1. Mercury is a persistent and toxic pollutant that accumulates in the environment.

2. Accidental mercury spills, breakages, and releases have occurred throughout the United States.

3. Healthcare facilities, educational and research institutions, and businesses have also experienced significant employee exposures and incurred significant costs due to accidental mercury releases.

4. Consumption of mercury-contaminated fish poses a significant public health threat and,because of this threat, numerous states have issued fish advisories.

5. Studies have documented that exposure to elevated levels of mercury in the environment over time has resulted in serious harm to humans and fish-consuming wildlife.

6. Several state programs have demonstrated that removal of mercury-containing products from the waste stream prior to combustion is an effective way to reduce mercury emissions from solid waste management facilities.

7. Manufacturers of certain mercury-added products, such as thermostats, have established successful "take back" programs for properly managing the products at the end of their useful life.

1. "Department" means the [Department of Natural Resources].

2. "Manufacturer" means any person, firm, corporation, or governmental entity that 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.

3. "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.

4. "Mercury-added product" means a product that contains mercury or a mercury compound intentionally added to the product.

5."Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.

6. "Product containing mercury" means any product 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.

1. Six months after the effective date of this section, no mercury-added product shall be offered for final sale, use, or distribution for promotional purposes in this state without prior notification in writing by the manufacturer of the product to the Department in accordance with the requirements of this section. Such notification shall at a minimum include:

2. With the approval of the Department, the manufacturer may supply the information required in subsection (B)(1) for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information, or when requested by the Department. The Department may define and adopt specific requirements in accordance with state law for the content and submission of the required notification.

3. Any information furnished pursuant to the requirements of this section, which, as certified by the manufacturer, relates to production or sales figures, or to processes or production unique to the manufacturer, or which would tend to affect adversely the competitive position of the manufacturer, shall be only for the confidential use of the Department and the interstate clearinghouse in the administration of this section, unless the manufacturer shall expressly agree to their publication or availability to the public. Nothing herein shall be construed to prevent the use of such information by the Department and the interstate clearinghouse in compiling or publishing analyses or summaries relating to the amount and effect of mercury in products and the environment, provided that the analyses or summaries do not identify any manufacturer or reveal any information otherwise confidential under this section.

4. This section shall not apply to prescription drugs or any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et. seq.

1. No later than one year after the effective date of this section, no mercury-added novelty shall be offered for final sale or use, or distributed for promotional purposes in this state if the seller knows or has reason to know that the product contains mercury. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this section and how to dispose of the remaining inventory properly.

2. Six months after the effective date of this section, a person shall not sell or supply mercury fever thermometers to consumers or patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of thermometers to avoid breakage and proper cleanup, should a breakage occur.

3. As of the effective date of this section, no school in this state shall use or purchase for use in a primary or secondary classroom, elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers that are used in school laboratories, and for which no adequate substitute exists.

4. a. A manufacturer or wholesaler may not sell and a retailer may not knowingly sell any of the items listed in subsection (C)(1), unless the item is labeled to clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that it does not become part of solid waste or wastewater.

5. As of the effective date of this section, no person shall sell or provide elemental mercury in this state without providing a material safety data sheet, as defined in 42 U.S.C. Section 11049, and requiring the purchaser or recipient to sign a statement that they:

6. The Department shall develop a plan for reducing mercury pollution from dental procedures. In developing the plan, the Department shall consult with dentists. The Department shall adopt rules by [INSERT DATE] to implement mandatory source reduction of mercury from dental procedures.

1. After January 1, 2006, a person, retailer or manufacturer may not knowingly dispose of a labeled mercury-added consumer product in a landfill, incineration facility or other solid waste disposal facility.

2. a. Except as otherwise provided in this chapter, a person, retailer or manufacturer who disposes of solid waste within the state shall separate labeled mercury-added consumer products from that solid waste. A contractor who replaces or removes labeled mercury-added consumer products shall ensure the proper separation and disposal of any discarded mercury-added consumer product.

3. Collection programs—

4. A manufacturer of a mercury-added consumer product listed in subsection (C)4.b. shall establish and maintain a manufacturer-based reverse distribution system for the proper collection, transportation and management of the product from purchasers in this state; and clearly inform each purchaser of the product of the available systems for proper collection and disposal of the product. A manufacturer of a mercury-added consumer program may not charge a fee for collecting and managing its products.

1. The Department shall implement a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, dismantlers, institutions, and schools on the hazards of mercury, the requirements and obligations of individuals, manufacturers, and agencies under this subdivision, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The Department shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs.

2. The Department shall assist municipalities and regional associations in developing collection programs, and in disseminating information for the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information program must be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products and at any other large users of those products.

1. The Department shall cooperate with neighboring states and provinces and regional organizations in the United States and Canada on developing outreach, assistance, and education programs, where appropriate.

2. The Department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this section and to help coordinate reviews of the manufacturer notifications regarding mercury-containing products, applications for phase-out exemptions, reviews of the collection plans, the disclosures of mercury content, applications for alternative labeling, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products, a file on all exemptions granted by the states, and a file of all the manufacturer reports on the effectiveness of their collection systems.

1. The extent of mercury contamination in the state’s environment and the extent of any health risk from mercury contamination in the state.

2. A survey of sources and quantities of mercury discharged to or deposited into the state’s environment. This survey must include both in-state and out-of-state sources and estimates of relative contribution.

3. Methods for minimizing risk of further contamination and risk of mercury-related health problems and the potential costs of reducing such risks.

4. The effectiveness of established programs for in-state collection, transportation and recycling of mercury from waste mercury-added products and recommendations for making the programs more effective; and

5. Further coordination needed with other states and Canadian provinces to effectively address mercury issues.