HB 562 – AS INTRODUCED
2005 SESSION
08/10
HOUSE BILL 562
AN ACT relative to eliminating certain mercury-added products.
SPONSORS: Rep. Babson, Carr 3; Rep. Phinizy, Sull 5; Rep. C. Hamm, Merr 4; Rep. Dickinson, Carr 1; Sen. Larsen, Dist 15; Sen. Fuller Clark, Dist 24
COMMITTEE: Environment and Agriculture
This bill prohibits the sale or distribution of certain mercury-added products.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0627
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to eliminating certain mercury-added products.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Mercury Reduction; Definitions. RSA 149-M:51 is repealed and reenacted to read as follows:
149-M:51 Definitions. In this subdivision:
I. “Biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or arsphenamine, a derivative of arsphenamine, or any other trivalent organic arsenic compound used for the prevention, treatment, or cure of a disease or condition of human beings.
II. “Fabricated mercury-added product” means a mercury-added product that consists of individual components that are combined to make a single unit, including, but not limited to, mercury-added measuring devices, lamps, and switches;
III. “Formulated mercury-added product” means a mercury-added product that is sold as a consistent mixture of chemicals, including, but not limited to, laboratory chemicals, materials used for cleaning, maintenance or disinfection, cosmetics, coating materials, acids, alkalites, bleach, pharmaceutical products, stains, reagents, preservatives, fixatives, buffers and dyes;
IV. “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a product containing mercury or an importer or domestic distributor of a product containing mercury produced in a foreign country. In the case of a multi-component product containing mercury the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor.
V “Mercury-added novelty” means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, and items of apparel, including footwear.
VI. “Mercury-added product” means a product or a product with a component that contains mercury or a mercury compound intentionally added to the product or component in order to provide a specific characteristic, appearance, or quality or to perform a specific function or for any other reason.
VII. “Mercury fever thermometer” means a mercury-added product that is used for measuring body temperature.
VIII. “Product containing mercury” means any product or any product with a component that contains mercury or a mercury compound from any source or cause, whether intended or unintended, including, but not limited to, a mercury-added product and a product manufactured using mercury.
2 New Section; Phased Elimination of Mercury-Added Products; Exemption and Process. Amend RSA 149-M by inserting after section 54 the following new section:
149-M:54-a Phased Elimination of Mercury-Added Products; Exemption and Process.
I.(a) Beginning January 1, 2007 no person shall offer for sale or distribute for any purpose a mercury-added product if the mercury content of the product exceeds one gram in the case of fabricated mercury-added products or two hundred fifty parts per million in the case of formulated mercury-added products.
(b) Beginning January 1, 2009 no person shall offer for sale or distribute for any purpose a mercury-added product if the mercury content of the product exceeds one hundred milligrams in the case of fabricated mercury-added products or fifty parts per million in the case of formulated mercury-added products.
(c) In the case of a product that contains one or more mercury-added products as a component, the phase-out limits specified in this section shall apply to each component part and not to the entire product.
II.(a) Pharmaceuticals, pharmaceutical products, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetics Act, 21 U.S.C. section 301 et seq. are exempt from the provisions of this section.
(b) Lamps with less than one gram of mercury, products containing a lamp with less than one gram of mercury and specialized lighting used in the entertainment industry such as metal halide lamps are exempt from the provisions of this section.
(c) Products that contain a level of mercury or mercury compounds necessary to comply with federal or state health or safety requirements are exempt from the provisions of this section provided the manufacturer or user of the product submits information on the federal or state requirement that demonstrates the need for the exemption to the commissioner.
III.(a) A manufacturer or user of a mercury-added product or category of products may apply to the commissioner for a conditional exemption from the prohibition on sale and distribution set forth in subparagraphs I(a) and I(b). The manufacturer or user of the product shall apply for a conditional exemption:
(1) Not later than one year before the effective date of the prohibition on sale and distribution for which the exemption is being requested in the case of an existing product or category of products; or
(2) Prior to the sale or distribution in the case of a new product or category of products. The manufacturer or user of the product may apply for a conditional exemption by filing a written application with the commissioner.
(b) The commissioner may grant a conditional exemption upon finding that:
(1) A system exists for the proper collection, transportation, and processing of the product at the end of its life; and
(2) One of the following applies:
(A) Use of the product provides a net benefit to the environment, public health or public safety when compared to available non-mercury alternatives; or
(B) Technically feasible non-mercury alternatives are not available at comparable cost.
(c) Exemptions may be renewed, for a term not to exceed 4 years, upon written application if the commissioner finds that:
(1) The mercury-added product continues to meet the criteria of this subparagraph;
(2) Reasonable efforts have been made to remove mercury from the product; and
(3) The manufacturer or other persons comply with the conditions of its original approval.
3 Effective Date. This act shall take effect 60 days after its passage.