Sec. 22a-614. Multistate clearinghouse. The commissioner shall participate in
the regional multistate clearinghouse to assist in carrying out the requirements set forth
in sections 22a-612 to 22a-625, inclusive, to act as the designated agent of the clearinghouse for the purposes of receiving notifications and submissions of information as
required by sections 22a-612 to 22a-625, inclusive, and to help coordinate reviews of
the manufacturers' notifications regarding mercury-added products, applications for
phase-out exemptions, collection system plans, disclosures of mercury-added content,
applications for alternative labeling or notification systems or both, education and outreach activities, and any other functions related to sections 22a-612 to 22a-625, inclusive.
(P.A. 02-90, S. 3; P.A. 03-123, S. 15.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change, effective June 26, 2003.
Sec. 22a-615. Notification. (a) On and after January 1, 2003, no person shall offer
any mercury-added product for sale or distribute any such product for promotional purposes in this state unless the manufacturer or its designated industrial trade group gives
prior notification in writing to the commissioner or the regional multistate clearinghouse
described in section 22a-614 as provided in this section. Such notification, in a form
prescribed by the commissioner, shall at a minimum include (1) a brief description of
the product or category of products to be offered for sale or distributed; (2) an identification of each product by its mercury content in one of the following ranges: Less than
zero to five milligrams, greater than five milligrams to ten milligrams, greater than ten
milligrams to fifty milligrams, greater than fifty milligrams to one hundred milligrams,
greater than one hundred milligrams to one thousand milligrams and greater than one
thousand milligrams; (3) the actual total amount of mercury in each product; and (4)
the name and address of the manufacturer and the position, address and phone number
of a contact person at the manufacturer. The manufacturer or its designated industrial
trade group shall revise the information in the notification whenever there is significant
change in the information or when requested by the commissioner or the regional
multistate clearinghouse.
(b) Any mercury-added product for which federal law preempts state authority over
notice requirements is exempt from the requirements of this section.
(c) With the approval of the commissioner, the manufacturer or its designated industrial trade group may supply the information required in subdivisions (1) to (3), inclusive,
of subsection (a) of this section for a product category rather than an individual product.
(d) Public disclosure of trade secrets submitted to the commissioner pursuant to
this section shall be governed by the provisions of chapter 14. Notwithstanding the
provisions of chapter 14, the commissioner may provide the regional multistate clearinghouse described in section 22a-614 with copies of such information and the commissioner, in consultation with the 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.
(P.A. 02-90, S. 4; P.A. 03-123, S. 16.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made technical changes in Subsecs. (a) and (d), effective June
26, 2003.
Sec. 22a-616. Ban on sale or distribution of mercury-added novelties, mercury
fever thermometers, mercury dairy manometers. Restriction on use of mercury
amalgam. (a) Notwithstanding the provisions of section 22a-617, on and after July 1,
2003, no person shall offer for sale or distribute for promotional purposes in the state any
mercury-added novelty. A manufacturer that produces or sells mercury-added novelties
shall notify retailers that sell mercury-added novelties about such product ban and inform
such retailers of how to dispose of the remaining inventory in accordance with the
hazardous waste provisions of this title.
(b) Notwithstanding the provisions of section 22a-617, on and after January 1, 2003,
no person shall offer for sale or distribute for promotional purposes mercury fever thermometers except by prescription written by a physician. A manufacturer of mercury
fever thermometers shall provide the buyer or the recipient with notice of mercury content, instructions on proper disposal and instructions that clearly describe how to carefully handle the thermometer to avoid breakage and on proper cleanup should a breakage
occur.
(c) Notwithstanding the provisions of section 22a-617, on and after July 1, 2003,
no person shall offer for sale or distribute for promotional purposes mercury dairy manometers. A manufacturer that produces or sells mercury dairy manometers shall notify
retailers about the provisions of this subsection and how to dispose of the remaining
inventory properly in accordance with this title. The Commissioner of Environmental
Protection, in consultation with the Commissioner of Agriculture, shall examine the
feasibility of implementing a collection and replacement program for dairy manometers,
and shall implement such a program within available appropriations.
(d) On and after July 1, 2003, no vocational dental education or training school
shall use mercury amalgam unless such school has developed and implemented a plan
approved by the commissioner that assures best management practices are used to prevent discharge of mercury into the waters of the state, any pollution abatement facility
or subsurface sewage disposal system, and to properly handle and recycle or dispose of
waste elemental mercury and amalgam. Such plan shall provide for an education program for students regarding the hazards of mercury and best management practices.
