This subsection does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is required under federal law or federal contract specification.

8.__Exemptions.__Subsections 6 and 7 do not apply to the sale of a mercury-added product for which an exemption is obtained under this subsection.__The manufacturer or user of the product may apply for an exemption by filing a written petition with the commissioner.__The commissioner may grant an exemption with or without conditions upon finding that:

A.__A system exists for the proper collection, transportation and processing of the product at the end of its life; and

B.__One of the following applies:

(1)__Use of the product provides a net benefit to the environment, public health or public safety when compared to available nonmercury alternatives; or

(2)__Technically feasible nonmercury alternatives are not available at comparable cost.

Prior to approving an exemption, the commissioner shall consult with neighboring states, by means of the interstate clearinghouse under section 1671 or otherwise, to promote consistency in the way in which mercury-added products are regulated.__Exemptions may be granted for a term not to exceed 5 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of this subsection and the manufacturer or other persons comply with the conditions of its original approval.__The board shall adopt rules for processing exemption applications that provide for public participation, taking into account the role of the interstate clearinghouse.__ Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill bans the sale of mercury switches, mercury relays and certain mercury-added measuring devices and instruments effective July 1, 2006. The ban does not apply to the sale of mercury switches or mercury relays used as replacement parts in existing manufacturing equipment or in other equipment or machinery in which the switch or relay is integrated with other