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
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
SB 316 is identical to HB 143. Introduced
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
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
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
SB 1186 would ban the use of outdoor mercury vapor
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
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
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
AB 611 would require the installation of dental amalgam
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
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
1699, known as the “Mercury Recycling Enhancement Act of 2003” would prohibit any person,
AB 2901 would require the recycling
of cell phones, in part due to the presence of mercury in the phones.
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.
has been substantially amended to only cover mercury-containing vaccines, and would require, that on and
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
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
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
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.
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
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 (
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
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
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
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
SB 674 would set up a program for electronics disposal, including those
products that have mercury-containing lamps. Introduced
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
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
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.
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
The original bill p
rovides 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
SB 2570 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 with HB 5915.
February 4, 2004and referred to the Environment and Energy Committee and re-referred to the Rules Committee on February 27, 2004.
HB 0411 and SB 0371 would prohibit the sale,
distribution and manufacture of mercury fever thermometers after
ü HB 1530 and SB 0351 prohibit
the sale, distribution and manufacture of mercury fever thermometers and
mercury-added novelty products after
HB 1165 would set up a Computer Equipment Disposal and Recycling Commission, with the bill noting the presence of mercury in computers. It has been adopted by both houses
and was sent to the Governor on
June 13, 2003. The Governor vetoed the bill on July 30, 2003and the bill has been placed on the Legislature’s veto calendar for November 4, 2003.
HB7300 is known as the mercury-free vehicle act. Provides that every manufacturer of vehicles sold within the State shall, individually or as part of a group, submit a plan to remove,
collect, and recover mercury switches to the Environmental Protection Agency for review and approval. Sets forth procedures for the removal, replacement, collection, and recovery of
vehicle mercury switches and for obtaining Agency approval. Provides that the total cost of the removal, replacement, collection, and recovery system for mercury switches shall be borne
by the manufacturer. Provides that no mercury-added component shall be included as part of a new vehicle offered for sale in the State. Introduced on
May 12, 2004and referred to
the Rules Committee.
HJR0083 Recommends the creation of the Joint Task Force on Mercury Vehicle Components to effectively recover and collect mercury components from motor vehicles in the
State. Introduced on
May 11, 2004, adopted by the House June 28, 2004and sent to the Senate on June 28, 2004, where it was sent to the Rules Committee.
SB 455 would prohibit the use of mercury amalgams in dental procedures for pregnant women and for children under 8 years in age. Re-referred to the Rules Committee on
March 14, 2003.
HB 1312 would allow solid waste districts to conduct
education and collection programs for mercury and mercury-containing products. Introduced on
HB 1300 would allow solid waste districts to conduct
education and collection programs for mercury and mercury-containing products.
HB 1674 would allow solid waste districts to conduct
education and collection programs for mercury and mercury-containing products.
HB 1839 would prohibit the sales or installation of
mercury-vapor lamps and require their removal by
ü SB 208 provides that solid waste management plans can provide for public education on mercury reuse and recycling and implement mercury collection programs. Adopted and signed into law.
ü SF 2209 prohibits the use of
more than a trace amount of mercury in immunizations for children under 8 years of age. Signed by Governor on
SB 141 would prohibit the use of mercury dental
restorations (with some exceptions) and the use of thimerosal in vaccinations
and require that health plans provide for coverage of non-mercury alternatives.
ü LD 1661 is an Act to Ban the
Sale of Novelties Containing Batteries with Mercury, but was modified to
instead require the Department of Environmental Protection to do studies on
mercury-containing and other batteries and report back to the Legislature by
ü LD 1901 would have required
manufactures of thermostats to establish at least 100 places within
LD 134 would have required that by
ü LD 385 is an act to change
the reporting requirements for the mercury switch removal program for motor
vehicles; the first report is now due
ü LD 697 would require the
ü LD 743 bans the incineration
and landfilling of electronic equipment, in part due to the mercury in these
products. The original bill would have required the elimination of mercury in
electronics sold in
ü LD 1159 is known as the “An Act to Reduce Mercury Use
in Measuring Devices and Switches”, with some exceptions, bans the sale of mercury
switches, relays and measuring devices as of
LD 1549, as originally introduced, provided revenue from a fee on
paints and related materials and pesticides to help fund municipal household
hazardous waste collection programs to help implement the state ban on the
disposal of mercury containing products, which is effective in January 2005.
