State Mercury-Added Product Ban Guidance

Guidance on Compliance with Product Bans for Mercury-added Products Sold & Distributed in the United States

Updated May 2009

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 in the United States. Throughout this document text that is highlighted in green indicates that the material is hyperlinked to other web pages providing additional information and guidance on that topic.

For more information on IMERC member state mercury products legislation see www.newmoa.org/prevention/mercury/modelleg.cfm.

States participating in the Interstate Mercury Education and Reduction Clearinghouse (IMERC) are coordinating their mercury reduction initiatives to:

• promote consistency among the states in implementing product bans, and
• provide a single point of contact for manufacturers.

IMERC was established by state environmental officials from Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont to help them implement laws and programs aimed at reducing mercury in consumer products, the waste stream, and the environment. The State of Washington joined IMERC in 2003, followed by Illinois in 2004. California, Minnesota, and North Carolina joined IMERC in 2005-2006 and Louisiana joined in 2007. IMERC is a program of the Northeast Waste Management Officials' Association (NEWMOA). For more information on IMERC see: http://www.newmoa.org/prevention/mercury/imerc/IMERCBroch.pdf

What Is a Mercury-added Product?

A mercury-added product is a product, a commodity, a chemical, a product with one or more components, or a product that cannot function without the use of that component, that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. 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.

If you are a manufacturer, distributor, or importer of a fabricated mercury-added product as defined above, you need to review this guidance material to determine whether there are product bans that apply to you. These requirements are described in detail in this guidance material.

Why Are the States Banning the Sale of Mercury-Added Products?

The purpose of 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 Are Banned?

Sales bans are in place for mercury fever thermometers and other types of thermometers, thermostats, automotive switches, manometers, switches and relays, instruments and measuring devices, and mercury-added novelties. See the below table for details on product sales bans in particular states.

Mercury-added Product Phase-outs may also apply to the products your company makes and/or distributes. The difference between a mercury-added product sales ban and a mercury-added product sales phase-out is that some exemptions are allowed under a product phase-out. For more information on state mercury-added product sales phase-outs go to: http://www.newmoa.org/prevention/mercury/imerc/phaseoutinfo.cfm

What Are the States' Mercury-Added Product Bans?

Product bans for the IMERC member states of California, Connecticut, Illinois, Louisiana, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Washington, and Vermont are included in the following table.

