Status of Local, State and Federal Mercury Product Legislation and Laws
2003-2004 Legislative Sessions
The regulation of mercury in products at the state and federal level is increasing rapidly. A good summary of existing state and federal laws as of the fall of 2001 on mercury product legislation is found in Appendix A of a draft report on mercury by the California Department of Toxic Substances Control, and found on the Internet at http://www.dtsc.ca.gov/HazardousWaste/HWMP_REP_DraftMercury2.pdf. as well as in the National Wildlife Federation report, “Getting Serious”, found on the Internet at (www.nwf.org/cleantherain). Local ordinances and state laws are also available at http://www.noharm.org/index.cfm?page_ID=14#local, which is part of the web page of Health Care Without Harm. Also, this author can be contacted for a list of mercury product legislation from the 2001-2002 sessions.
For mercury product legislation currently under consideration, the following is a summary of the bills that this compiler has found, along with their status and web page links. While the goal is to be complete, it is known that there are other measures – especially at local government levels – that have been missed.
This compilation does not includes legislation to limit the emission of mercury from combustion processes or legislation on mercury consumption advisories.
HB 143. This bill would prohibit
the use of a device that is a mercury alloy intended for use as a dental
amalgam if the device contains approximately 50 percent mercury on children
less than 18 years of age, pregnant women, or lactating women. The bill would
provide that the device could not be administered to any consumer without a
warning that the product contains mercury. Introduced on
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
HB 665 would require dentists to provide information
to their patients on mercury and mercury amalgam. Referred to
the Committee on Health, where the last action was on
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
SB 316 is identical to HB 143. Introduced
on
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
SB 496 would require a dentist to make certain
disclosures of information about mercury or mercury amalgam; and to provide
penalties for violations. Referred to the Committee on
Children, Youth Affairs, and Human Resources. Introduced on
http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
In the second session of the 46th Legislature, one bill on mercury in
products has been introduced.
HB 2697 would require dentists to provide disclosure on mercury amalgam
fillings. Introduced on
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=hb2697
http://www.azleg.state.az.us/legtext/46leg/2r/bills/hb2697o.asp
In the first session, two bills were introduced, as follows.
HB 2467 would prohibit the use of mercury amalgam fillings in certain
situations, including children under 18, nursing mothers or pregnant women. In
addition, dentists would need to provide information to their patients on the
advantages and disadvantages of mercury fillings. Assigned to
Human Services Committee which voted 5-3 to adopt on
http://www.azleg.state.az.us/legtext/46leg/1r/bills/hb2467p.htm
http://www.azleg.state.az.us/legtext/46leg/1r/summary/h.hb2467_02-12-03_hs.doc.htm
http://www.azleg.state.az.us/legtext/46leg/1r/bills/hb2467o.asp
SB 1186 would ban the use of outdoor mercury vapor
lighting after
http://www.azleg.state.az.us/legtext/46leg/1r/bills/sb1186p.htm
http://www.azleg.state.az.us/legtext/46leg/1r/bills/sb1186o.asp
The 2003 regular session has adjourned without final
passage of the two bills introduced on mercury in products. No mercury bills
have been introduced in the special session.
