Mercury Clearinghouse - Product Labeling
State Mercury-Added Labeling Guidelines
The states of Connecticut, Louisiana, Maine, Massachusetts, Minnesota, New York, Rhode Island, Vermont, and Washington prohibit the sale of mercury-added products unless the product and packaging are labeled.
Although individual states may require labeling for different types of mercury-added products, the following labeling requirements meet the standards of all IMERC states.
The IMERC-member states recognize the need for consistency among labeling of mercury-added products and for simplicity in knowing when to apply for an alternative label if minimum labeling requirement cannot be met. They also understand that not every single product will be able to accommodate the full standard label. In 2016, the States developed a tiered approach as described below. The Standard Label (“Tier 1”) meets the product-labeling requirements of all states with mercury labeling requirements.
- Product labels include all three standard labeling elements:
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- Text that states “contains mercury” in 10 point font or larger
- Hg in a circle symbol (lamps only)
- Crossed out wheelie bin and/or text that states that the product cannot be placed in trash (e.g., “do not place in trash – dispose according to local, state, or federal laws”)
- The label must be mounted, engraved, molded, embossed, or otherwise affixed to the product using materials that are sufficiently durable to remain legible throughout the life of the product
- If the product incorporates a mercury-added component, the label on the larger product, at minimum, must clearly identify the internal component and include all three standard labeling elements
- If the product is sold in packaging that obscures the product label, the outer packaging must, at minimum, be labeled with all three standard labeling elements
- If information about the product is contained in a catalog, webpage, or other methods of marketing, the standard label information must be included where a prospective purchaser is educated prior-to-purchase that the product contains mercury and information on proper disposal.
A product that contains these three pieces of information on the product, such that they are clearly visible prior-to-purchase via all methods of sale (retail, online, other) – or if the Tier 1 product label is not clearly visible to the prospective purchaser via all methods of sale, that all Tier 1 information is included on its packaging, and on internet webpages, catalog, specification sheets or other information – then the product does not require an alternative label application or review process. The States encourage manufacturers to follow this Tier 1 labeling criteria whenever possible and seek guidance from IMERC if there should be any questions on compliance.
Labeling for motor vehicles require:
- No label on the internal mercury-added components within a motor vehicle;
- The vehicle label to list the mercury-added components included in the vehicle (The mercury-containing devices will vary with vehicle type);
- The vehicle label to be placed on the driver side doorpost (unless approved as an alternate location) of motor vehicles so equipped;
- The motor vehicle dealer will be responsible for applying the door post label (only in the case of a trade of a new vehicle by a dealer with a dealer in another state);
- No label on used motor vehicles;
- Label placement at a clearly visible location near the entry point on motor vehicles without suitable doorposts. This location will be subject to approval; and
- Sample approved label wording as follows:
- This vehicle may include mercury-containing devices installed by the manufacturer. Remove Devices Before Vehicle Disposal. Upon Removal of Devices: Please Reuse, Recycle, or Dispose of as Hazardous Waste.
A manufacturer may submit an Alternative Labeling Plan Request to the IMERC member states for consideration if:
- Strict compliance with the requirements is not technically feasible, as determined by the IMERC member states.
- The proposed alternative would be at least as effective in providing pre-sale notification of mercury content and instructions on proper disposal.
- Federal law governs labeling in a way that overrides state authority.
If a product cannot be labeled according to all the Tier 1 Standard Labeling criteria, the manufacturer must submit an application to IMERC for approval of an alternative labeling plan.
A list of previously approved alternative labels can be found here.
To request approval for an alternative label for a mercury-added product, or to renew a previously approved plan, complete both the Alternative Product Label Application Form and the Table, and submit them to IMERC:
- IMERC Alternative Labeling Request Form (.docx)
- IMERC Alternative Labeling Request Form Table (.docx)
Note: A separate form is required for each different proposed product label.
Applicants are encouraged to use one of the Alternative Label Tier options below when preparing their Alternative Labeling Application for submission. If these criteria cannot be specifically met, the application can propose a unique alternative.