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Mercury-Added Product Bans in IMERC States
Product	Compliance Dates	What's Banned	Product Definitions
Mercury Fever Thermometers
California	July 1, 2002	All mercury fever thermometers except those authorized by prescription or sold or supplied by licensed medical professionals	Mercury fever thermometer means a mercury-added product that is used for measuring body temperature; does not include a digital thermometer that uses mercuric oxide button cell batteries
Connecticut	January 1, 2003	All mercury fever thermometers except those authorized by prescription; exempted thermometers must be sold with notice of mercury content and instructions on safe handling and proper cleanup	A mercury-added product used for measuring body temperature; digital thermometers with removable button cell batteries containing mercury not included
Illinois	July 1, 2004	All mercury fever thermometers including those provided in hospital new baby gift packs; exempts mercury fever thermometers sold to, or used in, a health care facility	Any device containing liquid mercury wherein the liquid mercury is used to measure the internal body temperature of a person
Louisiana	January 1, 2007	All mercury fever thermometers except those authorized by prescription; those sold by prescription must be supplied with clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should breakage occur	A mercury-added product used for measuring body temperature
Maine	January 1, 2002	All mercury fever thermometers except those authorized by prescription; those sold by prescription must be supplied with clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should breakage occur	A mercury fever thermometer means a thermometer that contains mercury for the purpose of measuring body temperature, but does not include a thermometer containing mercury solely within a button cell battery
Massachusetts	February 21, 2002	All retail mercury fever thermometers sold or supplied, including online; exempts those required for medical necessity, as determined by a licensed physician, or by prescription	No definition in statute
Minnesota	June 1, 2001	Includes all mercury fever thermometers except electronic thermometers with button cell batteries	Not defined in statute
New Hampshire	July 1, 2002	All mercury fever thermometers except those authorized by prescription; those sold by prescription must be supplied with proper handling and cleanup instructions	A mercury-added product used for measuring body temperature
New Jersey	February 2005	All basal, rectal, and oral thermometers except those used for research and development, professional health care purposes, or for industrial, manufacturing, or commercial purposes	A device used for measuring temperature that contains mercury
New York	January 1, 2005	All mercury fever thermometers and mercury body thermometers except those authorized by prescription; exempted thermometers must be sold with notice of mercury content and instructions on safe handling, proper cleanup, and disposal	A mercury-added product that is used for measuring body temperature; digital thermometers with removable button cell batteries containing mercury not included
Rhode Island	January 1, 2002	All mercury fever thermometers except those authorized by prescription; those sold by prescription must be supplied with proper handling and cleanup instructions; also excludes digital thermometers utilizing mercury-added button cell batteries	Any device containing mercury in which the mercury is used to measure the internal body temperature of a person
Vermont	July 1, 2006	All fever thermometers, except thermometers with a mercury-added button cell battery	A mercury-added product that is used for measuring body temperature
Washington	January 1, 2006	All mercury fever thermometers except those (1) provided by prescription, and these thermometers must be accompanied with safe handling and cleanup instructions, and (2) thermometers sold or distributed to a hospital or a health care facility controlled by a hospital if the hospital has adopted a plan for mercury reduction consistent with the Washington Departments of Ecology and Health Mercury Chemical Action Plan goals	A mercury-added product that is used for measuring body temperature
Other Mercury Thermometers
Caifornia	July 1, 2006	Cannot sell, offer for sale, or distribute for promotional purposes any mercury-added thermometer	Statute does not provide definition
Illinois	July 1, 2008	Restricts the sale of thermometers that contain elemental mercury	Not defined in statute
Maine	July 1, 2006	Sale of mercury thermometers of any type is banned unless the use is a federal requirement or the only mercury component is a button cell battery	Not defined in statute or rule
Minnesota	June 1, 2001	Includes all mercury thermometers except those (1) used for food research and development or processing, (2) that are a component of an animal agriculture climate control system or industrial measurement system, until the system is replaced or a non-mercury component is available, (3) used for calibration of other thermometers, apparatus or equipment unless a nonmercury calibration standard is approved by the National Institute of Standards and Technology, and (4) electronic thermometers with button cell batteries	Not defined in statute
New Hampshire	January 1, 2008	Restricts the sale of thermometers that contain elemental mercury	Not defined in statute
Vermont	January 1, 2007	Restricts the sale of thermometers that contain elemental mercury (other than mercury fever thermometers)	Not defined in statute
Washington	January 1, 2006	Includes all mercury thermometers except (1) electronic thermometers with a button cell battery containing mercury, (2) mercury thermometers used for food research and development or processing, including meat, dairy products, and pet food processing, (3) mercury thermometers that are a component of an animal agriculture climate control system or industrial measurement system or for veterinary medicine, until the system is replaced or a nonmercury component for the system is available, and (4) mercury thermometers used for calibration of other equipment, unless a nonmercury calibration standard is approved by the National Institute of Standards & Technology	A mercury-added product that is used for measuring temperature
Mercury-Added Thermostats