HB 1282 would have prohibited the sale or installation of outdoor
mercury vapor lighting as of
http://www.arkleg.state.ar.us/ftproot/bills/2003/public/hb1282/hb1282-012920031250.rtf
http://www.arkleg.state.ar.us/2003/scripts/ablr/bills/bills.asp?billno=HB1282
HB 1309 is known as the “Mercury Poisoning Reduction
Act” would require manufacturers of mercury-containing products to provide
information on these products to the state, require these products to be
labeled, ban the sale of mercury fever thermometers except by prescription, ban
the purchase of elemental mercury or mercury laboratory equipment in schools (with
an exception for lab thermometers for which no substitute is available), ban
the sale of mercury containing novelties, ban the landfilling of labeled
products, require municipal and regional solid waste facilities to develop
mercury collection programs, and require the establishment of mercury public
education programs. Introduced
http://www.arkleg.state.ar.us/ftproot/bills/2003/public/hb1309/hb1309-112620021319.pdf
http://www.arkleg.state.ar.us/
http://www.arkleg.state.ar.us/2003/scripts/ablr/bills/bills.asp?billno=HB1309
ü
AB 455, the “Toxics in Packaging Prevention Act” would prohibit the
intentional introduction and limit the incidental use of mercury and three
other heavy metals in packaging after
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_455&sess=CUR&house=B&author=chu
AB 611 would require the installation of dental amalgam
separators by
ü
AB 999, as amended, would allow the state
medical insurance program (Medi-Cal) for those on public assistance and certain
other low-income people to pay for alternatives to mercury amalgam
restorations. Alternatives provided for are composite resin, glass ionomer
cement and resin ionomer cement. The provider of an alternative will be
reimbursed at the same rate as for amalgam restorations. Adopted by both
houses, enrolled and sent to the Governor on
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_999&sess=CUR&house=B&author=jerome_horton
AB 1255 would require the Department of Toxic
Substances Control to include a list of sources of mercury in products in a
report due to the Legislature on
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1255&sess=CUR&house=B&author=levine
AB
1699, known as the “Mercury Recycling Enhancement Act of 2003” would prohibit any person,
after
AB 2901 would require the recycling
of cell phones, in part due to the presence of mercury in the phones.
Introduced on
http://www.leginfo.ca.gov/bilinfo.html
http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2901_bill_20040220_introduced.pdf
AB 2943 is known as the “Mercury
Pollution Prevention Act of 2004” and would prohibit the sale of products with
added mercury beginning in 2006 at a level of 1,000 milligrams per product,
becoming increasing restrictive to a level of 10 milligrams after January 1,
2008. Exemptions would be provide for fluorescent lamps, those products for
which added mercury is essential to comply with federal or state health or
safety standards and those products for which a manufacturer applies for and
receives an exemption, which would include a system for the collection and
proper processing of the product at the end of its useful life. Products with
mercury sold after 2006 would also need to be label to indicate the presence of
mercury.
It
has been substantially amended to only cover mercury-containing vaccines, and would require, that on and
after
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_2943&sess=CUR&house=B&author=pavley
http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2943_bill_20040220_introduced.pdf
ü
SB 20 would set up an electronics recycling program, in part due to the
presence of mercury within electronic products. Adopted by both houses,
enrolled and sent to the Governor, who signed it into law on
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_20&sess=CUR&house=B&author=sher
SB
511 This bill
would enact the California Mercury Lamp Recycling Act of 2004 and would require
every manufacturer of a mercury-containing fluorescent lamp sold in the state
to submit a plan, by June 30, 2004, to the department that ensures, by January
1, 2006, that all mercury-containing lamps sold by that manufacturer will be
collected, transported, and recycled in accordance with all applicable state
laws. In Committee on Appropriations; hearing was held
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_511&sess=CUR&house=B&author=figueroa
SB
1180 would
enact the California Mercury Lamp Recycling Act of 2004 and would require a
retail purchaser who purchases a fluorescent lamp in this state to pay a
fluorescent lamp recycling fee to the retail seller. The bill would require the
Department of Toxic Substances Control to set the amount of the fluorescent
lamp recycling fee at an amount that is sufficient to pay for the cost of
recycling the fluorescent lamp. It has been adopted by the Senate and has been
recommended for passage by the Assembly Committee on Environmental Safety and
Toxic Materials, and referred to the Committee on Appropriations on
http://www.leginfo.ca.gov/pub/bill/sen/sb_1151-1200/sb_1180_bill_20040209_introduced.pdf
http://www.leginfo.ca.gov/pub/bill/sen/sb_1151-1200/sb_1180_bill_20040701_status.html
http://www.leginfo.ca.gov/pub/bill/sen/sb_1151-1200/sb_1180_bill_20040629_history.html
Senate
Joint Resolution 4 requests that the US Congress repeal language Homeland Security Act of
2002 that bars existing lawsuits by parents of children who allege that
products manufactured by Eli Lilly and Company and other pharmaceutical
companies led to their children’s health conditions from Thimerosal.