The fee provisions were removed and DEP instead is directed to conduct a study
regarding ongoing sources of funding for HHW collection. The study is due
HB 136 would prohibit manufacturers and
retailers from selling, on or after April 1, 2006, specified products that
contain mercury unless a specified label is affixed to the product; exempting
specified products that contain mercury from the labeling and disposal
requirements; providing for specified information to be included on the label;
requiring a person with a specified number of fluorescent lamps to handle them
through reclamation facilities, on or after October 1, 2006, unless specified
conditions have been met; etc. Introduced on
HB 62 would require labeling of specific products
with mercury after
HB 348 would require each agency to purchase
environmental preferable products, with one goal to reduce mercury in the waste
stream Identical with SB 541. Adopted by the House with
SB 541 is the same as HB 348 above. Introduced
H 1165 would require owners of commercial,
industrial, institutional, governmental, and multi-residential properties of 6
units or more to establish recycling programs and to notify their tenants and
building occupants of programs for the collection of mercury-added waste
products, along with other specified materials. Referred to
the Committee on Natural Resources and Agriculture. Hearing scheduled
H 1906 is known as the “Mercury-Free Vehicle
Act of 2003” and would require manufacturers to establish programs to remove
and recover mercury-containing vehicle switches. It was introduced on
H 2482 would prohibit the disposal of
mercury-containing waste products as solid waste and promote and ensure the proper
collection, transportation and recycling and disposal of all mercury-containing
waste products with an emphasis on using existing systems to achieve these
ends. It was introduced on
H 3003 is known as the “Mercury-Free Vehicle Act of
2003” and would require manufacturers to establish programs to remove and
recover mercury-containing vehicle switches. It was introduced on
H 3521 would require dentists to install amalgam
separators that are demonstrated to remove at least 95% of the waste amalgam
containing mercury. Assigned to the Joint Committee on Health Care, which held
a hearing on
H 4517 is a new draft of H1906 and H3003, and designed to
eliminate mercury emissions from automobiles, but the text was not available on
the Internet. It has been recommended for adoption with changes and is now in
the House Science and Technology Committee as of
SB 692 and companion H 2482 are comprehensive
mercury product reduction bills, requiring manufacturers to report to the state
on the sales of mercury-added products, a phase-out of products with mercury, a
ban on the landfilling of mercury-added products and participation in a
multi-state mercury clearinghouse. Assigned to the Committee on Health Care and
then to the Committee on Natural Resources and Agriculture. Hearings were held
SB 1269 directs each city and town to develop a
Clean Sweep facility to be open at least one day a week and collect a wide
range of products, including fluorescent lamps, batteries and
mercury-containing products such as fluorescent bulbs, thermometers and
thermostats. Assigned to the Committee on Natural Resources
and Agriculture, which held a hearing on
SB 2131 had as it main purpose job creation and
maintenance, but would have established a sustainable business task force of
the commonwealth development coordinating council, with duties to include
establishing a one-stop-shop for Massachusetts businesses and non-profit
organizations to help them realize the economic benefits associated with
environmentally preferable business activities such as: recycling and waste
reduction; mitigating climate change; promoting environmentally preferable
products and reducing the use of mercury and toxics. Introduced on
HB 5956 would require that auto manufactures
establish programs by
SB 94 would prohibit the use of mercury in
The Legislature is adjourned until 2005 and none of the four bills were adopted.
