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State Mercury-Added Product Ban & Phase-Out Guidance

Mercury-added product sales bans and phase-out requirements are regulatory measures designed to eliminate non-essential uses of mercury in consumer, household, and commercial products, thereby mitigating the environmental and health hazards associated with their production, use, and disposal.

Sales bans are immediate prohibitions on the sale of specific mercury-containing products, effectively removing these items from the market as soon as a regulation takes effect.

Phase-out requirements define a timeline for gradually reducing and eventually ceasing the sale of mercury-added products.

Some states’ mercury restrictions include statutory exemptions for certain products or uses where no viable alternatives exist. For other products subject to phase-out requirements, manufacturers may be able to submit a phase-out exemption (or waiver) request if compliance would cause undue hardship or if no feasible alternatives are available. The criteria for these exemptions are typically outlined in the legislation and often vary significantly between states. It is also common for a state to require that collection plans be established for any mercury-added products that are granted exemptions from their phase-out requirements.

For your convenience, links to the text of state regulations and other agency-specific resources are posted here.

What Products Have Sales Bans and/or Phase-Outs?

This category covers mercury-added switches used in automobiles, such as convenience light switches and anti-lock brake (ABS) switches. Some states broadly define this product category as any vehicle switch that opens or closes an electrical circuit or gas valve.

State	Sales Ban	Exemption Process	Statutory Exemptions	Manufacturer Collection Requirement/Incentive
Connecticut	Yes Due to Mercury Content Restrictions	Yes	1. Motor vehicles manufactured prior to October 1, 2003. 2. ABS switches as replacement parts.	No
Louisiana	Yes Due to Mercury Content Restrictions	Yes		Yes
Maine	Yes	Yes	ABS switch replacements.	Yes Manufacturer-paid incentive
Massachusetts	Yes	Yes		Yes Manufacturer-paid incentive
New Hampshire	Yes Included under bans for mercury switches			No
New Jersey	No	N/A		Yes Manufacturer-paid incentive
New York	Yes	No	Components with less than 15 mg. of mercury.	No
North Carolina	No	N/A		Yes State-paid incentive
Rhode Island	Yes Due to Mercury Content Restrictions	Yes		Yes Manufacturer-paid incentive
Vermont	Yes	Yes		Yes Sunsets 12/31/2017.
Washington	Yes	No		Yes Per state MOU/state-paid incentive

Note: Arkansas, California, Illinois, Indiana, Iowa, Maryland, Oregon, Texas, and Utah also have mercury switch collection requirements; incentives vary $0 to $5. These are not IMERC member states.

This category includes mercury-added zinc air, silver oxide, and alkaline manganese oxide button-cell batteries sold individually or as a component in another product.

State	Exemption Process	Statutory Exemption	Additional Information
Connecticut	No
Louisiana	Yes
Maine	No
Rhode Island	Yes

Note: Illinois also bans the sale of mercury-added zinc-air button-cell batteries, but is no longer a member of IMERC.

A specific type of mercury-added manometer that is used to measure the pressure in milk lines or in milking machines on dairy farms.

State	Exemption Process	Statutory Exemption	Additional Information
Connecticut	No
Louisiana	No
Maine	Yes		Included under bans for measuring devices
Minnesota	No
New Hampshire	Yes		Included under bans for measuring devices
New York	Yes
Rhode Island	Yes		Due to mercury content restrictions
Vermont	Yes	Licensed dairy service provider use to calibrate customers’ manometers.

Note: California, Illinois, and Wisconsin also ban the sale of mercury-added dairy manometers, but are not members of IMERC.

Used in restorative work for filling teeth, dental amalgam is an alloy that contains silver, tin, copper, other metallic elements, and mercury, which typically makes up about 50 percent of the amalgam.

