Sec. 1. 38 MRSA §1672 is enacted to read:

§1672.__Phaseout of products containing mercury; exemptions

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Fabricated mercury-added product" means a product that consists of a combination of individual components that combine to make a single unit, including, but not limited to, mercury-added measuring devices, lamps and switches.

B.__"Formulated mercury-added product" means a chemical product, including, but not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and coating materials, that is sold as a consistent mixture of chemicals.

C. "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury- added product produced in a foreign country. In the case of a multicomponent mercury-added product, "manufacturer" means the last manufacturer to produce or assemble the product. If the multicomponent product is produced in a foreign country, the manufacturer is the importer or domestic distributor.

D.__Notwithstanding section 1661, subsection 1, "mercury- added product" means a product, commodity, chemical or product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, chemical or component in order to provide a specific characteristic, appearance or quality or to perform a specific function or for any other reason. "Mercury-added product" includes formulated mercury-added products and fabricated mercury-added products.

2.__Phase-out; levels.__A person may not offer for final sale or use or distribute for promotional purposes any mercury-added product if the mercury content of that product exceeds:

A.__Beginning January 1, 2004, 1,000 milligrams for a fabricated mercury-added product or 250 parts per 1,000,000 for a formulated mercury-added product;