HF 2123 is a companion to SF 1935
for the removal of mercury switches from automobiles. Introduced
HF 2602 is a companion to SF 1934
for the removal of mercury switches from automobiles. Introduced
Requiring motor vehicle manufacturers by a certain date to implement
individually or as a group a program to remove, collect and recover mercury
switches before crushing or shredding motor vehicles, specifying certain
program component requirements;
requiring manufacturers to bear the total cost of the collection
program; requiring manufacturers to submit a plan for the collection program to
the commissioner of the pollution control agency (PCA) for review and approval,
requiring subsequent periodic review; requiring manufacturer annual reports to
the commissioner relating to the performance of the plan; prohibiting
misrepresentation of the removal of mercury switches from motor vehicles;
providing for a phase out of mercury added components in motor vehicles,
providing for certain exemptions, specifying certain labeling requirements;
requiring manufacturers to design motor vehicles to limit hazardous substances;
modifying certain other provisions regulating mercury emissions for conformity
purposes. Introduced on
Requiring motor vehicle manufacturers by a certain date to implement
individually or as a group a program to remove, collect and recover
mercury switches before crushing or
shredding motor vehicles, specifying certain program component
requirements; requiring manufacturers to
bear the total cost of the collection program; requiring manufacturers to
submit a plan for the collection program to the commissioner of the pollution
control agency (PCA) for review and approval, requiring subsequent periodic
review; requiring manufacturer annual reports to the commissioner relating to
the performance of the plan; prohibiting misrepresentation of the removal of
mercury switches from motor vehicles; modifying certain other provisions regulating
mercury emissions for conformity purposes. Introduced on
HB 852 would prohibit the use of mercury in
vaccinations and dental restorations after
LB 1158 prohibits the use of mercury in
immunizations. Introduced on
ü LB 17 incorporates
provisions of LB 136 and prohibits the sale and distribution of liquid mercury
thermometers. Approved by the Governor
LB 136 would prohibit the sale and distribution of mercury fever thermometers. Advanced to the General File with Amendments to cover liquid mercury thermometers. The Nebraska Nurses Association is registered as supporters; there are no opponents registered.
LB 301 creates the Electronic Equipment Recycling Act, in part due to the mercury in this equipment. Advanced to the General File with Amendments. Supporters include 10 listings, while there 3 opponents listed, including the League of Nebraska Municipalities and the Nebraska Chapter of the Solid Waste Association of North America.
HB 366 is a comprehensive bill to reduce the use of mercury in products based on the NEWMOA model. Similar legislation was introduced last session, but was not adopted. This bill contains several modifications to last session’s bill. Adopted by the House, in the Senate Committee on Interstate Cooperation.
SB 185 would require vehicle manufacturers to set up
a program to recover mercury switches in automobiles, with an effective date of
SB 373 bans the disposal of mercury-containing
products into waste going to transfer stations, landfills and incinerators and
requires generators to separate out these products and either recycle them or
dispose of them as hazardous waste. Introduced on
In the 2004-2005 session, two bills on mercury in products have been introduced.
A2482 establishes a program for the
removal of mercury switches from scrapped vehicles. Introduced on
S1292 is a companion bill to A2482.
In the 2002-2003, one bill on mercury in products was introduced, but was not adopted.
S371 would ban the sale of all mercury thermometers.
It is the same as S2315 and A3250 from last session. Introduced
A05932 Enacts “The Mercury-Free
Water Resources and Mercury Reduction Management Strategy Act of 2003”
providing for: disclosure of mercury content, phase-out of mercury-added products, disposal
prohibition, labeling, source separation, collection, requirements for sewage
treatment plants, point source release containment traps, ban on sale or
distribution of certain mercury products, replacement of manometers and gas
pressure regulators (agriculture dept. to handle for dairy industry), regulates
dental use and bans health insurance discrimination therein, requires lamp
recycling; adds all mercury-added products to state universal waste rules;
provides for a state advisory committee on mercury pollution; provides for
penalties for violations. Referred to Environmental Conservation on
A06219 Prohibits the sale of
mercury fever thermometers. Referred to Environmental
A06259 Enacts the “mercury-free vehicle act of 2004” and requires automobile manufacturers to establish and implement plans which provides for the removal, replacement,
collection and recovery of mercury-added components from motor vehicles currently on the road or about to be scrapped; such plans shall be subject to the review and approval
of the commissioner of environmental conservation; requires mercury-added components to be removed from motor vehicles prior to recycling; requires manufacturers to phase-out
the use of mercury-added components in new cars; establishes civil penalties for violations; grants a preference to mercury-free vehicles in state purchasing. Referred to Environmental
January 7, 2004.