(P.A. 02-90, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 02-90 effective July 1, 2002; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with
Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30
Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective
June 1, 2004.
Sec. 22a-617. Restriction on sale or distribution of mercury-added products.
Working group on regulation of certain mercury-added products. (a) Except as
provided in section 22a-618, except for products that contain a mercury-containing lamp
used for backlighting that cannot feasibly be removed by the purchaser and except for
specialized lighting used in the entertainment industry such as metal halide lights, no
person shall offer for sale or distribute for promotional purposes any mercury-added
product if: (1) After July 1, 2004, the mercury content of the product exceeds one gram
in the case of fabricated mercury-added products or two hundred fifty parts per million
in the case of formulated mercury-added products; and (2) on and after July 1, 2006, the
mercury content of the product exceeds one hundred milligrams in the case of fabricated
mercury-added products or fifty parts per million in the case of formulated mercury-added products.
(b) Not later than July 1, 2003, the commissioner shall convene a working group
which shall include, but not be limited to, government representatives from other northeastern states to (1) evaluate advances in technology and make recommendations regarding the regulation of mercury-added products that have a mercury content in excess of
ten milligrams or ten parts per million but less than one hundred milligrams or fifty
parts per million and specialized lighting used in the entertainment industry such as
metal halide lights, and (2) evaluate the uses of lamps that have a mercury content of
not less than one hundred milligrams and not more than one gram and alternatives to
such lamps and make recommendations regarding the regulation of lamps that have a
mercury content of not less than one hundred milligrams and not more than one gram.
Within such working group, the commissioner shall convene a subgroup which shall
include, but not be limited to, industry trade groups for mercury-containing lamps to
develop a plan in accordance with section 22a-620 to provide for the collection of such
lamps. The working group shall finalize its recommendations regarding subdivision (1)
of this subsection and the subgroup shall make its recommendations not later than July
1, 2004. The working group shall make its recommendations regarding subdivision (2)
of this subsection not later than January 1, 2005.
(c) In the case of a product that contains one or more mercury-added products as a
component, the phase-out limits specified in subsection (a) of this section apply to each
component part or parts and not to the entire product.
(P.A. 02-90, S. 6; P.A. 04-151, S. 10.)
History: P.A. 02-90 effective July 1, 2002; P.A. 04-151 amended Subsec. (b) to designate existing provision re duties
of working group as Subdiv. (1), add Subdiv. (2) re evaluation of uses of lamps that have a mercury content of not less
than one hundred milligrams and not more than one gram, require working group to make recommendations on evaluation
under Subdiv. (2) not later than January 1, 2005, and make conforming changes, effective May 21, 2004.
Sec. 22a-618. Exemptions from restrictions on sale or distribution of mercury-added products. (a) The commissioner shall exempt a mercury-added product from
the limits on total mercury content set forth in subsection (a) of section 22a-617 if the
level of mercury or mercury compounds contained in the product are necessary to comply with federal or state health or safety requirements. In order to obtain such exemption,
the manufacturer shall provide the commissioner with, and notify the regional multistate
clearinghouse described in section 22a-614 of, information that demonstrates such necessity.
(b) A manufacturer of a mercury-added product or category of products may apply
to the commissioner and notify the clearinghouse for a modified or conditional exemption from the limits on total mercury content set forth in subsection (a) of section 22a-617 provided such exemption shall be for not more than four years.
(c) The manufacturer shall apply for a modified or conditional exemption (1) not
later than one year before the effective date of the limit for which the exemption is being
requested in the case of an existing product or category of products, or (2) prior to the
sale or distribution in the case of promotional purposes of a new product or category of
products.
(d) An application for a modified or conditional exemption shall (1) document the
basis for the requested exemption or renewal of exemption, and (2) describe how the
manufacturer will ensure that a system exists for the proper collection, transportation
and processing of the product or products at the end of their useful life.
(e) In determining whether to grant a modified or conditional exemption for a product or category of products the commissioner shall consider (1) whether a system exists
for the proper collection, transportation and processing of the mercury-added product,
including, but not limited to, a system for the direct return of a waste product to the
manufacturer or a collection and recycling system that is supported by an industry or
trade group, or other similar private or public sector efforts, and (2) whether each of the
following criteria is met: (A) Use of the product is beneficial to the environment or
protective of public health or protective of public safety; (B) there is no technically
feasible alternative to the use of mercury in the product; (C) there is no comparable
product, other than a mercury-added product, available at reasonable cost; and (D) with
respect to a renewal of an exemption, reasonable efforts have been made to remove
mercury from the product.