State	Sales Ban	Exemption Process	Dental Amalgam Separators and/or Recycling Required
Connecticut	No Amalgam is not included in the definition of “mercury-added product”	N/A	Yes Separators required
Louisiana	No Amalgam is not included in the definition of “mercury-added product”	N/A	No
Maine	No	N/A	Yes Separators required
Massachusetts	No	N/A	Yes Separators required
Michigan	No	N/A	Yes
Minnesota	No	No	Yes Separators required and recycling required
New Hampshire	No	N/A	Yes Recycling required
New Jersey	No	N/A	Yes Separators required
New York	No	N/A	Yes Separators required
North Carolina	No	N/A	No
Rhode Island	No	N/A	Yes Separators required
Vermont	No	N/A	Yes
Washington	No	N/A	Yes Separators required

A specific type of mercury switch that controls a gas valve in an oven or oven portion of a gas range or stove.

State	Exemption Process	Statutory Exemption	Additional Information
Connecticut	Yes		Due to mercury content restrictions
Louisiana	Yes	Yes	Due to mercury content restrictions
Maine	Yes		Considered a mercury switch
Massachusetts	Yes		Considered a mercury switch
Minnesota	No	Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.
New Hampshire	Yes		Considered a mercury switch
New York	Yes		Considered a mercury switch
Rhode Island	Yes		Due to mercury content restrictions

Note: Caljfornia and Illinois also ban the sale of mercury-added diostats, but are no longer members of IMERC.

Although technically elemental mercury is not considered a “mercury-added product”, many IMERC states have provisions regulating its sale.

State	Exemption Process	Statutory Exemptions
Connecticut	No	Allowed only for medical, research or manufacturing purposes; requires a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Louisiana	No	Only allowable for specific uses: medical, dental, research, or manufacturing purposes.
Maine	No	Allowed for manufacturing or recycling purposes with the provision of a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Minnesota	No	Sale allowed for recycling and manufacturing purposes. Can be sold for medical, dental amalgam dispose caps, or research if additional requirements are met.
New Hampshire	No	Only allowable for specific uses: medical, dental, research, or manufacturing purposes. Anyone selling or distributing elemental mercury must sign a statement certifying that the recipient will meet certain conditions.
New York	No	The sale of elemental mercury, except for specific research, dental and manufacturing uses is prohibited.
Rhode Island	No	Only allowable for specific uses: medical, dental, or research purposes. Documentation from provider required for the recipient as well as the Department.
Vermont	No	Only allowable use is for medical, manufacturing, or research with reporting requirements.
Washington	No	Sales of deliveries to immediate dangerous waste recycling facilities or treatment, storage, and disposal facilities as approved by the department and sales to research facilities, or industrial facilities that provide products or services to entities are exempt.

A specific type of thermometer used for measuring body temperature.

State	Exemption Process	Statutory Exemptions
Connecticut	No	1. Digital thermometers with removable button cell batteries. 2. If prescribed by a physician.
Louisiana	Yes	If prescribed by a physician.
Maine	Yes	1. If the use of the product is a federal requirement. 2. Does not apply to the resale of used measuring devices.
Massachusetts	Yes	If thermometer is determined to be medically necessary by a licensed physician or ordered by prescription.
Michigan	No	If the thermometer is sold or offered for promotion by a prescription.
Minnesota	No	If the only mercury is in a removable button-cell battery.
New Hampshire	Yes	If prescribed by a physician.
New Jersey	Not
New York	No	If the only mercury is in a removable button-cell battery.
Rhode Island	Yes	1. Digital thermometers with removable button cell batteries. 2. If prescribed by a physician.
Vermont	No
Washington	No	If prescribed by a physician.

Note: California, Illinois, Indiana, Maryland, Nebraska, Ohio, Oregon, and Wisconsin also ban the sale of mercury-added fever thermometers. These are not IMERC-member states.

This category includes all types of lighting that may contain mercury, such as fluorescent lamps, high-intensity discharge lamps, and neon signs, unless otherwise noted.

