contract specification.
2. If the only mercury-added component is a button-cell battery.
 
Connecticut Yes   Due to mercury content restrictions
Illinois Yes If required under a federal law or contract specification. Includes pressure transducers and sensors.
Louisiana Yes   Due to mercury content restrictions
Maine Yes If the use of the product is a federal requirement.
Does not apply to the resale of used measuring devices.

Massachusetts Yes    
Michigan No For home use and calibration of mercury-free devices in health care facilities, if deemed warranted. Esophageal dilators, bougie tubes, gastrointestinal tubes, and sphygmomanometers only
Minnesota No Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the commisioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component. Barometers, manometers, and pyrometers
New Hampshire Yes If the only mercury-added component is a button-cell battery.  
New York Yes 1. Replacement of certain products in use prior to January 1, 2006.
2. Resale of certain products manufactured before December 31, 2005.
The statutory exemptions listed here do not apply to sphygmomanometers.
Rhode Island Yes   Due to mercury content restrictions
Vermont Yes 1. Instruments and measuring devices where the only mercury-added component is a button cell battery.
2. Federally required uses of instruments and measuring devices.
 
Washington No   Sphygmomanometers and thermometers only
Note: Wisconsin also bans the sale of several mercy-added instruments and measuring devices, but is not a member of IMERC.

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.

State Mercury Content Exemption Process Statutory Exemption
California "General purpose lamps" with specified content No  
Connecticut Fabricated Products
> 100 mg
Yes 1. 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.
2. 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.
Formulated Products
> 50 ppm
Yes
Louisiana Fabricated Products
> 10 mg
Yes 1. Products that are required in order to comply with federal, state, or homeland security requirements.
2. 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.
Formulated Products
> 10 ppm
Yes
Maine General purpose lamps with specified content No  
Rhode Island Fabricated Products
> 10 mg
Yes 1. Mercury in products that is required in order to comply with federal or state health or safety requirements.
2. Laboratory chemical standards.
Formulated Products
> 10 ppm
Yes

Miscellaneous

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

State Product Exemption Process Statutory Exemptions Additional Information
California Pressure Transducers Yes   Considered a mercury switch
Illinois Cosmetics No No  
Pressure Transducers Yes If required under a federal law or contract specification. Included under bans for measuring devices
Rings Yes If required under a federal law or contract specification.  
Seals Yes If required under a federal law or contract specification.  
Sensors Yes If required under a federal law or contract specification.  
Slip Ring Devices Yes If required under a federal law or contract specification. Considered a mercury switch
Wheel Weights No    
Maine Wheel Weights and Balancers No    
Pressure Transducers Yes   Considered a mercury switch
Slip Ring Devices Yes   Considered a mercury switch
Minnesota Cosmetics No    
Pharmaceuticals
Cosmetics
No    
Pressure Transducers Yes Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of Minnesota Pollution Control Agency within 30 days of purchasing a replacement component. Considered a mercury switch
New York Components in Automobiles with > 15 mg of mercury No    
Vermont Neon Signs No Replacement lamps allowed if product in use prior to January 1, 2007  

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.

State Exemption Process Statutory Exemptions Additional Information
California No    
Connecticut No   Due to mercury content restrictions
Illinois No Does not apply if only mercury is from a non-zinc air button cell battery.  
Louisiana No   Due to mercury content restrictions
Minnesota No    
New Hampshire No    
New York No    
Rhode Island No   Due to mercury content restrictions
Vermont No A novelty incorporating one or more button cell batteries or lamps as its only mercury-added components  
Washington No    
Note: Indiana, Ohio, Oregon, and Wisconsin also ban the sale of certain mercury-added novelty items. These are not IMERC-member states.

Switches and 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 Switchesand Diostats are switches used in specific applications and are listed separately.

State Exemption Process Statutory Exemption Additional Information
California Yes 1. 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.
2. Mercury switches or relays that contain less than 1 mg of mercury if the switch or relay manufacturer notifies the state of their intention to operate under the exemption.
3. 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.
4. No technically feasible alternative, at a reasonable cost.

Includes pressure transducers

Connecticut Yes   Due to mercury content restrictions
Illinois Yes 1. Federally required uses of mercury-added switches and relays.
2. 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.
3. Mercury-added switches and relays used at electric generating facilities or in medical diagnostic equipment regulated under the Federal Food, Drug and Cosmetic Act.

See Illinois’ broader definition of a mercury switch.

