Sec. 1. 38 MRSA §1611 is enacted to read:

§1611.__Button cell batteries

1.__Button cell battery defined.__For the purposes of this section, "button cell battery" means a tiny, circular battery that contains mercuric oxide and that is made for microelectronic applications, including, but not limited to, watches.

2.__Label required.__A button cell battery must bear an appropriate identification mark and must be packaged with information regarding proper disposal in accordance with this section.

3.__Disposal.__Beginning January 1, 2007, a person may not dispose of a button cell battery in a solid waste disposal facility or by burial, incineration, deposit or dumping so that the battery or any of its constituents may enter the environment or be emitted into the air or discharged into any waters.

4.__Button cell battery retailers.__A person selling or offering for retail sale button cell batteries must accept, at the point of transfer, used button cell batteries in reasonably clean and unbroken condition from customers.

5.__Violations.__A person that violates this section commits a civil violation subject to section 349.

Sec. 2. 38 MRSA §1661, sub-§1, ¶¶D and E, as repealed and replaced by PL 2001, c. 656, §1, are amended to read:

D. An electric relay or other electrical device; and

E. A lamp.; and

Sec. 3. 38 MRSA §1661, sub-§1, ¶F is enacted to read:

F.__A novelty with a battery that contains mercury.

Sec. 4. 38 MRSA §1661, sub-§6 is enacted to read:

6.__Novelty.__"Novelty" means a product intended mainly for personal or household enjoyment or adornment.__"Novelty" includes, but is 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.