A. The manufacturer has demonstrated that a system exists for the proper collection, transportation and processing of the mercury-added thermostat at the end of its life; and

B. The specific use or uses of the mercury-added thermostat provide a net benefit to the environment, public health or public safety when compared to available nonmercury alternatives.

For the purposes of this subsection, a "mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating or air-conditioning equipment.__"Mercury-added thermostat" includes thermostats used to sense and control room temperature in residential, commercial, industrial and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

Sec. 4. 38 MRSA §1661-C, sub-§§6 to 8 are enacted to read:

6.__Instruments and measuring devices.__Effective July 1, 2006, a person may not sell or offer to sell or distribute the following mercury-added products:

A.__A barometer;

B.__An esophageal dilator, bougie tube or gastrointestinal tube;

C.__A flow meter;

D.__A hydrometer;

E.__A hygrometer or psychrometer;

F.__A manometer other than a manometer prohibited from sale under subsection 2;