B. An electrical A switch or other device, individually or as part of another product, used to measure, control or regulate gas, other fluids or electricity;

D. An electric relay or other electrical device, excluding an electrical device that is in a mercury-added lamp; and

Sec. 3. 38 MRSA §§1661-A, 1661-B and 1661-C are enacted to read:

§1661-A.__ Notification

1.__Prior written notice required.__Effective January 1, 2002, a product to which mercury is intentionally added during formulation or manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture, may not be offered for final sale or use or distributed for promotional purposes in the State unless the manufacturer of the product or product component or a trade association representing manufacturers of the product or component has provided written notice to the department in accordance with this section.__The notice must include the following information on a form provided by the department or the clearinghouse under section 1671:

A.__A brief description of the product or product component;

B.__The purpose for which mercury is used in the product or product component;

C.__The amount of mercury in each unit of the product or product component, reported either as an exact number or as an average per product or component with an upper and lower limit;

D.__The total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry; and

E.__The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer.

2.__Exemption.__A mercury-added product or product component for which federal law governs notice in a manner that preempts state authority is exempt from the requirements of this section.

3.__Product category information.__With the approval of the department, the manufacturer may supply the information required in subsection 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.

4.__Confidentiality.__Information submitted to the department pursuant to this section may be kept confidential as provided under sections 1310-B and 1671.

§1661-B.__Disclosure for mercury-containing products used in

hospitals

Effective January 1, 2002, the manufacturer of a formulated product that contains mercury or a mercury compound from any source or cause, whether intended or unintended, and that is offered for sale or use to a hospital in the State must provide, upon request of the hospital, a certificate of analysis documenting the mercury content of the product unless the concentration is less than 200 parts per 1,000,000,000,000.__The hospital shall provide a copy of the certificate to the department upon request.__For the purpose of this section, a "formulated product" means a consistent mixture of chemicals, including, but not limited to, acids, alkalis, laboratory chemicals, bleach and other products used for cleaning or disinfection, pharmaceuticals, stains, reagents, preservatives, fixatives, buffers and dyes.

The certificate of analysis must report the mercury content of the product based on analysis of each batch or lot of the product, and the batch or lot number of the product must be identified clearly on the product and on the certificate of analysis.__In lieu of reporting mercury content by batch or lot analysis, the manufacturer of the product may provide a certificate of analysis on representative samples of the product as determined in consultation with the hospital.

§1661-C.__ Restrictions on sale and use of mercury

1.__Fever thermometers.__Effective January 1, 2002, a person may not sell or supply a mercury fever thermometer to consumers and patients, except by prescription.__With each mercury fever thermometer sold by prescription, the manufacturer shall supply clear instructions on the careful handling of the thermometer to avoid breakage and on proper cleanup should breakage occur.__For

purposes of this subsection, a "mercury fever thermometer" means a thermometer that contains mercury for the purpose of measuring body temperature, but does not include a thermometer containing mercury solely within a button-cell battery.

2.__Manometers.__Effective January 1, 2002, a mercury- containing manometer of the type used in milking machines on dairy farms may not be sold or offered for sale, or distributed for promotional purposes in the State.__Manufacturers of such manometers shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory.__The department, in consultation with the Department of Agriculture, Food and Rural Resources, shall conduct a program to collect and replace mercury-containing manometers already in use on dairy farms in the State.

3.__Schools.__Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary or secondary classroom in the State.__Manufacturers of such materials shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory.__Mercury-added products used by schools are not subject to this ban.

4.__Elemental mercury.__Effective January 1, 2002, no person may sell or provide elemental mercury to another person in the State without providing a material safety data sheet, as defined in 42 United States Code, Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser:

A.__Will use the mercury only for medical, dental amalgam dispose-caps, research or manufacturing purposes;

B.__Understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and

C.__Will not place or allow anyone under the purchaser's control to place or cause to be placed the mercury in solid waste for disposal or in a wastewater treatment and disposal system.

Sec. 4. 38 MRSA §1665, 2nd ¶, as enacted by PL 1999, c. 779, §2, is amended to read:

By January 1, 2001, automobile manufacturers that sell automobiles at retail in this State or to a retailer in this State shall submit proposed alternative compliance plans to the department. By January 1, 2002, the department shall submit to the joint standing committee of the Legislature having

jurisdiction over natural resources matters a plan for the labeling and source separation of automobile component parts to meet the requirements in sections 1662 and 1664. The plan also must include recommendations as to whether and how manufacturers should be required to reduce or phase out the use of mercury in the production of automobiles. The department shall develop the plan in consultation with automobile manufacturers, automobile dismantlers, automobile recyclers and other interested parties. The plan may provide for alternative compliance plans for labeling and must provide for the safe removal and management of mercury-added parts prior to the shredding of vehicles. The department shall also develop, in consultation with the interested parties, an assessment of whether and how mercury switches or other electrical devices in automobile components should be added to the universal waste rules adopted by the board and submit the assessment with the plan.

Sec. 5. 38 MRSA §1670, sub-§8, ¶D-1 is enacted to read:

D-1.__Include in its 2002 or 2003 annual report recommendations as to whether and how manufacturer's should be required to reduce or phase out the use of mercury in consumer products;

Sec. 6. 38 MRSA §1671 is enacted to read:

§1671.__Interstate clearinghouse

The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications under section 1661-B, applications for alternative labeling under section 1662, education and outreach activities and any other activities related to the administration of this chapter.__ Notwithstanding section 1310-B, subsection 2, the department may provide the interstate clearinghouse with product information submitted to the department under section 1661-A and the department and the interstate clearinghouse may compile or publish analyses or summaries of such information provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.

Sec. 7. Resolve 1997, c. 41, §2 is repealed.

SUMMARY

The purpose of this bill is to reduce the release of mercury into the environment from consumer products, and thereby advance

the goals of the Mercury Action Plan adopted in 1998 by the Conference of New England Governors and Eastern Canadian Premiers. That plan, among other things, calls for the virtual elimination of mercury emissions from consumer products and other anthropogenic sources.

The bill accomplishes the following:

1. It requires manufacturers to notify the Department of Environmental Protection if they intend to distribute a mercury- added product in Maine;

2. It requires product manufacturers to provide information on mercury content to hospitals upon request;

3. It restricts the sale and distribution of certain mercury- added products, including fever thermometers and manometers used to measure vacuum in milking machines;

4. It restricts the sale and use of mercury and bans the use of mercury and mercury compounds in schools;

5. It requires the Mercury Products Advisory Committee, as established under Public Law 1999, chapter 779, to report on whether and how manufacturers should be required to phase out the use of mercury in products;

6. It requires the Department of Environmental Protection, in consultation with automobile manufacturers, dismantlers, recyclers and other interested parties, to report on whether and how automobile manufacturers should be required to phase out the use of mercury-added components;

7. It authorizes the Department of Environmental Protection to participate in a regional clearinghouse to coordinate the regulatory actions regarding mercury-added products; and

8. It repeals a section of a resolve requiring the Land and Water Resources Council to report annually on recommended mercury-reduction initiatives.