§ 38 §1661-C — Restrictions on sale and use of mercury

Maine § 38 §1661-C

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 16-B: MERCURY-ADDED PRODUCTS AND SERVICES

Text

1.
Fever thermometers.
2.
Manometers.
3.
Schools.
Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary or secondary classroom in the State. Manufacturers of such materials shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. Mercury-added products used by schools are not subject to this ban.
4.
Elemental mercury.
Effective January 1, 2002, a person may not sell or provide elemental mercury to another person except for manufacturing or recycling purposes without providing that person with a material safety data sheet, as defined in 42 United States Code, Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser or recipient:
5.
Mercury-added thermostats.
6.
Instruments and measuring devices.
Effective July 1, 2006, a person may not sell or offer to sell or distribute the following mercury-added products:
7.
Mercury switches and relays.
Effective July 1, 2006, a person may not sell or offer to sell or distribute a mercury switch or mercury relay individually or as a product component. This prohibition 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:
8.
Exemptions.

Subsections 6 and 7 do not apply to the sale of a mercury-added product for which an exemption is obtained under this subsection. The manufacturer or user of the product may apply for an exemption by filing a written petition with the commissioner. The commissioner may grant an exemption with or without conditions upon finding that:
9.
Button cell batteries.
This subsection governs the sale of mercury-added button cell batteries.
10.
Sale of used products.

Subsections 6 and 7 do not apply to the sale of used products.
11.
Mercuric oxide batteries.
A person may not sell, distribute or offer for sale in this State a consumer mercuric oxide button cell battery. The sale and use of all other types of mercuric oxide batteries is subject to the requirements of section 2165.
12.
Alkaline manganese and zinc-carbon batteries.
A person may not sell, distribute or offer for sale in this State the following batteries:

Legislative History

PL 2001, c. 373, §3 (NEW). PL 2001, c. 620, §1 (AMD). PL 2003, c. 221, §§3,4 (AMD). PL 2003, c. 551, §18 (AMD). PL 2005, c. 509, §2 (AMD). PL 2007, c. 98, §1 (AMD). PL 2009, c. 86, §1 (AMD). PL 2009, c. 277, §2 (AMD). PL 2009, c. 501, §§18-22 (AMD). PL 2011, c. 206, §§24-26 (AMD).