(f) Prior to issuing a modified or conditional exemption, the commissioner shall
consult with the clearinghouse, states, Canadian provinces and regional governmental
organizations to promote consistency in the implementation of this section.
(g) The commissioner may renew, for a period of not longer than four years, a
modified or conditional exemption one or more times if (1) the manufacturer applies
for the renewal, and (2) the commissioner finds that the manufacturer meets the requirements for such exemption and that the manufacturer has complied with all the conditions
of the original approval.
(P.A. 02-90, S. 7; P.A. 03-123, S. 17; P.A. 04-109, S. 11.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change in Subsec. (a), effective June 26, 2003;
P.A. 04-109 amended Subsec. (a) to make technical changes, effective May 21, 2004.
Sec. 22a-619. Labeling requirements. Advisement regarding mercury. Alternatives. Information regarding outdoor lamps that contain mercury. (a) Except as
provided in subsection (g) of this section, on and after July 1, 2004, no person shall
offer for sale or distribute for promotional purposes any mercury-added product unless
both the product and either its packaging or care and use manual are labeled in accordance with this section, any regulations adopted under this section or the terms of any
approved alternative labeling or notification granted under subsection (h) of this section.
A retailer shall not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.
(b) Except as provided in subsection (g) of this section, if a mercury-added product
is a component of another product, the product containing the component and the component shall both be labeled as provided in this section, provided such component may
feasibly be removed from the product by the purchaser. The label on a product containing
a mercury-added component that can be feasibly removed shall identify the component
with sufficient detail so that the component may be readily located for removal.
(c) All labels contained on packaging shall be clearly visible prior to sale and all
labels required on the product packaging or in the care and use manual shall be sufficient
to inform the purchaser, using words or symbols, that mercury is present in the product
and that the product should be properly disposed of or recycled in accordance with the
hazardous waste provisions of this title.
(d) Labels affixed to the product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.
(e) On and after July 1, 2004, any person offering a mercury-added product for sale
through a catalog, or distributing such product for promotional purposes shall clearly
advise in writing the purchaser or recipient prior to the time of sale or distribution that
the product contains mercury. On and after July 1, 2004, any person offering a mercury-added product for sale by telephone shall clearly advise the purchaser or recipient prior
to the time of sale that the product contains mercury. Such requirements shall apply to
such transactions in which the purchaser or recipient is unable to view the labels on the
package or the product prior to purchase or receipt.
(f) The manufacturer of a product shall be responsible for product and package
labels required under this section, unless the wholesaler or retailer agrees in writing to
accept the responsibility of implementing an alternative to the labeling requirements of
this section provided such alternative is approved under subsection (h) of this section.
(g) (1) Manufacturers shall meet all the requirements of this section for large appliances, including, but not limited to, washers, dryers, ovens, including microwave ovens,
refrigerators, air conditioners, dehumidifiers or portable heaters sold in a store where
such appliance is on display, except that no package labeling shall be required; (2)
manufacturers shall meet all the requirements of this section for mercury fever thermometers, except that no product labeling shall be required; (3) in the case of vehicles, (A)
manufacturers shall meet the product labeling requirements of this section for vehicles
by placing a label on the doorpost of the vehicles that lists the mercury-added components that may be present in the vehicle, and (B) manufacturers shall not be required to
label the mercury-added components of the vehicle; (4) manufacturers of products that
contain a mercury-containing lamp used for backlighting that cannot feasibly be removed by the purchaser shall meet the product labeling requirements of this section by
placing the label on the product or its care and use manual; (5) manufacturers shall meet
all the requirements of this section for button cell batteries containing mercury, except
that no labeling shall be required; (6) in the case of products that contain button cell
batteries containing mercury as the only mercury components, manufacturers shall meet
the packaging requirements of this section by including a label in the product instructions, if any, and on the packaging, and no further product labeling shall be required;
(7) manufacturers of fluorescent lights and high-intensity discharge lamps shall meet
the labeling requirements of this section by labeling the product packaging; and (8)
manufacturers of medical equipment not intended for use by nonmedical personnel are
exempt from this section.
(h) (1) A manufacturer may apply to the commissioner and the regional multistate
clearinghouse described in section 22a-614 for an alternative to the requirements of
subsections (a) to (g), inclusive, of this section if: (A) Compliance with the requirements
is not feasible; (B) the proposed alternative would be at least as effective in providing
presale notification of mercury content and in providing instructions on proper disposal;
or (C) federal law preempts state authority over labeling.
