§ 30:2583 — Limitations on the use of elemental mercury

A. On and after July 1, 2007, 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 U.S.C. 11049, and the seller, distributor, or provider shall require the purchaser or recipient at the time of receipt of any elemental mercury to sign a statement attesting the purchaser or recipient:
(1) Will use the mercury only for medical, dental, research or manufacturing purposes.
(2) Understands mercury is toxic and the purchaser will store, use, and otherwise handle exposure to such mercury in accordance with regulations promulgated by the department pursuant to the provisions of this Section. For qualified health care providers, those regulations shall incorporate best management practices in accordance with guidelines of the American Dental Association, the American Medical Association, and other nationally recognized professional health care organizations.
(3) Will dispose of the elemental mercury in accordance with state, federal, and local law and regulation.
B. The department shall promulgate regulations providing for the appropriate manner of disposal of mercury used for medical and dental purposes.
C. To facilitate compliance with the disposal ban, the Department of Environmental Quality may prepare and publish best management practice guidelines for dental offices and laboratories.

Legislative History

Acts 2006, No. 126, §1, eff. June 2, 2006.