Maine	January 1, 2006	Includes all mercury-added thermostats except those used by a blind or visually impaired person and those used to sense and control temperature as part of a manufacturing process; allows for exemptions filed by January 1, 2003	A product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning
Minnesota	August 1, 2007	Bans sale, distribution, installation, or reinstallation of mercury thermostats, excluding those used to sense and control temperature as part of a manufacturing process	A product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning
Vermont	July 1, 2006	All thermostats used for the control of space heating or cooling	No definition provided in statute
Instruments & Measuring Devices
Connecticut	July 1, 2003	Dairy manometers	A dairy manometer is an instrument containing mercury that is used to measure the pressure in milk lines
Louisiana	July 1, 2007	Dairy and natural gas manometers	Statute does not provide definitions
Maine	January 1, 2002	Dairy manometers	A mercury-containing manometer used in milking machines on dairy farms
Minnesota	June 30, 1997	Mercury manometers for use on dairy farms may not be sold or installed, or repaired; all manometers must be removed from dairy farms after December 31, 2000	Manometer not defined in statute or rule
Minnesota	August 1, 2007	Sphygmomanometers, esophageal dilators, bougie tubes, gastrointestinal tubes, feeding tubes, or similar gastrointestinal devices	No definition in statute
Minnesota	January 1, 2008	Barometers, manometers, and pyrometers	Mercury-containing devices used for measuring atmospheric pressure or for measuring pressure of liquids and gases or a mercury-containing device used for measuring the temperature of extremely hot materials, individually or as part of another product
New York	January 1, 2006	Includes barometers, esophageal dilators, bougie tubes or gastrointestinal tubes, flow meters, hygrometers or psychrometers, and pyrometers; excludes instruments that are a component in a larger product in use prior to January 1, 2006, and the resale of instruments manufactured before December 31, 2005	All listed instruments are mercury-added consumer products used for the following specific purposes: a barometer measures atmospheric pressure; an esophageal dilator or bougie tube is a long flexible tube that is passed down a patient's esophagus to dilate a narrowed area; a flow meter measures the flow or quantity of a moving fluid or gas; a hygrometer or psychrometer measures the water vapor content of air; a pyrometer measures the temperature of extremely hot materials
New York	January 1, 2007	All mercury-added manometers and hydrometers except those used to replace a product that is a component in a larger product in use prior to January 1, 2007, or the resale of a manometer or a hydrometer manufactured before December 31, 2006	A manometer is a mercury-added consumer product used for measuring the pressure of liquids and gasses; a hydrometer measures the specific gravity of a liquid
New York	April 17, 2009	Sphygmomanometers; excludes an instrument that is a component of a larger product in use prior to January 1, 2008 or a resale manufactured before January 1, 2008; excludes if the use is a federal requirement	A sphygmomanometer measures blood pressure in the arteries
Vermont	January 1, 2006	Includes all dairy manometers	No definition provided in statute
Washington	January 1, 2006	Manometers measuring blood pressure, excluding (1) manometers sold or distributed to a hospital or a health care facility controlled by a hospital if the hospital has adopted a plan for mercury reduction consistent with the Washington Departments of Ecology and Health Mercury Chemical Action Plan goals, (2) manometers used for calibration of other equipment, unless a nonmercury calibration standard is approved by the National Institute of Standards & Technology	A mercury-added product used for measuring blood pressure
Mercury-Added Auto Switches & Other Components
California	January 1, 2005	Vehicles with mercury-containing vehicle light switches may not be sold	Any motor vehicle light switch found in the hood or trunk of a motor vehicle that contains mercury
Illinois	April 24, 2006	Vehicle recyclers, crushers, and metal recyclers must maintain certain records and make reports regarding mercury switches removed; as of June 24, 2006 manufacturers of vehicles containing mercury switches must begin a mercury switch collection program to facilitate removal of mercury switches from end-of-life vehicles	Each mercury-containing capsule or mercury-containing switch assembly that is part of a convenience light switch assembly of part of an anti-lock braking system assembly installed in a vehicle; an anti-lock braking system assembly may contain more than one mercury switch
Maine	January 1, 2003	Sale of motor vehicles manufactured after January 1, 2003 banned if the vehicle contains a mercury switch of any type unless an exemption is obtained from the Maine Commissioner of Environmental Protection	A mercury-added product that opens or closes an electrical circuit, such as a switch used to turn a light bulb or lamp on and off
Massachusetts	January 1, 2007	Motor vehicles containing one or more mercury-added switches may not be sold or distributed; mercury-added vehicle switches may not be offered for installation in motor vehicles; existing mercury-added switches requiring replacement must be replaced with a non-mercury alternative in available; mercury-added components must be removed from end-of-life vehicles prior to crushing	A switch installed in a motor vehicle containing mercury, including, but not limited to, light switches and anti-lock braking systems
New York	January 1, 2008 (auto switches)	Includes mercury switches sold individually or as a product component; excludes replacememnt switches that are components of a larger product in use prior to January 1, 2008, or the resale of a product that was manufactured before December 31, 2007.	A mercury-added consumer product or device that opens or closes an electrical circuit or gas valve.
New York	January 1, 2011 (components greater than 15 milligrams)	Model Year 2012 motor vehicles sold after January 1, 2011 cannot have a mercury-added component with greater than 15 milligrams of mercury	A motor vehicle component that contains greater than 15 milligrams of mercury, which was intentionally added to such vehicles in order to provide a specific characterstic, appearance or quality, to perform a specific function, or for any other purpose; such components shall include, but not be limited to, switches, sensors, lights and navigational systems