A06416 prohibits the use, purchase and storage of mercury and mercury instruments in schools; mercury instruments may continued to be used if no reasonably acceptable
mercury-free alternative is available, so long as the mercury instrument used has the lowest mercury content available; directs the commissioner of health to compile, produce and distribute
material advising schools of the hazards of elemental mercury and how to reduce such hazards. Referred to the Education Committee on
January 7, 2004.
A10051 requires the manufacturer of each mercury-added consumer product to conspicuously label each such product with notice that it must be properly disposed of or recycled;
prohibits the sale of any such product which is not so labeled; establishes requirements for the disposal and recycling of mercury-added consumer products; creates the advisory committee
on mercury pollution. Amended and adopted by the Assembly and sent to the Senate on
June 22, 2004. See S07399, which is identical to the amended version.
S03604 Prohibits the use of mercury-containing gauges and manometers and the sale of mercury-containing fever thermometers; defines terms; provides for civil penalties for
violations. Referred to Environmental Conservation Committee on
January 7, 2004.
S06457 is the same as A06416 and prohibits the use,
purchase and storage of mercury and mercury instruments in schools; mercury
instruments may continued to be used if no reasonably acceptable mercury-free
alternative is available, so long as the mercury instrument used has the lowest
mercury content available; directs the commissioner of health to compile,
produce and distribute material advising schools of the hazards of elemental
mercury and how to reduce such hazards. Referred to the
Education Committee on
S07399 is the same as A10051 as amended and requires the manufacturer of each mercury-added consumer product to conspicuously label each such product with notice that it must
be properly disposed of or recycled; prohibits the sale of any such product which is not so labeled; establishes requirements for the disposal and recycling of mercury-added consumer
products; creates the advisory committee on mercury pollution. It was introduced in June of 2004 and has been adopted by both houses.
HB 3395 requires person selling or distributing product containing
elemental mercury or mercury compounds to notify Director of Human Services. Prohibits sale of product containing elemental mercury or mercury compounds without label. Specifies contents of label. Requires catalog, telephone and Internet sellers of products containing elemental mercury or mercury
compounds to advise purchaser that product contains mercury. Requires manufacturer of product containing elemental mercury or mercury compounds to develop plan for recycling and
collection of product. Defines manufacturer. Specifies contents of plan. Requires report to Department of Environmental Quality on effectiveness of plan. Referred to Environment and Land
Use and subsequently referred to Ways & Means. Hearings held on
April 3, 2003and April 8, 2003.
SB 633 would establish a state
policy against the discharge of mercury into the waters or ground of
SB 681 Requires
written informed consent prior to procedure or treatment that uses
dental materials containing mercury. Prohibits use of dental
materials containing mercury in women of child-bearing age or in children.
Prohibits use of dental materials containing mercury in
people with metal orthodontic devices in their mouths. Prohibits use of dental materials containing mercury after
SB 695 directs the Department of Human Services to conduct a study of
mercury amalgam fillings in human teeth and environmental sources of mercury
ingestion. Directs Oregon Health and
SB 701 directs the Department of Environmental Quality to conduct study of methods that may be used to chemically treat solid waste that contains mercury. Referred to Agriculture
and Natural Resources Committee, then to Ways and Means Committee.
SB 818 Requires person selling or distributing product containing
elemental mercury or mercury compounds to notify Director of Human Services. Prohibits sale of product containing elemental mercury or mercury
compound without label. Specifies contents of label. Requires catalog, telephone
and Internet sellers of products containing elemental mercury or mercury
compounds to advise purchaser that product contains mercury. Requires manufacturer of
product containing elemental mercury or mercury compounds to develop plan for
recycling and collection of product. Defines
manufacturer. Specifies contents of plan.
Requires report to Department of Environmental Quality on effectiveness of plan.
Directs Environmental Quality Commission to identify persons
holding air quality or water quality permit that allows emission of more than
10 pounds of mercury per year. Directs identified persons to submit
mercury reduction plan to Department of Environmental Quality. Directs department to require reductions in mercury emissions under
certain conditions. Referred to Agriculture and
Natural Resources Committee, which held a hearing on
Senate Resolution 259 designated the week of May 3 through 9, 2004, as "Consumer Electronics Recycling Week" in
, in part due to the presence of mercury in Pennsylvania
electronics. Introduced and adopted,
May 3, 2004
SB 1173 would prohibit the sale of mercury thermometers. Introduced on
June 22, 2004and referred to Public Health and Welfare.