(2) The commissioner may approve, deny, modify or condition a request for an
alternative to the requirements of subsections (a) to (g), inclusive, of this section. An
approval shall be for a period of no more than two years and may, upon continued
eligibility under the criteria of this section and compliance with the conditions of its
prior approval, be renewed. Requests for renewals shall be submitted ninety days before
the expiration of the approval. Prior to approving an alternative, the commissioner shall
consult with states, Canadian provinces and regional government organizations to insure
that the commissioner's labeling requirements are consistent with those of other jurisdictions in the region. The commissioner may revoke an approval for cause.
(i) Notwithstanding the provisions of this section, a person who sells mercury-added
lamps to the owner or manager of any industrial, commercial or office building or to
any person who replaces or removes from service outdoor lamps that contain mercury
shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate
document that the lamps contain mercury, a hazardous substance that is regulated by
federal and state law, and that they may not be placed in the solid waste destined for
disposal. Retail establishments that incidentally sell mercury-added lamps to purchasers
are exempt from the requirements of this subsection. A person who contracts with the
owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly
inform in writing the person for whom the work is being done that the lamps being
removed from service contain mercury and what the contractor's arrangements are for
the management of the mercury in the removed lamps.
(P.A. 02-90, S. 8; P.A. 03-123, S. 18; 03-276, S. 1.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change in Subsec. (h)(1), effective June 26,
2003; P.A. 03-276 added "and high-intensity discharge lamps" in Subsec. (g)(7), effective July 1, 2003.
Sec. 22a-620. Plan for collection of mercury-added products. Report on collection system. Exemptions. (a) On and after July 1, 2003, no person shall offer any
mercury-added product for sale or distribute any such product for promotional purposes
unless the manufacturer either on its own or in concert with other persons has submitted
a plan to the commissioner for a system that reasonably enables the collection of such
products. If a mercury-added product is a component of another product, the collection
system shall provide for removal and collection of the mercury-added component or
collection of both the mercury-added component and the product containing it.
(b) The collection system shall include (1) a public education program to inform
the public about the purpose of the collection program and how to participate in it; (2)
a targeted capture rate for the mercury-added product or component; (3) a plan for
implementing and financing the collection system; (4) documentation of the willingness
of all parties to the system to implement the proposed collection system; (5) a description
of the performance measures to be utilized and reported by the manufacturer to demonstrate that the collection system is meeting capture rate targets; (6) a description of
additional or alternative actions that will be implemented to improve the collection
system and its operation in the event that the program targets are not met; and (7) a
recycling or disposal plan.
(c) Not later than July 1, 2004, and biennially thereafter, the manufacturer or entity
that submitted the plan on behalf of the manufacturer shall submit a report to the commissioner and to the regional multistate clearinghouse described in section 22a-614 on the
effectiveness of the collection system. The report shall include an estimate of the amount
of mercury that was collected, the capture rate for the mercury-added products or components, the results of the other performance measures included in the manufacturer's
collection system plan, and such other information as the commissioner may require.
The commissioner shall make such reports available to the public.
(d) The cost for the collection system shall not be borne by state or local government.
(e) The commissioner shall review any impediments identified pursuant to subdivision (7) of subsection (b) of this section and the regulations adopted under this title
governing handling of waste from mercury-added products and, if necessary, may
amend regulations as appropriate to facilitate collection.
(f) The following are exempt from the provisions of this section: (1) Formulated
mercury-added products intended to be consumed in use, including, but not limited
to, reagents, cosmetics, pharmaceuticals and other laboratory chemicals; (2) fabricated
mercury-containing products where the only mercury is contained in a component that
cannot feasibly be removed by the purchaser including, but not limited to, electronic
products whose only mercury-added component is a mercury-containing lamp used for
backlighting provided such manufacturer or trade association maintains a web-based
service to provide information on recycling and safe disposal of such products; (3)
photographic film and paper; (4) a manufacturer or trade association of mercury-containing lamps that maintains a toll-free telephone number and an Internet-based service
to provide information on recycling and safe disposal of such lamps and directs consumers to such telephone number and service on any statutorily-required package label; and
(5) any other product for which the commissioner determines a collection plan is not
feasible.
(P.A. 02-90, S. 9; P.A. 03-123, S. 19, 20.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change in Subsecs. (c) and (f), effective June
26, 2003.