State	Sales Ban	Exemption Process	Statutory Exemptions	Manufacturer Collection Requirement
Connecticut	Yes Due to Mercury Content Restrictions	Yes	1. Products that contain mercury-containing lamps for backlighting that are not easily removed by the purchaser. 2. Specialized lighting used in the entertainment industry, such as metal halide lights used in stadiums.	No
Louisiana	Yes Due to Mercury Content Restrictions	Yes		No
Massachusetts	No	N/A		Yes
Rhode Island	Yes Due to Mercury Content Restrictions	Yes	1. High intensity discharge lamps, including metal halide, high pressure sodium, and mercury vapor lamps. 2. Fluorescent lamps with less than 10mg of mercury.	No
Vermont	Yes Neon lamps only	Yes	Replacement lamps allowed if product in use prior to January 1, 2007.	Yes
Washington	No	N/A		Yes

This category includes: barometers, bougie tubes, esophageal dilators, feeding tubes, flow meters, gastrointestinal tubes, hydrometers, hygrometers, manometers, pyrometers, psychrometers, and sphygmomanometers, unless otherwise noted. Dairy Manometers, Fever Thermometers, and other Thermometers (e.g., laboratory) are listed separately.

State	Exemption Process	Statutory Exemption	Additional Information
Connecticut	Yes		Due to mercury content restrictions
Louisiana	Yes		Due to mercury content restrictions
Maine	Yes	If the use of the product is a federal requirement. Does not apply to the resale of used measuring devices.
Massachusetts	Yes
Michigan	No	For home use and calibration of mercury-free devices in health care facilities, if deemed warranted.	Esophageal dilators, bougie tubes, gastrointestinal tubes, and sphygmomanometers only
Minnesota	No	Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.	Barometers, manometers, and pyrometers
New Hampshire	Yes	If the only mercury-added component is a button-cell battery.
New York	Yes	1. Replacement of certain products in use prior to January 1, 2006. 2. Resale of certain products manufactured before December 31, 2005.	The statutory exemptions listed here do not apply to sphygmomanometers.
Rhode Island	Yes		Due to mercury content restrictions
Vermont	Yes	1. Instruments and measuring devices where the only mercury-added component is a button cell battery. 2. Federally required uses of instruments and measuring devices.
Washington	No		Sphygmomanometers and thermometers only

Note: California, Illinois, and Wisconsin also ban the sale of several mercy-added instruments and measuring devices, but are not members of IMERC.

This category applies to the states of Connecticut, Louisiana, and Rhode Island. These states require phase-out of the sale of mercury-added products according to the amount of mercury the products contain.

State

Mercury Content

Exemption Process

Statutory Exemption

Connecticut

Fabricated Products
> 100 mg.

Yes

1. A pharmaceutical, pharmaceutical product, biological product, or substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act.
2. Any mercury-added product with a code, date of manufacture, or which it can be otherwise demonstrated that it was manufactured prior to the effective dates.

Formulated Products
> 50 ppm

Yes

Louisiana

Fabricated Products
> 10 mg.

Yes

1. Products that are required in order to comply with federal, state, or homeland security requirements.
2. Products with a code or date of manufacture indicating the products were manufactured prior to the effective dates, or that are meant to service products manufactured prior to the effective date.

Formulated Products
> 10 ppm

Yes

Rhode Island

Fabricated Products
> 10 mg.

Yes

1. Mercury in products that is required in order to comply with federal or state health or safety requirements.
2. Laboratory chemical standards.

Formulated Products
> 10 ppm

This category applies to those mercury-added products that do not readily fit into one of the other product categories.

State	Product	Exemption Process	Statutory Exemptions	Additional Information
Maine	Wheel Weights and Balancers	No
	Pressure Transducers	Yes		Considered a mercury switch
	Slip Ring Devices	Yes		Considered a mercury switch
Minnesota	Cosmetics	No
	Pharmaceuticals	No
	Pressure Transducers	Yes	Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.	Considered a mercury switch
New York	Components in Automobiles with > 15 mg. of mercury	No
New York	Wheel weights	No		Effective April 1, 2018.
Vermont	Neon Signs	No	Replacement lamps allowed if product in use prior to January 1, 2007.