H 7179 This act would
establish the “Mercury-Free Vehicle Act.” Introduced
7527 This act would
require that producers of electronic waste be financially and environmentally
responsible for this waste and its disposal. Transferred to
House Finance Committee on
H 8639 is a resolution urging the
mercury reduction oversight commission to prevent mercury pollution from auto
S 2043 This
act would extend exemption dates for certain recycled packaging materials and
add language exempting certain glass or ceramic packaging components in
existing legislation that calls for the reduction of lead, mercury, cadmium and
hexavalent chromium in packaging or packaging materials used or sold within the
state. Added language explicitly states that this act would apply to any
packaging material produced domestically or in a foreign country. Introduced
S 2044 This act would
require by definition that a product, commodity, chemical, or a product with a
component containing ten (10) milligrams or more of mercury or a mercury
compound to qualify as a mercury-added product. . Introduced
S 2453 This act would
establish the “Mercury-Free Vehicle Act.” Introduced
S 3209 is a resolution urging the
mercury reduction oversight commission to prevent mercury pollution from auto
parts. Adopted by the Senate on
The 2003 session adopted two bills to modify the state’s Mercury Reduction and Education Act, H 6610 and S 0578Aaa.
H 5356, the “Mercury-Free Vehicle Act”, would
require vehicle manufacturers to develop and implement a plan to remove and
recover mercury switches with a minimum 90% capture rate. Introduced
H 6040 would modify existing statutes that put a fee on hard to dispose of materials by adding a 50¢ fee to fluorescent bulbs of any size and mandate that the state Resource Recovery Corporation set up a system to accept fluorescent lamps from all sources. Referred to Joint Environment & Energy, but later withdrawn by the request of the sponsor.
H 6149 modifies the state’s “Mercury Reduction and Education Act”. Referred to Health Education and Welfare, it is a companion bill to S 0029. Referred to Committee on Health, Education and Welfare, but later withdrawn by the request of the sponsor.
H 6196 would add fluorescent lamps to the definition of hard to dispose wastes and require the state Resource Recovery Corporation to set up a recycling program for them. Referred to Health, Education & Welfare Committee.
H 6197 would amend the state’s Mercury Reduction and Education Act, establishing requirements for the recycling of fluorescent lamps, with the state Resource Recovery Corporation to provide containers for the collection and recycling of fluorescents for any public building with more than 100 lamps. Referred to Health, Education & Welfare Committee.
ü H 6610 amends the state’s
Mercury Reduction and Education Act, changing the exemptions provided for
novelties containing mercury, providing more time to meet the standards, and
setting up a 14 person advisory committee which is to provide the Governor and
the Legislature with several reports with recommendations for reducing and
eliminating mercury hazards in
S 0029 would amend the mercury reduction and
education act by amending the definition of a “mercury-added product” to be
those products for which mercury was intentionally added in amounts of 10
milligrams or more. Introduced
S 0030 would extend exemption dates for the elimination
of mercury and other hazardous materials in packaging. Referred
to Senate Committee on Environment and Agriculture. On
S 0275 would establish the “Mercury-Free Vehicle
Act”, and is a companion to H 5356. There is no recorded action on this bill.
S 0578 would delay implementation of the state’s
mercury reduction program until the director of the state agency determines
that other states in the inter-state clearinghouse have adopted similar rules. Referred to Senate Committee on Environment and Agriculture.
S 0578 Substitute A as amended modifies the
state’s Mercury Reduction and Education Act, providing more time to meet the
standards, and setting up a 14 person advisory committee to provide the
Governor and the Legislature with several reports with recommendations for
reducing and eliminating mercury hazards in
S 0640 is known as the “Mercury-Free Vehicle Act”
and is identical with S 0275 and a companion to H 5356. Referred
to Senate Environment & Agriculture Committee. On
S 0851 is a resolution known as the “Mercury Safe
School Program”, in
which the Senate of the State of
S 0853, is known as the “Mercury-Free Vehicle Act”,
and is a companion to H 5356. Referred to Senate Environment
and Agriculture. On
ü H 5082 is a resolution to
S 0184 is a joint resolution to establish an electronic equipment recycling program within the Department of Commerce, based, in part, on the presence of mercury in this equipment.