Tiers 2 through 5 apply only to the label on the PRODUCT itself. Label must be sufficiently durable to remain legible throughout the life of the product. Outer packaging must, at minimum, be labeled with all required elements of the Tier 1 Standard Label. If the packaging has any space restrictions, those restrictions must also be submitted with rationale for any request less than Tier 1 labeling components. Information about the product contained in a catalog, a webpage, or other marketing materials, must include all the Tier 1 Standard Label information so a prospective purchaser is educated prior-to-purchase that the product contains mercury and information on proper disposal.
- Tier 2 = Product label incorporates a slight variation of the three standard labeling elements: 1) Hg in a circle symbol; 2) text that states “mercury/mercure” in font sizes less than 10 point; and 3) a crossed-out wheelie bin symbol. Requires IMERC approval – submit an alternative label application
- Tier 3 = Product label includes two of the standard labeling elements: 1) Hg in a circle symbol and 2) a crossed-out wheelie bin symbol. Requires IMERC approval – submit an alternative product label application
- Tier 4 = Product labels include the Hg in a circle symbol. Requires IMERC approval – submit an alternative product label application
- Tier 5 = Product labels include the Hg symbol underlined. Requires IMERC approval – submit an alternative product label application
IMERC will facilitate review and discussion of the proposed alternatives to standard labeling by representatives from the participating states, as appropriate. This joint review process will help ensure that alternative labeling plans submitted for approval by a manufacturer will meet the labeling requirements in all IMERC-member states. All elements of the alternative labeling proposal (product, package, prior-to-purchase visibility) will be considered as a single, combined alternative proposal for review for each product or product category.
Generally, alternative labels are approved for a period of three years. Manufacturers should submit application forms requesting renewal of an alternative label at least 90 days prior to the labels’ expiration date.
The purpose of labeling mercury-added products is twofold:
- To inform consumers at the point of purchase that the product contains mercury and may need special handling when it is no longer in use; and
- To identify the products for consumers at the point of disposal so that they can be kept out of the trash and properly recycled. This is why a durable label on the product and/or its component is required.
Informing consumers at the point of purchase applies to all sales methods, including retail, online, and catalog. The same mercury disclosure information must be provided in all sales methods to meet the prior-to-purchase visibility requirement under state labeling laws.
Any product to which mercury, a mercury compound, or a component containing mercury is intentionally added must be labeled to disclose this information before purchase. Mercury-added pharmaceuticals approved by the United States Food and Drug Administration are exempt from these state requirements. Although individual states may require labeling for different types of mercury-added products, the following labeling requirements meet the standards of all IMERC states.
If a product includes a mercury-added component, the label on the larger product must clearly identify the internal component and include all the Tier 1 Standard Labeling elements outlined below. This applies to the larger product, the product packaging, the product component, visibility in marketing materials before purchase (including websites and catalogs), and packaging for replacement components, if sold.
The manufacturer of a mercury-added product is in the best position to label the product. However, in order to sell their product into certain states, importers and distributors must be classified as “manufacturers” and assume this responsibility if the original manufacturer does not. Merchants, whether selling in-store, online, or via catalogs, are prohibited from “knowingly” selling a mercury-added product to customers in Connecticut, Louisiana, Massachusetts, Maine, Minnesota, New York, Rhode Island, Vermont, and Washington unless mercury information is properly disclosed before purchase (e.g., by providing the Tier 1 Standard Label information on their websites, catalogs, or other sales channels).
Product and Packaging Labels at Retail:
In retail settings, the most common way to provide prior-to-purchase disclosure is by placing a label directly on the product and its packaging. This label must adhere to specific Tier 1 standard labeling requirements, which cover wording, size, location, visibility, and durability. If the manufacturer cannot provide a Tier 1 standard label on their product, they must apply to IMERC for approval of an alternative labeling plan.
Prior-to-Purchase Labeling and Disclosures for Internet, Catalog, and Other Sales:
When a product is sold through catalogs, over the phone, online, or via any other means where the product or packaging label isn’t clearly visible to the consumer before purchase, the manufacturer must include Tier 1 disclosure information in all sales materials. This includes sales literature, webpages, product specification sheets, marketing materials, advertising, and social media content that describe and promote the product.
For more information about labeling mercury-added products, including information about alternative labeling requests, contact imerc@newmoa.org