Any mercury-added product intended mainly for personal or household enjoyment or adornment, including items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, and footwear and other items of apparel.

State	Exemption Process	Statutory Exemptions	Additional Information
Connecticut	No		Due to mercury content restrictions
Louisiana	No		Due to mercury content restrictions
Minnesota	No
New Hampshire	No
New York	No
Rhode Island	No		Due to mercury content restrictions
Vermont	No	A novelty incorporating one or more button cell batteries or lamps as its only mercury-added components.
Washington	No

Note: California, Illinois, Indiana, Ohio, Oregon, and Wisconsin also ban the sale of certain mercury-added novelty items. These are not IMERC-member states.

A mercury switch is a product that opens or closes an electrical circuit or gas valve, such as float switches, tilt switches, pressure switches, temperature switches, and flame sensors. A mercury relay is a product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit, such as displacement relays, wetted reed relays, and contact relays. Automobile Switches and Diostats are switches used in specific applications and are listed separately.

State	Exemption Process	Statutory Exemption	Additional Information
Connecticut	Yes		Due to mercury content restrictions
Louisiana	Yes		Due to mercury content restrictions
Maine	Yes	1. Replacement switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to July 1, 2006. 2. If the use of the product is a federal requirement. 3. Does not apply to the resale of used switches or relays.	See Maine’s broader definition of a mercury switch.
Massachusetts	Yes	1. A mercury switch or relay which is a component in a larger product in use before May 1, 2009, there is no mercury-free alternative available for the component, and either the larger product is used in manufacturing; or the switch or relay is integrated and not physically separate from other components of the larger product. 2. A mercury switch or relay which is integrated as a component of a larger product that has been refurbished for resale and which was originally manufactured before the effective date of the law.
Minnesota	Yes	1. Replacement parts for industrial measurement and control systems allowed only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component. 2. Will accept exemption requests that are approved by another state.	Includes pressure transducers
New Hampshire	Yes	Replacement switch or relay that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury replacement component exists.	Includes automobile switches
New York	No	1. Replacement switches and relays that are components of a larger product in use prior to January 1, 2008. 2. Resale of switches and relays manufactured before December 31, 2007.
Rhode Island	Yes		Due to mercury content restrictions
Vermont	Yes	Replacement switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to January 1, 2007 – provided that the owner of the equipment has made every reasonable effort to determine no compatible non-mercury replacement component exists.

Note: California, Illinois, Maryland, and Wisconsin also ban the sale of mercury-added switches and relays, and/or related devices such as pressure transducers, rotating electrical connectors, etc. These are not IMERC member states.

A mercury thermometer is used for measuring temperature. Fever Thermometers are used specifically to measure a person’s body temperature and are listed separately.

State	Exemption Process	Statutory Exemption	Additional Information
Connecticut	Yes		Due to mercury content restrictions
Louisiana	Yes	If prescribed by a physician.	Due to mercury content restrictions
Maine	Yes	1. If use of the product is a federal requirement. 2. Does not cover the sale of used measuring devices.
Michigan	No	If required by state or federal statute, regulation, or administrative rule or thermometers used for pharmaceutical research purposes.
Minnesota	No	Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.
New Hampshire	Yes	If use of the product is a federal requirement.
New York	Yes
Rhode Island	Yes		Due to mercury content restrictions
Vermont	Yes	If the only mercury-added component is a button-cell battery.
Washington	No	Thermometers used in food processing facilities.

Note: Caljfornia and Illinois also ban the sale of mercury-added lab thermometers, but are no longer members of IMERC.

A product or device that uses a mercury-added switch to sense and control room temperature through communication with heating, ventilation, or air-conditioning (HVAC).

IMERC-member State	Sales Ban	Exemption Process	Statutory Exemption	Manufacturer Collection Program Requirement
Connecticut	Yes Due to mercury content restrictions	Yes		Yes
Louisiana	Yes Due to mercury content restrictions	Yes		Yes
Maine	Yes	Yes	See mercury switches and relays.	Yes
Massachusetts	Yes	Yes		Yes
Michigan	Yes	No	If the thermostat is a replacement of an existing thermostat that is a component of an appliance.	No
Minnesota	Yes	No	Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component.	Yes
New Hampshire	Yes	Yes	Replacement thermostat that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury component exists.	Yes
New York	Yes	Yes		Yes
Rhode Island	Yes Due to mercury content restrictions	Yes		Yes
Vermont	Yes	No		Yes

Note: California, Illinois, Iowa, Maryland, Montana, Ohio, Oregon, Pennsylvania, and Wisconsin also ban the sale of mercury-added thermostats and/or require manufacturer collection programs. These are not IMERC-member states.

What States Have Sales Bans and/or Phase-Outs?

To see what states restrict the sale and/or distribution of mercury-added products through product sales bans and/or phaseouts, browse by state.

Product	Exemption Process	Statutory Exemptions
Button-cell Batteries	No
Dairy Manometers	No
Elemental Mercury	No	Allowed only for medical, research or manufacturing purposes; requires a material safety data sheet and a signed statement from the purchaser or recipient meeting certain conditions.
Fever Thermometers	No	1. Digital thermometers with removable button cell batteries. 2. If prescribed by a physician.
Fabricated Products > 100 mg. Formulated Products > 50 ppm	Yes	1. A pharmaceutical, pharmaceutical product, biological product, or substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetics Act. 2. Any mercury-added product with a code, date of manufacture, or which it can be otherwise demonstrated that it was manufactured prior to the effective dates. 3. Products that contain mercury-containing lamps for backlighting that are not easily removed by the purchaser. 4. Specialized lighting used in the entertainment industry, such as metal halide lights used in stadiums.

Product	Exemption Process	Statutory Exemptions
Dairy Manometers	No
Elemental Mercury	No	Only allowable for specific uses: medical, dental, research, or manufacturing purposes.
Fever Thermometers	Yes	If prescribed by a physician.
Novelty Items	No
Fabricated Products > 10 mg. Formulated Products > 10 ppm	Yes	1. Products that are required in order to comply with federal, state, or homeland security requirements. 2. Products with a code or date of manufacture indicating the products were manufactured prior to the effective dates, or that are meant to service products manufactured prior to the effective date.

Product	Exemption Process	Statutory Exemptions
Automobile Switches	Yes	ABS switch replacements.
Button-cell Batteries	No
Dairy Manometers	Yes	See 1 and 2 under Measuring Devices.
Diostats	Yes	See 1, 2, and 3 under Switches and Relays.
Elemental Mercury	No	Sale allowed for recycling and manufacturing purposes. Can be sold for medical, dental amalgam dispose caps, or research if additional requirements are met.
Fever Thermometer	Yes	1. If the use of the product is a federal requirement. 2. Does not apply to the resale of used measuring devices.
Measuring devices	Yes	1. If the use of the product is a federal requirement. 2. Does not apply to the resale of used measuring devices.
Pressure Transducers	Yes	See 1, 2, and 3 under Switches and Relays.
Slip Ring Devices	Yes	See 1, 2, and 3 under Switches and Relays.
Switches and Relays	Yes	1. If the use of the product is a federal requirement. 2. Replacement switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to July 1, 2006. 3. Does not apply to the resale of used switches and relays.
Thermometers	Yes	See 1 and 2 under Measuring Devices
Thermostats	Yes	See 1, 2, and 3 under Switches and Relays.
Wheel Weights	No

Product	Exemption Process	Statutory Exemptions*
Automobile Switches	Yes
Fever Thermometers	Yes	If thermometer is determined to be medically necessary by a licensed physician or ordered by prescription.
Measuring Devices	Yes
Switches and Relays	Yes	1. A mercury switch or relay which is a component in a larger product in use before May 1, 2009, there is no mercury-free alternative available for the component, and either the larger product is used in manufacturing; or the switch or relay is integrated and not physically separate from other components of the larger product. 2. A mercury switch or relay which is integrated as a component of a larger product that has been refurbished for resale and which was originally manufactured before the effective date of the law.
Thermostats	Yes

*Additional Statutory Phase-Out Exemptions: federally required use of the product; formulated products that are cosmetic or pharmaceutical products subject to the regulatory requirements of the Federal Food and Drug Administration relating to mercury.

Product	Exemption Process	Statutory Exemptions
Fever Thermometers	No	If the thermometer is sold or offered for promotion by a prescription.
Measuring Devices	No	For home use and calibration of mercury-free devices in health care facilities, if deemed warranted.
Thermometers	No	If required by state or federal statute, regulation, or administrative rule or thermometers used for pharmaceutical research purpose.
Thermostats	No	If the thermostat is a replacement of an existing thermostat that is a component of an appliance.

Product	Exemption Process	Statutory Exemptions
Cosmetics	No
Dairy Manometers	No
Diostats	No	See 1 under Switches and Relays.
Elemental Mercury	No	Allowed for medical, dental, instructional, research, or manufacturing purposes; requires a material safety data sheet and signed statement acknowledging toxicity and disposal prohibition.
Fever Thermometers	No
Measuring Devices	No	See 1 under Switches and Relays. Includes barometers, manometers, pyrometers.
Novelty Items	No
Over-the-Counter Human Pharmaceuticals	No
Pressure Transducers	Yes	See 1 and 2 under Switches and Relays.
Switches and Relays	Yes	1. Replacement parts allowed for industrial measurement and control systems only if there is no non-mercury replacement component available. The purchaser must notify the Commissioner of the Minnesota Pollution Control Agency within 30 days of purchasing a replacement component. 2. Will accept exemption requests that are approved by another IMERC member state.
Thermometers	No	See 1 and 2 under Switches and Relays.
Thermostats	No	See 1 and 2 under Switches and Relays.

Product	Exemption Process	Statutory Exemptions*
Elemental Mercury	No	Only allowable for specific uses: medical, dental, research, or manufacturing purposes. Anyone selling or distributing elemental mercury must sign a statement certifying that the recipient will meet certain conditions.
Fever Thermometers	Yes
Measuring Devices	Yes	Includes dairy manometers.
Novelty Items	No
Switches and Relays	Yes	Replacement switch or relay that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury replacement component exists. Includes automobile switches.
Thermometers	Yes
Thermostats	Yes	Replacement thermostat that is a component in a larger product in use prior to July 1, 2008, provided that no compatible non-mercury replacement component exists.

*Additional Statutory Phase-Out Exemptions: federally required use of the product.

Product	Exemption Process	Statutory Exemptions
Fever Thermometers	No

Product	Exemption Process	Statutory Exemptions*
Diostats	No
Elemental Mercury	No	The sale of elemental mercury, except for specific research, dental and manufacturing uses is prohibited.
Fever Thermometers	No	If the only mercury is in a removable button-cell battery.
Measuring Devices	No	1. Replacement of certain products in use prior to January 1, 2006. 2. Resale of certain products manufactured before December 31, 2005.
Novelty Items	No
Switches and Relays	No	1. Replacement switches and relays that are components of a larger product in use prior to January 1, 2008. 2. Resale of switches and relays manufactured before December 31, 2007.
Thermometers	Yes
Thermostats	Yes
Wheel weights	No	Effective April 1, 2018.

*Additional Statutory Phase-Out Exemptions: federally required use of the product.