January 8, 2004and r Referred to Committee on Agriculture and Natural Resources.
S 814 would ban the sale of mercury thermometers,
except by prescription. Introduced on
S 148 would set up an electronics recycling program, in part due to the mercury within the products. Introduced on January 14, 2003 and Referred to Committee on Agriculture and Natural Resources.
HB 221 and SB 1823 would prohibit the use of any
fertilizer which contains heavy metals, including mercury. The House bill was
HB 2679 is known as the Tennessee Electronic Waste
Recycling Act, in part due to presence of mercury in electronics. Introduced on
SB 1823 is a companion to HB 221 and would prohibit
the use of any fertilizer that has heavy metals, including mercury. It was
SB 2500 is the senate companion to HB 2679. It was
The Texas Legislature is adjourned. It adopted into law one bill on mercury-contained products.
HB 129 would regulate the sale and distribution of
mercury-containing products, including a ban on the sale of mercury fever
thermometers unless by prescription. Would also prohibit the
purchase of elemental and laboratory mercury-containing products in schools. Would establish a public education program on
mercury and require manufacturers to report to the state regarding
mercury-containing products. Introduced on
HB 963 Introduced on
HB 1891 requires the labeling of ingredients in drugs, including mercury and is a companion to SB 1400. In the Public Health Committee. House bill had been recommended for adoption without dissent. http://www.capitol.state.tx.us/tlo/billsrch/textsrch.htm
HB 2967 would establish a program for the safe
handling of electronic refuse, including a prohibition on the sale of equipment
with mercury in it. Referred to Environmental Regulation.
It is a companion to SB 1239. Both were left pending in committee as of
ü SB 1400 requires the
labeling of ingredients in drugs, including mercury and has become law,
S 0111 has the title of “Comprehensive Management of Human Exposure to Mercury “ and does the following: 1) after Jan. 1, 2005, bans the sale of mercury fever thermometers, mercury food thermometers or a mercury-containing thermostats for heating systems, 2) novelty items containing mercury are also banned from sale by July 1, 2005, with the exception of those items containing button batteries and lamps 3) dairy manometers using mercury are banned for sale after July 1, 2004, 4) source separation requirements and the ban on landfilling mercury are expanded beyond those products with labels and the products requiring labeling is expanded to include all mercury added products, except, of course those exempted. White goods are also required to be labeled, but not the packaging. Manufacturers are required to submit labeling plans for approval by DEC and can also apply for alternative to the requirements, 5) a landfill disposal monitoring program is required to detect the presence of mercury-containing products. Also required is a public education about landfill bans for mercury containing products, 6) Vermont dentists are required to follow Best Management Practices , 7) by Jan.1, 2005, the Vermont Department of Health is required to submit a report to the legislature, in consultation with the Vermont dental society, concerning dental mercury use, 8) mercury uses are banned in schools and no person is allowed to bring mercury into schools, 9) the Department of Environmental Conservation is required to develop a plan to identify resources needed to provide the necessary data to address several questions concerning mercury contaminated fish and submit such plan to the legislature in January 2005.Introduced February 20, 2003, adopted by Senate on February 12, 2004 and sent to the House, where it has been assigned to the Natural Resources and Energy Committee and has not had any action.
In the 2004 session, one bill has been introduced.
S 1106 would ban the sale of liquid fever
thermometers. Adopted by Senate 38-0. Referred to House
The Washington Legislature is adjourned for the year, and adopted two bills related to mercury, with both signed into law by the Governor.
HB 1002 was signed into law by its Governor, who
vetoed only the section that says that it is safe to eat the fish in the
region. Known as Chapter 260, Laws of 2003, it became
Requires the labeling of fluorescent lamps by
· Requires the Department of Health to develop a educational plan on mercury for schools, local governments, businesses and the public on the proper disposal method for mercury and mercury-containing products.