Washington	January 1, 2006	No motor vehicles may be sold or distributed in the state with mercury switches	An automotive mercury switch includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems
Mercury-Added Novelties
California	January 1, 2003	No mercury-added novelties may be sold or distributed for promotional purposes	See definition of novelty
Connecticut	July 1, 2003	No mercury-added novelties may be sold or distributed for promotional purposes except those with removable button cell batteries	See definition of novelty
Illinois	July 1, 2004	No mercury-added novelties may be sold or distributed for promotional purposes unless the mercury is solely within a button-cell battery or fluorescent light bulb	See definition of novelty
Louisiana	July 1, 2007	No mercury-added novelties may be sold or distributed for promotional purposes unless the mercury is solely within a button-cell battery or fluorescent light bulb	See definition of novelty
Minnesota	June 1, 2001	Toys and games containing mercury may not be sold, nor clothing containing mercury switch	See definition of novelty
New Hampshire	January 1, 2002	No mercury-added novelties may be sold or distributed for promotional purposes	See definition of novelty
New York	January 1, 2005	No mercury-added novelties may be sold or distributed for promotional purposes; a product with solely a light screen display or a mercury containing battery is not necessarily a novelty product	See definition of novelty
Rhode Island	January 1, 2003	No mercury-added novelties may be sold or distributed for promotional purposes	See definition of novelty
Vermont	July 1, 2006	No mercury-added novelties may be sold or distributed for promotional purposes, except for novelties containing button cell batteries or lamps as their only mercury components	See definition of novelty
Washington	January 1, 2006	No mercury-added novelties may be sold or distributed for promotional except for games, toys, or other products requiring a button-cell or lithium battery, liquid crystal display screen or a lamp that contains mercury	See definition of novelty
Mercury-Added Switches & Relays
California	January 1, 2008	Includes new or refurbished mercury diostats, or a new or refurbished oven or gas range containing a mercury diostat Mercury switches and relays are also banned for sale after July 1, 2006 but manufacturers may apply for exemptions	A mercury switch that controls a gas valve in an oven or oven portion of a range
Illinois	July 1, 2007	Includes mercury switches and relays sold individually or as a product component; excludes switches and relays used (1) in medical diagnostic equipment regulated under the Food, Drug and Cosmetic Act; (2) at electric generating facilities; (3) in thermostats to sense and control room temperature; or (4) required under federal law or federal contract specifications; also excluded are replacement switches and relays for a product in use prior to July 1, 2007 if the larger product is used in manufacturing, or the switch or relay is not physically separate from other components in the larger product	A product or device, containing mercury added during its manufacture, that opens or closes an electrical circuit or gas valve, including, but not limited to, mercury float switches, tilt switches, pressure switches, temperature switches and mercury flame sensors
Maine	July 1, 2006	Includes mercury switches and relays sold individually or as a product component; excludes replacement switches and relays for a product in use prior to July 1, 2006 if: (1) the larger product is used in manufacturing (2) the switch or relay is not physically separate from other components in the larger product	A mercury switch is a mercury-added product that opens or closes an electrical circuit or gas valve; a mercury relay is a mercury-added product that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit
Massachusetts	May 1, 2009	Bans the sale or offers to sell or distribute a mercury switch or mercury relay, individually or as a product component; does not apply if the mercury switch or relay is a component in a larger product in use before May 1, 2009, there is no mercury-free alternative product available for the component and one (1) of the following applies: 1) the larger product is used in manufacturing; or 2) the switch or relay is integrated and not physically separate from other components of the larger product; manufacturers can apply for exemptions	a mercury switch is a mercury-added product that opens or closes an electrical circuit or gas valve
Minnesota	August 1, 2007	Bans the sale or offers to sell or distribute a mercury switch or mercury relay, individually or as a product component	A mercury relay means a product or device that opens or closes electrical contacts, including, but not limited to, mercury displacement relays, wetted reed relays, and contact relays. A mercury switch means a product that opens or closes an electrical circuit or gas valve, including but not limited to, mercury float switches, tilt switches, pressure switches, temperature switches, and flame sensors. A mercury switch does not include a mercury-added thermostat or diostat
Minnesota	January 1, 2008	Bans the sale or offers to sell or distribute a new gas oven, range, or stove containing a mercury-added diostat	A mercury diostat means a switch that controls a gas valve in an oven or overn portion of a gas range or stove
New York	January 1, 2008	Includes mercury switches and relays sold individually or as a product component; includes mercury float, tilt, pressure, and temperature switches; includes mercury displacement and contact relays; excludes replacement switches and relays that are components of a larger product in use prior to January 1, 2008, or the resale of a product that was manufactured before December 31, 2007	A mercury switch is a mercury-added consumer product that opens or closes an electrical circuit or gas valve; a mercury relay is a mercury-added product that opens or closes electrical contacts to affect the operation of other devices in the same or another electrical circuit
Vermont	January 1, 2007	Restricts the sale of mercury-added switches and relays	Not defined in statute
Pharmaceuticals & Cosmetics
Minnesota	January 1, 2008	Bans the sale or offers to sell or distribute in the state for human use an over-the counter pharmaceutical product containing mercury and a cosmetic, toiletry, or fragrance product containing mercury	No definition in statute