Product	Exemption Process	Statutory Exemptions
Button-cell Batteries	Yes
Elemental Mercury	No	Only allowable for specific uses: medical, dental, or research purposes. Documentation from provider required for the recipient as well as the Department. Seller must report on sales and sign certification statement.
Fever Thermometers	Yes
Novelty Items	No
Fabricated Products > 10 mg. Formulated Products > 10 ppm	Yes	1. Mercury in products that is required in order to comply with federal or state health or safety requirements. 2. Laboratory chemical standards.

Product	Exemption Process	Statutory Exemptions
Dairy Manometers	No
Elemental Mercury	No	Only allowable use medical, manufacturing, or research with reporting requirements.
Fever Thermometers	No	If the only mercury is in a removable button-cell battery.
Measuring Devices	Yes	1. Instruments and measuring devices where the only mercury-added component is a button cell battery. 2. Federally required uses of instruments and measuring devices.
Neon Signs	Yes	Replacement lamps for signs in use prior to January 1, 2007.
Novelty Items	No	A novelty incorporating one or more button cell batteries or lamps as its only mercury-added component.
Switches and Relays	Yes	Replacement switches and relays used in manufacturing or otherwise integrated and not physically separate from the larger product in use prior to January 1, 2007.
Thermometers	Yes
Thermostats	No

Product	Exemption Process	Statutory Exemptions
Automobile Switches	No
Elemental Mercury	No	Sales or deliveries to immediate dangerous waste recycling facilities or treatment, storage, and disposal facilities as approved by the department and sales to research facilities, or industrial facilities that provide products or services to entities are exempt.
Fever Thermometers	No	If prescribed by a physician.
Measuring Devices	No	Sphygmomanometers only.
Novelty Items	No
Thermometers	No	Thermometers used in food processing facilities.

How Can Manufacturers Apply for an Exemption to the States’ Phase-out Requirements?

If a company’s product(s) falls within one of the categories of products covered by the states’ sales phase-out requirements and they want to continue to sell their product in the applicable states, they may apply for an administrative exemption for their product or product category. Exemptions can be granted for up to a five-year period, depending on the state. However, the appropriate duration of an exemption is decided on a case-by-case basis.

Applicants for exemptions to the states’ sales phase-out should complete and sign a Mercury-Added Product Phase-out Exemption Application Form. Applications are generally due one year before the effective date for which they are seeking an exemption.

Decisions regarding approval of mercury-added product phase-out exemptions are made by each individual state environmental agency. Upon approval of a phase-out exemption application, the state sends a letter to the applicant detailing the approval, the period of time over which it applies, and the schedule for reporting on the effectiveness of the proposed collection system.

Use of the IMERC process is strongly encouraged to avoid duplication of effort by all concerned, but is not required. Companies may choose to submit exemption applications to individual states, and should do so if they wish to designate some or all of the application as confidential business information, since IMERC is not equipped to handle CBI submittals. Where more than one state receives an exemption request covering the same mercury-added products, the states can be expected to consult extensively with each other to achieve an appropriate level of consistency across jurisdictions.

If a company has concerns about confidential business information (CBI), they must submit a Mercury-added Product Phase-out Exemption Application, along with a written request for CBI consideration directly to the state agencies they are requesting an exemption from. IMERC cannot accept any CBI requests.

MERCURY-ADDED PRODUCT PHASE-OUT EXEMPTION APPLICATION [PDF]

MERCURY-ADDED PRODUCT PHASE-OUT EXEMPTION APPLICATION [WORD]

For more information about phase-outs and bans for mercury-added products, including information about phase-out exemptions, contact imerc@newmoa.org

Mercury Clearinghouse - Product Restrictions

State Mercury-Added Product Ban & Phase-Out Guidance

What Products Have Sales Bans and/or Phase-Outs?

What States Have Sales Bans and/or Phase-Outs?

How Can Manufacturers Apply for an Exemption to the States’ Phase-out Requirements?