Includes rotating electrical connectors
Louisiana Yes   Due to mercury content restrictions
Maine Yes 1. 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.
2. If the use of the product is a federal requirement.
3. Does not apply to the resale of used switches or relays.

See Maine’s broader definition of a mercury switch.

Massachusetts Yes 1. 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.
2. 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.
 
Minnesota Yes 1. Replacement parts for industrial measurement and control systems allowed only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.
2. Will accept exemption requests that are approved by another state.
Includes pressure transducers
New Hampshire 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.

Includes automobile switches

New York No 1. Replacement switches and relays that are components of a larger product in use prior to January 1, 2008.
2. Resale of switches and relays manufactured before December 31, 2007.
 
Rhode Island Yes   Due to mercury content restrictions
Vermont 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 - provided that the owner of the equipment has made every reasonable effort to determine no compatible non-mercury replacement component exists. See Vermont's policy regarding the definition of a mercury switch
Note: Wisconsin also bans the sale of mercury-added switches and relays, but is not a member of IMERC.

Thermometers

A mercury thermometer is used for measuring temperature. Fever Thermometers are used specifically to measure a person's body temperature and are listed separately.

State Exemption Process Statutory Exemption Additional Information
California Yes 1. Required by federal law or federal contract specification.
2. If the only mercury-added component is a button-cell battery.
Included under bans for measuring devices
Connecticut Yes   Due to mercury content restrictions
Illinois Yes If required under a federal law or contract specification.  
Louisiana Yes If prescribed by a physician. Due to mercury content restrictions
Maine Yes 1. If use of the product is a federal requirement.
2. Does not cover the sale of used measuring devices.
 
Michigan No If required by state or federal statute, regulation, or administrative rule or thermometers used for pharmaceutical research purposes.  
Minnesota No Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.  
New Hampshire Yes If use of the product is a federal requirement.  
New York Yes    
Rhode Island Yes   Due to mercury content restrictions
Vermont Yes If the only mercury-added component is a button-cell battery.  
Washington No Thermometers used in food processing facilities.  

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 Sales Ban Exemption Process Statutory Exemption Manufacturer Collection Program Requirement
California Yes Yes    
Connecticut Yes
Due to mercury content restrictions
Yes   Yes
Illinois Yes Yes If required under a federal law or contract specification. Yes
Louisiana Yes
Due to mercury content restrictions
Yes   Yes
Maine Yes Yes See mercury switches and relays. Yes
Massachusetts Yes Yes   Yes
Michigan Yes No If the thermostat is a replacement of an existing thermostat that is a component of an appliance. No
Minnesota Yes No Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component. Yes
New Hampshire Yes Yes Replacement thermostat that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury component exists. Yes
New York Yes Yes   Yes
Rhode Island Yes
Due to mercury content restrictions
Yes   Yes
Vermont Yes No   Yes
Note: Iowa, Maryland, Monatana, Ohio, Oregon, Pennsylvania, and Wisconsin also ban the sale of mercury-added thermostats and/or require manufacturer collection programs. These are not IMERC-member states.

What States Have 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

California

Contact: Clyde West, (916) 445-2959 or
California Department of Toxic Substances Control
Hazardous Waste Management Program
1001 "I" Street, 11th Floor
P.O. Box 806
Sacramento, CA 95812-0806
Product Exemption Process Statutory Exemptions
Auto Switches No  
Diostats No  
Fever Thermometers Yes 1. If prescribed by a doctor, dentist, veterinarian, or podiatrist.
2. Digital thermometers that use a mercury oxide battery.
Measuring Devices Yes 1. Required by federal law or federal contract specification.
2. If the only mercury-added component is a button-cell battery.
Novelty Items No  
Switches and Relays Yes 1. 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.
2. Mercury switches or relays that contain less than 1 mg of mercury if the switch or relay manufacturer notifies the state of their intention to operate under the exemption.
3. 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.
4. No technically feasible alternative, at a reasonable cost.
Thermometers Yes 1. Required by federal law or federal contract specification.
2. If the only mercury-added component is a button-cell battery.
Thermostats Yes  

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
Product Exemption Process Statutory Exemptions
Button-cell Batteries No  
Dairy Manometers No  
Elemental Mercury No Allowed only for medical, research or manufacturing purposes; requires a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Fever Thermometers No Digiatl thermometers with removable button cell batteries.
If prescribed by a physician.

Fabricated Products > 100 mg


Formulated Products > 250 ppm

Yes 1. 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.
2. 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.
3. Products that contain mercury-containing lamps for backlighting that are not easily removed by the purchaser.
4. Specialized lighting used in the entertainment industry, such as metal halide lights used in stadiums.

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
Product Exemption Process Statutory Exemptions
Automobile Switches Yes If required under a federal law or contract specification.
Button-cell Batteries Yes If required under a federal law or contract specification.
Cosmetics No If required under a federal law or contract specification.
Dairy Manometers Yes If required under a federal law or contract specification.
Diostats Yes If required under a federal law or contract specification.
Fever Thermometers No 1. If sold or used in a health care facility.
2. Does not include fever thermometers where a button cell battery is the only mercury-containing component.
Measuring Devices Yes If required under a federal law or contract specification.
Novelty Items No Does not apply if only mercury is from non-zinc air button cell battery.
Pressure Transducers Yes If required under a federal law or contract specification.
Rings Yes If required under a federal law or contract specification.
Seals Yes If required under a federal law or contract specification.
Sensors Yes If required under a federal law or contract specification.
Slip Ring Devices No If required under a federal law or contract specification.
Switches and Relays Yes 1. Federally required uses of mercury-added switches and relays
2. 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
3. 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 Yes If required under a federal law or contract specification.
Thermostats Yes If required under a federal law or contract specification.
Wheel Weights No  

Louisiana

Contact: Albert Hindrichs, (225) 219-4054 or
Louisiana Department of Environmental Quality
602 N. Fifth Street
Baton Rouge, LA 70802
Product Exemption Process Statutory Exemptions
Dairy Manometers No  
Fever Thermometers Yes If prescribed by a physician.
Novelty Items No  

Fabricated Products > 10 mg


Formulated Products > 10 ppm

Yes 1. Products that are required in order to comply with federal, state, or homeland security requirements.
2. 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.

Maine

Contact: Enid Mitnik, (270) 287-8556 or
Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333-0017
Product Exemption Process Statutory Exemptions
Automobile Switches Yes ABS switch replacements.
Button-cell Batteries No  
Dairy Manometers Yes See 1 and 2 under Measuring Devices.
Diostats Yes See 1, 2, and 3 under Switches and Relays.
Elemental Mercury No Allowed for manufacturing or recylcing purposes with the provision of a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Fever Thermometer Yes 1. If the use of the product is a federal requirement.
2. Does not apply to the reslae of used emasuring devices.
Measuring devices Yes 1. If the use of the product is a federal requirement.
2. Does not apply to the reslae of used emasuring devices.
Pressure Transducers Yes See 1, 2, and 3 under Switches and Relays.
Slip Ring Devices Yes See 1, 2, and 3 under Switches and Relays.
Switches and Relays Yes 1. If the use of the product is a federal requirement.
2. 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.
3. Does not apply to the resale of used switches and relays.
Thermometers Yes See 1 and 2 under Measuring Devices
Thermostats Yes See 1, 2, and 3 under Switches and Relays.
Wheel Weights No  

Massachusetts

Contact: John Reinhardt, (617) 292-5667 or
Massachusetts Department of Environmental Protection
One Winter Street
Boston, MA 02108
Product Exemption Process Statutory Exemptions*
Automobile Switches Yes  
Fever Thermometers Yes If thermometer is determined to be medically necessary by a licensed physician or ordered by prescription.
Measuring Devices Yes  
Switches and Relays Yes 1. 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.
2. 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 Yes  
*Additional Statutory Phase-Out Exemptions: federally required use of the product; formulated products that are cosmetic or pharmaceutical products subject to the regulatory requirements of the Federal Food and Drug Administration relating to mercury.

Michigan

Contact: Joy Taylor Morgan, (517) 284-6765 or
Michigan Department of Natural Resources and Environment
P.O. Box 30457
Lansing, MI 48909
Product Exemption Process Statutory Exemptions
Fever Thermometers No If the thermometer is sold or offered for promotion by a prescription
Measuring Devices No For home use and calibration of mercury-free devices in health care facilities, if deemed warranted
Thermometers No If required by state or federal statute, regulation, or administrative rule or thermometers used for pharmaceutical research purpose
Thermostats No If the thermostat is a replacement of an existing thermostat that is a component of an appliance

