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 June 2011

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:

• California
• Maine
• Rhode Island (See Section 13)

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
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: Adriana Ortegon, (916) 323-6044 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
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: Chris Piehler, (225) 219-3609 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: Maggie Fields, (517) 335-6250 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

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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

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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

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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

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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

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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: Maria Victoria Peeler, (360) 407-6704 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

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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: