State Mercury-Added Labeling Guidelines

Mercury-Added Product Labeling for Connecticut, Louisiana, Maine, Massachusetts, New York, Rhode Island, Vermont, & Washington

The states of Connecticut, Louisiana, Maine, Massachusetts, Minnesota, New York¹, Rhode Island, Vermont, and Washington² prohibit the sale of mercury-added products unless they have a label indicating that the product contains mercury and information concerning proper disposal. The label must meet certain specified standards (standard labeling) regarding wording, size, location, visibility, and durability unless, the states have approved an alternative labeling to standard labeling that allows the manufacturer to vary from one or more of the specified standards.

What Products Require Labeling?

The labeling laws apply to any product that contains mercury, a mercury compound, or a component containing mercury if the mercury is intentionally added to the product (or component) for any reason. The types of mercury-added products that are regulated by individual states may vary. Mercury-added pharmaceuticals approved by the United States Food and Drug Administration are exempt from state labeling requirements.

The labeling requirements apply to mercury-added products sold at retail and wholesale outlets, through catalogs, and over the internet.

Who Must Label?

The manufacturer of the mercury-added product presumably is in the best position to label the product. However, importers and distributors may assume this responsibility if they choose. Retailers cannot "knowingly" sell a mercury-added product in CT, LA, MA, ME, MN, NY, RI, VT, and WA unless it is properly labeled, but are not required by law to affix labels to the product. Retailers, importers, and distributors of mercury-added products should contact the manufacturer to determine if it has met the states' labeling requirements.

How do I comply with the labeling laws?

To sell a mercury-added product in Vermont, you must submit a Certified Labeling Plan to the Vermont Department of Environmental Conservation (VT DEC). For clarification about the requirements for Certified Labeling Plan, contact: Karen Knaebel at (802) 241-3455, or go to www.mercvt.org. The labeling information you submit to VTDEC will be shared with the other states through IMERC. If your product is only sold in states other than Vermont, a certified labeling plan is not required.
If your product cannot be labeled according to the Vermont requirements, contact Adam Wienert, IMERC, (617) 367-8558 x307, .
If the only mercury-added component in your product is a button cell battery, labeling is required only if the product will be sold in Connecticut after July 12, 2005. You can comply with the Connecticut law by labeling the product insert (if any) and the product package according to the standard labeling requirements described below.

What are the "Standard Labeling" requirements for mercury-added products?

Labeling requirements generally mandate that a mercury-added product has a visible and durable label that indicates that it contains mercury and should be managed or disposed of properly. The states also require that the product packaging bear a label that is visible prior to purchase indicating that it contains mercury and should be managed or disposed of properly. A standard label is one that meets all the following specifications:

Is visible to the product user;
Is printed in English using 10 point font or larger;
Is mounted, engraved, molded, embossed, or otherwise affixed to the product using materials that are sufficiently durable to remain legible throughout the life of the product;
Bears the wording "contains mercury" or equivalent wording;
Label should state that the product cannot be placed in trash and must be recycled or disposed of as a hazardous waste.

Examples:

"Contains Mercury, Don't Put In Trash. Recycle or Dispose as Hazardous Waste"

"Contains Mercury, Dispose According to Local, State or Federal Laws"
"Contains Mercury, Dispose of Properly "
If the product incorporates a mercury-added component that is not visibly labeled in accordance with this standard, the label on the larger product must clearly identify the internal component, e.g., the [describe component] in this product contains mercury, dispose according to local, state, or federal law or some equivalent language indicated in sample wording above.
If the product is sold in packaging that obscures the label, the packaging also must be labeled such that the label:
- Is visible at the time of purchase;
- Bears the wording "contains mercury" in 10 point or larger font;
- Identifies the mercury-added component within the package (e.g., "lamp contains mercury" if the product is a light fixture that includes a fluorescent lamp); and
- Bears the wording "dispose according to local, state, or federal laws," "do not place in trash, dispose as a hazardous waste" or some equivalent wording;
If the product is offered for sale by catalog, telephone, or internet such that the label on the product or packaging is not visible at the time of purchase, the consumer must be made aware prior- to-purchase that there is intentionally-added mercury in the product by placing a label or other information provided in sales literature, web site pages, etc.

Other State Labeling Laws

Maryland and Oregon also have mercury-added product labeling laws. These states are not members of IMERC.

Oregon requires labeling for mercury-added thermostats ONLY and has approved the use of the following wording and symbol:
Contains Mercury, Manage Properly

How do You File a Labeling Plan with Vermont?

The VT DEC has prepared Forms for use in filing mercury product labeling plans. These Forms can be downloaded at http://www.mercvt.org/manreq/2005reqmts/clp.htm. There are two separate Forms: a Certified Labeling Plan Form and an Alternative Request Form. The Certified Labeling Plan Form is used if your label meets the standard labeling guidelines. The Alternative Request Form is used to seek VT DEC approval to vary from one or more of the standard labeling guidelines.

The VT DEC will notify you in writing if your Certified Labeling Plan meets Vermont's labeling requirements. The labeling information you submit to VT DEC will be shared with other states through IMERC.

Review and Approval of Alternative Labeling

If you have requested approval of alternatives for one or more products to Vermont's standard labeling guidelines, IMERC will facilitate review and discussion of the proposed alternatives to standard labeling by representatives from the other participating states as appropriate. This joint review process will help ensure that alternatives submitted for approval by a manufacturer will meet the labeling requirements in other states. Each member state involved in the multi-state review of alternatives will provide written confirmation to the manufacturer that alternatives will be approved in that particular state.

How Do I Renew an Alternative Labeling Plan?

Individual Alternative Labeling Plans must be renewed by March 1 every two years (on the even numbered years-2004, 2006, 2008, etc.) except the mercury-added lamp alternative labeling plans (#0257, #0258, and all other specific individual lamp approval numbers) renew every two years on the odd numbered years beginning on March 1, 2005 (i.e. 2007, 2009, 2011, etc.).

Requests for renewals of an alternative labeling plan should be submitted in writing six months prior to the renewal anniversary date to Vermont Department of Environmental Conservation, 103 South Main Street, Waterbury, VT 05671 attention: Karen Knaebel. To request renewal of an approved alternative labeling plan, submit a hard copy letter requesting the renewal for an additional term to IMERC and include the alternative plan number that was assigned by Vermont DEC to the plan.

A multi-state review of alternative plan renewal requests will be conducted through IMERC. However, each individual state will make a final determination about whether to grant the renewal request. Each state will respond to the applicant with their decision in writing.

More Information

For more information about labeling mercury-added products, contact Karen Knaebel (802) 241-3455 or

For information or about IMERC's role in review of alternative labeling requests, contact: Adam Wienert, (617) 367-8558 x307,

For information on the specific labeling requirements of the other states, contact the following individuals:
Connecticut: Tom Metzner, CT DEP (860) 424-3242,
Louisiana: Chris Piehler, LA DEQ (225) 219-3609,
Maine: Enid Mitnik, ME DEP (207) 287-8556,
Massachusetts: Lori Segall, MA DEP (617) 654-6595,
Minnesota: John Gilkeson, MN OEA (651) 215-0199,
New York: Peter Pettit, NYS DEC (518) 402-8705,
Rhode Island: Beverly Migliore, RI DEM (401) 222-4700 x7503,
Washington: Maria Victoria Peeler, WA DE, (360) 407-6704,

1. New York State is currently developing guidance for compliance with the state mercury-added product labeling requirements that were enacted in 2004 and go into effect July 12, 2005.

2. Washington State requires labeling of fluorescent lamps, only.

Last Modified 01/10/2008