Mercury-Added Product Novelty Definition:
A 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.

Product bans for other non-IMERC member states (i.e., Indiana, Iowa, Maryland, Michigan, Ohio, and Oregon) are summarized in the following table.

Where Can I Get More Information?

For more information on state specific Mercury-added Product Bans, including how to apply for exemptions, visit the following websites:

• California - http://www.dtsc.ca.gov/HazardousWaste/Mercury/
• Connecticut - http://www.ct.gov/dep/cwp/view.asp?a=2708&q=324018&depNav_GID=1638
• Illinois - http://www.epa.state.il.us/mercury/mercury-illinois.html
• Louisiana - http://www.deq.louisiana.gov/portal/tabid/287/Default.aspx
• Maine - http://www.maine.gov/dep/mercury
• Massachusetts - http://www.mass.gov/dep/toxics/stypes/hgres.htm
• Minnesota - http://www.pca.state.mn.us/air/mercury.html
• New Hampshire - http://www.des.state.nh.us/nhppp/Mercury/index.asp?link=leg
• New Jersey - http://www.nj.gov/dep/dsr/mercury_task_force.htm
• New York - http://www.dec.ny.gov/chemical/8853.html
• North Carolina - http://www.enr.state.nc.us/html/tchnicalassist.html
• Rhode Island - http://www.dem.ri.gov/topics/mercury.htm
• Vermont - http://www.mercvt.org/manreq/bans.htm
• Washington - http://www.ecy.wa.gov/mercury/

Or contact the following individuals at the appropriate state environmental agency:

California Department of Toxic Substances Control
Headquarters- 1001 I Street
P.O. Box 806
Sacramento, CA 95812-0806
Contact: Jessie Schnell, 916-323-7367 or

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

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

Louisiana Department of Environmental Quality
602 N.Fifth Street
Baton Rouge, LA 70802
Contact: Chris Piehler, 225-219-3609 or

Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333-0017
Contact: John James, 207-287-7866 or
Contact: Enid Mitnik, 207-287-8556 or

Massachusetts Department of Environmental Protection
Bureau of Waste Prevention
One Winter Street, 9th Floor
Boston, MA 02108
Contact: Mark Smith, 617-292-5509 or
Contact: Jordan Macy, 617-292-5805 or

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

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

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

New York State Department of Environmental Conservation
Division of Solid and Hazardous Materials
625 Broadway
Albany, NY 12233-7253
Contact: Peter Pettit, 518-402-8705 or

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

Rhode Island Department of Environmental Management
235 Promenade Street
Providence, RI 02908
Contact: Ron Gagnon, 401-222-4700 (x7500) or
Contact: Beverly Migliore, 401-222-4700 (x7503) or

Vermont Department of Environmental Conservation
103 South Main Street
Waterbury, VT 05671-0411
Contact: Gary Gulka, 802-241-3626 or

Washington Department of Ecology
Environmental Assessment Program
P.O. Box 47600
Olympia, WA 98504-7600
Contact: Maria Victoria Peeler, 360-407-6704 or

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