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sjr_4&sess=CUR&house=B&author=dunn
ü
HB 5528 would establish a working group, which
includes representatives of other northeastern states, to evaluate (1) the uses
of lamps with a mercury content of between 100 milligrams and one gram, and (2)
alternatives to those lamps, and make recommendations regarding the regulation
of lamps with a mercury content of between 100 milligrams and one gram by
January 1, 2005. Signed by the Governor May 24, 2004.
HB 5529 reestablishes two exemptions for certain packages and
packaging components that expired
1.
exceeds maximum concentration levels of lead, cadmium, mercury, or hexavalent
chromium only because of the addition or use of recycled materials and 2. is
reusable and has a controlled distribution and reuse but which exceeds the
incidental concentration levels of lead, cadmium, mercury, or hexavalent
chromium, if the manufacturer or distributor petitions the commissioner for an
exemption and the commissioner grants it. It also reestablishes, but limits to
reused packaging, the exemption for a package or packaging that exceeds
incidental contaminant levels for lead, cadmium, mercury, or hexavalent
chromium, if (1) the product, its transportation, or disposal is regulated by
specific state or federal regulations or (2) the commissioner grants an
exemption upon the packaging manufacturer shows it is warranted. It exempts,
until January 1, 2005, a glass or ceramic package or packaging component that
has a vitrified label, that does not exceed one part per million (ppm) for
cadmium, five ppm for hexavalent chromium, and five ppm for lead, when tested
according to the EPA's Toxicity Characteristic Leaching Procedures Test Method
and Publication SW 846, third edition, "Test Methods for Evaluating Solid
Waste. " By law, packages or packaging components in which lead, cadmium,
mercury, or hexavalent chromium have been added in the manufacturing or
distribution process are exempt if (1) there is no feasible alternative, (2)
the manufacturer has demonstrated to the commissioner that an exemption is
necessary, and (3) the commissioner grants an exemption. The exemption is good
for two years and may be extended for another two years. The bill extends this
exemption to the forming and printing process, and specifies that by feasible
alternative it means in most cases, technical constraints preclude the
substitution of other materials, rather than one for which no substitute
exists. The bill does not exempt any lead, cadmium, mercury, or hexavalent
chromium used for marketing purposes. In House Committee
on Planning and Development.
HB 6401 extends exemptions to the prohibitions
of certain toxics in packaging, including mercury. On
http://www.cga.state.ct.us/asp/menu/LegInfo.asp
ü
HB 6402 covers a wide range of
environmental improvement activities. It has had an amendment (LCO No. 6357)
which modifies the state’s requirement for the labeling of certain products
which contain mercury, including fever thermometers, autos, button cell
batteries, backlights, and products that have a mercury-containing component.
Adopted by both the House and the Senate (
ü
HB 6623 makes some technical revisions
for the labeling of high intensity lamps which contain mercury to allow
labeling of the package. Adopted into law as Public Act 03-123 on
ü
SB 1157 would require labeling of high
intensity lamps with mercury in them. It also has an amendment with the same
provisions that the amendment to HB 6402 provides. Became law as Public Act
03-276 on
ü HCR 64 is a
resolution which supports the Delaware Nurses Association sponsoring a mercury
thermometer exchange week. The resolution further encourages retail
establishments within the State to voluntarily stop stocking and selling
mercury thermometers. Adopted by House on
http://www.legis.state.de.us/Legislature.nsf/
ü SB 1534, in section
403.7192, prohibits the sale of alkaline manganese and zinc-carbon batteries
which have any intentionally added mercury and any mercury above 0.0004% by
weight, a reduction from previous law that placed the limit at 0.025%. Signed
into law on
http://www.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&BillNum=1534
SB 674 would set up a program for electronics disposal, including those
products that have mercury-containing lamps. Introduced
http://www.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&BillNum=0674
HB 442 would prohibit the use of mercury amalgam
fillings in women younger than 45 years old and men younger than 18 and require
that dentists provide patients information on the use of amalgam fillings. Had a second reading on
http://www.legis.state.ga.us/legis/2003_04/sum/hb442.htm
SB 29 directs department of health to adopt rules to establish a
cathode ray tube recycling program by July 1, 2008 Adopted unanimously by the
Senate on March 4, 2003, and sent to the House, where it was recommended by
Energy and Environmental Protection Committee and sent on to the Finance
Committee on March 20, 2003. On
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb29_.htm
http://www.capitol.hawaii.gov/site1/docs/getstatus2.asp?billno=SB29
SB 3163.
