Mercury Clearinghouse - Product Bans & Phase-outs
State Mercury-Added Product Ban & Phase-out Guidance
The purpose of restricting or completely banning the sale of certain mercury-added products is to eliminate non-essential uses of mercury in consumer, household, and commercial products, thereby reducing mercury releases to the environment associated with the production, use, and disposal of such products.
What Is the Difference Between a Product Ban and a Phase-Out?
Some exemptions may be allowed under a product phase-out and some phase-out laws contain statutory exceptions that exempt certain products from the statute without the need to apply for and obtain a written exemption. There are no exemptions allowed under a product sales ban. Product bans target a specific product. Product phase-out bans generally restrict categories of products based on their function or mercury content.
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, New Jersey, Oregon, Texas, and Utah also have manufacturer 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 | ||
| Maine | General purpose lamps with specified content | No | |
| 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. |
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 | ||
| 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.
Connecticut Contact: Thomas Metzner, (860) 424-3242 or Tom.Metzner@ct.gov
Connecticut Department of Environmental Protection
Office of Planning and Program Development
79 Elm Street
Hartford, CT 06106
| 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. |
Louisiana Contact: Albert Hindrichs, (225) 219-3189 or al.hindrichs@la.gov
Louisiana Department of Environmental Quality
602 N. Fifth Street
Baton Rouge, LA 70802
| 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. |
Maine Contact: Andrew Pomiak, (270) 955-0858 or andrew.pomiak@maine.gov
Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333-0017
| 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 |
Massachusetts Contact: Lynn Cain, (617) 292-5711 or lynn.cain@mass.gov
Massachusetts Department of Environmental Protection
One Winter Street
Boston, MA 02108
| 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.
Michigan Contact: Joy Taylor Morgan, (517) 284-6765 or TAYLORJ1@michigan.gov
Michigan Department of Natural Resources and Environment
P.O. Box 30457
Lansing, MI 48909
| 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. |
Minnesota Contact: John Gilkeson, (651) 757-2391 or john.gilkeson@state.mn.us
Minnesota Pollution Control Agency
Prevention and Assistance Division
520 Lafayette Rd. N.
St. Paul, MN 55155
| 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. |
New Hampshire Contact: Melissa Zych, (603) 271-6460 or Melissa.Zych@des.nh.gov
New Hampshire Department of Environmental Services
Pollution Prevention Program
29 Hazen Drive, P.O. Box 95
Concord, NH 03302-0095
| 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.
New Jersey Contact: Robin Heston, (609) 984-4643 or robin.heston@dep.state.nj.us
New Jersey Department of Environmental Protection
401 East State Street
Trenton, NJ 08625
| Product | Exemption Process | Statutory Exemptions |
|---|---|---|
| Fever Thermometers | No |
New York Contact: Peter Van Erp, (518) 402-8706 or peter.vanerp@dec.ny.gov
New York State Department of Environmental Conservation
Division of Solid and Hazardous Materials
625 Broadway
Albany, NY 12233-7250
| 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.
North Carolina Contact: Mark Burnette, (919) 628-3638 or mark.burnette@ncdenr.gov
North Carolina Department of Environmental & Natural Resources
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
*North Carolina does not ban automobile switches but does have a mandatory manufacturer collection requirement.
Rhode Island Contact: Michele McCaughey, (402) 222-4700 or michele.mccaughey@dem.ri.gov
Rhode Island Department of Environmental Management
235 Promenade Street
Providence, RI 02908
| 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. |
Vermont Contact: Karen Knaebel, (802) 522-5736 or karen.knaebel@vermont.gov
Vermont Department of Environmental Conservation
Waste Management and Prevention Division
1 National Life Drive, Davis 1
Montpelier, VT 05620-3704
| 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 |
Washington Contact: Sean Smith, (360) 407-7609 or
sdsm461@ecy.wa.gov
Washington Department of Ecology
Hazardous Waste and Toxic Reduction Programs
P.O. Box 47600
Olympia, WA 98504-7600
| 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