Minnesota

Contact: John Gilkeson, (651) 757-2391 or
Minnesota Pollution Control Agency
Prevention and Assistance Division
520 Lafayette Rd. N.
St. Paul, MN 55155
Product Exemption Process Statutory Exemptions
Cosmetics No  
Dairy Manometers No  
Diostats No See 1 under Switches and Relays
Elemental Mercury No Allowed for medical, dental, instructional, research, or manufacturing purposes; requires a material safety data sheet and signed statement acknowledging toxicity and disposal prohibition.
Fever Thermometers No  
Measuring Devices No See 1 under Switches and Relays.
Includes barometers, manometers, pyrometers
Novelty Items No  
Over-the-Counter Human Pharmaceuticals No  
Pressure Transducers Yes See 1 and 2 under Switches and Relays
Switches and Relays Yes 1. Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.
2. Will accept exemption requests that are approved by another IMERC member state.
Thermometers No See 1 and 2 under Switches and Relays
Thermostats No See 1 and 2 under Switches and Relays

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
Product Exemption Process Statutory Exemptions*
Fever Thermometers Yes  
Measuring Devices Yes Includes dairy manometers
Novelty Items No  
Switches and Relays 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.
Includes automobile switches.
Thermometers Yes  
Thermostats 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: federally required use of the product.

New Jersey

Contact: Robin Heston, (609) 984-4643 or
New Jersey Department of Environmental Protection
401 East State Street
Trenton, NJ 08625
Product Exemption Process Statutory Exemptions
Fever Thermometers No  

New York

Contact: Peter Van Erp, (518) 402-8706 or
New York State Department of Environmental Conservation
Division of Solid and Hazardous Materials
625 Broadway
Albany, NY 12233-7250
Product Exemption Process Statutory Exemptions*
Diostats No  
Fever Thermometers No If the only mercury is in a removable button-cell battery
Measuring Devices No 1. Replacement of certain products in use prior to January 1, 2006.
2. Resale of certain products manufactured before December 31, 2005.
Novelty Items No  
Switches and Relays No 1. Replacement switches and relays that are components of a larger product in use prior to January 1, 2008.
2. Resale of switches and relays manufactured before December 31, 2007.
Thermometers Yes  
Thermostats Yes  
*Additional Statutory Phase-Out Exemptions: federally required use of the product.

North Carolina

Contact: Jim Gilreath, (919) 628-3638 or
North Carolina Department of Environmental & Natural Resources
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
*North Carolina does not ban automobile switches but does have a mandatory manufacturer collection requirement.

Rhode Island

Contact: Beverly Migliore, (401) 222-4700 or
Rhode Island Department of Environmental Management
235 Promenade Street
Providence, RI 02908
Product Exemption Process Statutory Exemptions
Button-cell Batteries Yes  
Fever Thermometers Yes  
Novelty Items No  

Fabricated Products > 10 mg


Formulated Products > 10 ppm

Yes 1. Mercury in products that is required in order to comply with federal or state health or safety requirements.
2. Laboratory chemical standards.

Vermont

Contact: Karen Knaebel, (802) 522-5736 or
Vermont Department of Environmental Conservation
Waste Management and Prevention Division
1 National Life Drive, Davis 1
Montpelier, VT 05620-3704

Product Exemption Process Statutory Exemptions
Dairy Manometers No  
Elemental Mercury No Only allowable use medical, manufacturing, or research with reporting requirements.
Fever Thermometers No If the only mercury is in a removable button-cell battery
Measuring Devices Yes 1. Instruments and measuring devices where the only mercury-added component is a button cell battery
2. Federally required uses of instruments and measuring devices.
Neon Signs Yes Replacement lamps for signs in use prior to January 1, 2007.
Novelty Items No A novelty incorporating one or more button cell batteries or lamps as its only mercury-added component.
Switches and Relays 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 Yes  
Thermostats No  

Washington

Contact: Ian Wesley, (360) 407-6747 or
Washington Department of Ecology
Hazardous Waste and Toxic Reduction Programs
P.O. Box 47600
Olympia, WA 98504-7600
Product Exemption Process Statutory Exemptions
Automobile Switches No  
Elemental Mercury No Sales or deliveries to immediate dangerous wate recycling facilities or treatment, storage, and disposal facilities as approved by the department and sales to research facilities, or industrial facilities that provide products or services to entities are exempt.
Fever Thermometers No If prescribed by a physician.
Measuring Devices No Sphygmomanometers only.
Novelty Items No  
Thermometers No Thermometers used in food processing facilities.

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.

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.

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.

For more information about phase-outs and bans for mercury-added products, including information about phase-out exemptions, contact

 

 

Last Modified 07/08/2015

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