The purpose of this Act is to mandate the State's participation in the Network
campaign (such as NEPSI) through the development of an electronic products
stewardship advisory committee within the department of business, economic
development, and tourism to review and analyze current practices and develop a
plan for the purchase, use, and disposal of electronic products in a manner
that reduces the negative impacts of used electronic products on the environment.
Introduced on
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb3163_.htm
http://www.capitol.hawaii.gov/site1/docs/getstatus2.asp?billno=SB3163
2004 session
HB 5915 sets forth restrictions on the disposal of
waste electronics along with an electronics recycling program, in part due to
the presence of mercury. It is identical to SB 2570. Introduced
http://www.legis.state.il.us/legislation/93/hb/09300hb5915.htm
SB 2551.
The original bill provides that the Environmental Protection Agency may
participate in the establishment and implementation of a multi-state
clearinghouse to assist in carrying out the purpose of mercury reduction. Provides that beginning July 1, 2005,
no mercury-added product may be offered for final sale or use or distributed
for promotional purposes in the State without the prior written notification to
the Environmental Protection Agency by the manufacturer of the product. Sets forth the requirements for this notification. Set forth
restrictions on the purchase or sale of certain mercury-added products.
Provides that beginning July 1, 2006, no person may crush, shred, flatten, or
otherwise process a motor vehicle for scrap metal without first making a good
faith effort to remove any mercury light switches and mercury headlights. Provides that, on or before January 1, 2006,
the Pollution Control Board must modify its rules governing universal hazardous
waste as appropriate to promote the recycling, recovery, and proper management
of elemental mercury and mercury-added products on a statewide basis. Sets forth penalties for violations of this Act. Amends the Environmental Protection Act. Adds
"vehicle recycler" to the list of persons who may not knowingly
shred, scrap, dismantle, recycle, incinerate, handle, store, or otherwise
manage any white good that contains any white components. Provides that no
owner, operator, agent, employee of a junkyard or scrap dealership, or vehicle
recycler may knowingly shred, scrap, dismantle, recycle, incinerate, handle,
store, or otherwise manage any end-of-life motor vehicle that contains any
mercury-added component. Defines "vehicle recycler",
"end-of-life motor vehicle", and "mercury-added component".
It has been passed – after amendment—by
both houses and now amends the Environmental Protection Act. Defines "mercury relay" and "mercury switch".
Prohibits the following : (i) beginning July 1, 2005,
the purchase or acceptance, for use in a primary or secondary school classroom,
of bulk elemental mercury, chemicals containing mercury compounds, or
instructional equipment or materials containing mercury added during their
manufacture; and (ii) beginning July 1, 2007, the sale, offer to sell,
distribution, or offer to distribute a mercury switch or mercury relay
individually or as a product component. Excludes certain
products from these prohibitions. Requires the manufacturer of a mercury
switch or mercury relay or certain other products containing mercury to apply
to the Illinois Environmental Protection Agency for a 5-year exemption from
these prohibitions by
http://www.legis.state.il.us/legislation/93/sb/09300sb2551.htmhttp://www.legis.state.il.us/legislation/billstatus.asp?DocNum=2551&GAID=3&DocTypeID=SB&LegID=8913&SessionID=3