§ 22a-616 — Ban on sale or distribution of mercury-added novelties, mercury fever thermometers, mercury dairy manometers and mercury button cell batteries. 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 physician assistant or an advanced practice registered nurse. 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 Energy and 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. (e) Notwithstanding the provisions of section 22a-617 , on and after July 1, 2011, no person shall offer for sale or distribute for promotional purposes button cell batteries containing mercury or any product containing such batteries, except: (1) A battery containing mercury described as an Hg-silver oxide battery that is used exclusively in a medical device to automatically deliver insulin to a person may be sold or distributed for promotional purposes until January 1, 2015; and (2) silver oxide batteries and any product containing silver oxide batteries may be offered for sale or distributed for promotional purposes until July 1, 2012. A manufacturer that produces or sells button cell batteries containing mercury or any product containing such batteries shall notify retailers about the provisions of this subsection and how to dispose of the remaining inventory property, except a battery containing mercury described as an Hg-silver oxide battery that is used exclusively in a medical device to automatically deliver insulin to a person and silver oxide batteries and any product containing silver oxide batteries, in accordance with this title.

Legislative History

(P.A. 02-90, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 06-181, S. 4; P.A. 11-80, S. 1; 11-231, S. 1; P.A. 16-39, S. 52; P.A. 21-196, S. 51.) 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; P.A. 06-181 added Subsec. (e) prohibiting, on and after July 1, 2011, the offer for sale or distribution for promotional purposes of button cell batteries containing mercury or products containing such batteries, effective July 1, 2006; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (c), effective July 1, 2011; P.A. 11-231 amended Subsec. (e) by adding exception to ban, until January 1, 2015, for batteries containing mercury described as an Hg-silver oxide battery that is used exclusively in a medical device to automatically deliver insulin and exception to ban, until July 1, 2012, for silver oxide batteries and any product containing silver oxide batteries, effective July 13, 2011; P.A. 16-39 amended Subsec. (b) by adding reference to advanced practice registered nurse; P.A. 21-196 amended Subsec. (b) by adding reference to physician assistant.