Sec. 22a-621. Restrictions on sale or distribution of elemental mercury. Except
as provided in section 22a-622, no person shall offer for sale or distribute for promotional
purposes or provide elemental mercury without providing a Material Safety Data Sheet,
as defined in 42 USC 11049. On and after July 1, 2003, the seller, distributor or provider
shall require the purchaser or recipient at the time of receipt of any elemental mercury
to sign a statement that the purchaser or recipient (1) will use the mercury only for
medical, research or manufacturing purposes; (2) understands that mercury is toxic and
that the purchaser will store, use and otherwise handle exposure to such mercury in
accordance with state and federal law; and (3) will dispose of the elemental mercury in
accordance with state and federal law.
(P.A. 02-90, S. 10.)
History: P.A. 02-90 effective July 1, 2002.
Sec. 22a-622. Restrictions on sale or distribution of elemental mercury to a
dental practitioner. No person shall offer for sale, distribute for promotional purposes
or provide elemental mercury to a dental practitioner without providing a Material Safety
Data Sheet, as defined in 42 USC 11049. On and after July 1, 2003, such dental practitioner shall (1) use the mercury only for dental purposes; (2) store, use and otherwise
handle exposure to such mercury in accordance with the accepted guidelines of the
American Dental Association, state and federal law and any applicable best management
practices adopted by the state; and (3) dispose of the elemental mercury in accordance
with state and federal law.
(P.A. 02-90, S. 11.)
History: P.A. 02-90 effective July 1, 2002.
Sec. 22a-623. Exemptions for mercury-added products with certain manufacture dates. (a) Mercury-added products with a code or date of manufacture indicating
they were manufactured prior to January 1, 2003, or mercury-added products for which
the manufacturer provides documentation that the product was manufactured prior to
January 1, 2003, shall be exempt from section 22a-615, except that motor vehicles with
a code or date of manufacture prior to October 1, 2003, or motor vehicles for which
the manufacturer provides documentation that the product was manufactured prior to
October 1, 2003, shall be exempt from such sections.
(b) Mercury-added products with a code or date of manufacture indicating they
were manufactured prior to January 1, 2004, or mercury-added products for which the
manufacturer provides documentation that the product was manufactured prior to January 1, 2004, shall be exempt from sections 22a-617 and 22a-619, except that motor
vehicles with a code or date of manufacture prior to October 1, 2003, or motor vehicles
for which the manufacturer provides documentation that the product was manufactured
prior to October 1, 2003, shall be exempt from such sections.
(c) Mercury-added products with a code or date of manufacture indicating they
were manufactured prior to July 1, 2003, or mercury-added products for which the
manufacturer provides documentation that the product was manufactured prior to July
1, 2003, shall be exempt from section 22a-620, except that motor vehicles with a code
or date of manufacture prior to October 1, 2003, or motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1,
2003, shall be exempt from such sections.
(P.A. 02-90, S. 12.)
History: P.A. 02-90 effective July 1, 2002.
Sec. 22a-624. Public education program. (a) The commissioner, in consultation
with other state agencies, may implement a comprehensive program for public education, outreach and assistance for manufacturers, households, waste generators, local and
regional solid waste management agencies, businesses, health care facilities, scrap metal
processors, recyclers, dismantlers, institutions, schools and other interested groups.
Such program may focus on the hazards of mercury; the requirements and obligations
of individuals, manufacturers and agencies under sections 22a-612 to 22a-623, inclusive, and voluntary efforts that individuals, institutions and businesses can undertake
to help further reduce mercury in the environment. The commissioner, in conjunction
with manufacturers of mercury-added products and other affected businesses, may promote the development and implementation of such public education and technical assistance programs.
(b) The commissioner may cooperate with other states and Canadian provinces and
regional organizations in developing public education, outreach and assistance programs.
(c) The commissioner may develop an awards program to recognize the accomplishments of those persons who exceed the minimum requirements of sections 22a-615 to 22a-623, inclusive, and who excel at reducing or eliminating mercury in air
emissions or releases.
(P.A. 02-90, S. 13.)
History: P.A. 02-90 effective July 1, 2002.
Sec. 22a-625. Exemption for pharmaceuticals, pharmaceutical products, biological products and substances sold without a prescription. The provisions of sections 22a-612 to 22a-625, inclusive, shall not apply to pharmaceuticals, pharmaceutical
products, biological products or any substance that may be lawfully sold over the counter
without a prescription under the federal Food, Drug and Cosmetics Act, 21 USC 301
et seq. For purposes of this section, "Biological product" means a virus, therapeutic
serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or arsphenamine a derivative of arsphenamine or any other
trivalent organic arsenic compound used for the prevention, treatment or cure of a disease
or condition of human beings.
(P.A. 02-90, S. 14.)
History: P.A. 02-90 effective July 1, 2002.