§ 25214.8.4. — 25214.8.4. (Added by Stats. 2005, Ch. 578, Sec. 4.)

(a)
Except as provided in subdivisions (b) to (e), inclusive, and Section 25214.8.5, on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a new or refurbished mercury switch or mercury relay individually or as a product component.
(b)
Subdivision (a) does not apply if the switch or relay is used to replace a switch or relay that is a component in a larger product in use prior to July 1, 2006, and one of the
following applies:
(1)
The larger product is used in manufacturing.
(2)
The switch or relay is integrated in and not physically separate from other components of the larger product.
(c)
Subdivision (a) 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.
(d)
Subdivision (a) does not apply to a mercury switch or a mercury relay that contains less than 1 milligram of mercury, if the manufacturer of the mercury switch or relay has notified the department of its plans to operate under an exemption pursuant to this subdivision. The notification shall be resubmitted to the department every three years. The initial and subsequent notifications shall be
signed and dated, and shall include all of the following:
(1)
The name of the manufacturer and the name, position, and contact information for the person who is the manufacturer’s contact person on all matters concerning the exemption.
(2)
An identification and description of the mercury switch or mercury relay to which the exemption applies.
(3)
A statement that the manufacturer certifies all of the following:
(A)
The mercury switch or relay is hermetically sealed by the manufacturer.
(B)
The mercury switch or relay is intended for industrial use in test and measurement instruments or in systems for monitoring and control applications.
(C)
There is no substantially equivalent nonmercury alternative technology for the intended use of the switch or relay, considering all aspects of electrical performance, size, power consumption, product life, and cost.
(D)
(1)
The manufacturer, individually, or in conjunction with an industry or trade group, has developed and implemented an ongoing program for the proper end-of-life collection, transportation, and management of exempted mercury switches or relays sold in this state, including the removal of the mercury switch or mercury relay from the product in which it is contained.
(2)
The program includes a consumer information component to ensure that users of the mercury switch or relay, and the products that contain the mercury switches or relays, are aware of available collection opportunities and legal requirements for management of the
mercury switch or relay, once the switch or relay or the product becomes a waste.
(E)
The manufacturer recognizes that the exemption provided by this subdivision becomes null and void if and when either of the following occurs:
(i)
The manufacturer fails to submit a new exemption notification, meeting the requirements of this subdivision, within three years following submission of the prior exemption notification.
(ii)
Any of the conditions set forth in subparagraphs (A) to (D), inclusive, are no longer satisfied.
(e)
Subdivision (a) does not apply to the resale of a refurbished imaging and therapy system utilized for medical diagnostic purposes that includes a mercury switch or relay if the manufacturer of the imaging and therapy system has notified
the department of its plans to operate under an exemption pursuant to this subdivision. The notification shall be signed and dated, and shall include all of the following:
(1)
The name of the manufacturer and the name, position, and contact information for the person who is the manufacturer’s contact person on all matters concerning the exemption.
(2)
An identification and description of the imaging and therapy system to which the exemption applies.
(3)
A statement that the manufacturer certifies all of the following:
(A)
The mercury switch or relay is integrated in, and not physically separate from, other components of the larger product.
(B)
The larger product was initially manufactured
prior to July 1, 2006.
(C)
(1)
The manufacturer, individually, or in conjunction with an industry or trade group, has developed and implemented an ongoing program for the proper end-of-life collection, transportation, and management of mercury switches or relays contained in exempted imaging and therapy systems sold in this state, including the removal of the mercury switch or mercury relay from the product in which it is contained.
(2)
The program includes a consumer information component to ensure that users of the products that contain the mercury switches or relays are aware of available collection opportunities and legal requirements for management of the mercury switch or relay, and the products that contain the mercury switches or relays, once the switch or relay or the product becomes a waste.
(D)
The manufacturer recognizes that the exemption provided by this subdivision becomes null and void if and when any of the conditions set forth in subparagraphs (A) and (B) are no longer satisfied.

Legislative History

Added by Stats. 2005, Ch. 578, Sec. 4. Effective January 1, 2006.