· Prohibits schools from purchasing mercury compounds and requires them to remove mercury by January 2006.
· Requires state government to purchase low and non-mercury-added products where feasible.
· Requires the Department of Ecology to petition the U.S. Environmental Protection Agency to create a permanent national repository for mercury.
· Bans the sale of mercury thermometers and blood pressure devices by January 2006, with some exceptions.
· Bans the sale of mercury-containing novelty items by January 2006.
· Bans the sale automobiles with mercury auto switches by January 2006.
· Bans the installation or reinstallation of mercury thermostats by January 2006 unless the manufacturer of the thermostat participates in a thermostat recycling program.
· Authorizes the Department of Ecology to participate in a regional or multi-state clearinghouse to help implement the requirements of this law.
· Exempts crematoria from any requirements of this law.
HB 1235, SB 5403 and substitute SB 5403 provide
for state supplemental operating appropriations and include a provision for the
Department of Ecology to develop plans for the reduction in the use of mercury
and its discharge to the environment. Signed by the Governor; effective
HB 1273 would require informed consent prior to using
mercury amalgam dental restorative material. Introduced on
HB 1942 is for the recovery of electronic
waste, and includes provisions for the removal and recovery of
mercury-containing devices as well as requiring that mercury not be used in
electronic products as of
SB 5066 is similar to HB 1273 and would require informed consent
prior to using mercury amalgam dental restorative material. Introduced on
SB 5124 is a companion to HB 1002. Introduced on
The regular session has its last floor period on
March 11, 2004and no further action is expected on any of the following state bills.
AB 23 would ban the sale of most mercury thermometers, similar to legislation adopted in
and Minnesota . Introduced Michigan February 5, 2003with 18 sponsors and referred to
the committee on Natural Resources http://www.legis.state.wi.us/2003/data/AB23hst.html
SB 10 is identical to AB 23 and the same 18 sponsors. Introduced on
January 23, 2003and referred to the committee on Environment and Natural Resources
AB 277 would prohibit a manufacturer, wholesaler, or retailer from selling, offering for sale, or giving away a mercury fever thermometer beginning on the first day of the seventh month after the bill is enacted. It has 17 sponsors and was referred to the Committee on Natural Resources. http://www.legis.state.wi.us/2003/data/AB277hst.html
877 would ban the landfilling of specified electronics, require the
manufacturers to set up recycling programs and ban the use of a variety of
toxic materials, including mercury. Introduced on
The City of
The City of
H. R. 1680 would prohibit after 2008 the
introduction into interstate commerce of mercury intended for use in a dental
filling, and for other purposes. Also designates mercury amalgam as misbranded
unless it has an extensive label describing the mercury content and recommended
limitations for its use. Six co-sponsors. Introduced on
H. R. 4169 would ban the use of thimerosal and
mercury in specified vaccinations. Introduced
H.R. 4260 is known as the Safe Communities and Safe
Schools Mercury Reduction Act of 2004, and would ban the sale of mercury thermometers
(except by prescription), require contractors who replace thermostats to
participate in thermostat recycling programs, require manufacturers of
thermostats to establish or participate in recycling programs for replaced
mercury thermostats, provide guidance for the elimination of free-flowing
mercury and mercury instruments in
schools, require the installation of advanced separators in dental offices and
provide $75 million annually in grants for mercury education, reduction,
collection, and recycling programs. Introduced on
S. 616 would ban the sale of mercury fever
thermometers, except by prescription; provide federal monies for state and
local thermometer exchange programs; and establish a federal task for setting
up plans for the long-term management of mercury, including options for
long-term storage and sequestration, and minimizing the use of mercury in
products. Has 10 co-sponsors; referred to Committee on Environment and Public
Works. Ordered to be reported without amendment favorably on
S. 1939 would require the Secretary of
Health and Human Services to ensure that the public is provided adequate notice
and education on the effects of exposure to mercury through the development of
health advisories and by requiring that such appropriate advisories be posted,
or made readily available, at all businesses that sell fresh, frozen, and
canned fish and seafood where the potential for mercury exposure exists.
Compiled by John Reindl