§ 27-2107 — Prohibitions

§ 27-2107. Prohibitions.\n 1. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge in the state any\nmercury-added novelty consumer product. A manufacturer that produces or\nsells mercury-added novelty consumer products shall notify retailers\nthat sell mercury-added novelty consumer products about such product ban\nand inform such retailers of how to properly dispose of the remaining\ninventory.\n 2. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge mercury fever\nthermometers or mercury body thermometers except by prescription written\nby a physician. A manufacturer of such thermometers shall provide the\nbuyer or the recipient with notice of mercury content, instructions on\nproper disposal and instructions that clearly describe how to carefully\nhandle the thermometer to avoid breakage and on proper cleanup should a\nbreakage occur.\n 3. On or after January first, two thousand five, no person shall sell,\noffer for sale or distribute free of charge in the state elemental\nmercury, other than within a mercury-added consumer product, without\nrequiring the final purchaser or recipient to sign a statement that the\npurchaser will use the mercury only for medical, pre-encapsulated dental\namalgam, research, or manufacturing purposes.\n 4. On or after September fourth, two thousand four, no primary or\nsecondary school in New York state may use or purchase elemental\nmercury. Mercury-added consumer products which are not otherwise\nprohibited by this title that are used by schools are not subject to\nthis prohibition.\n 5. On or after January first, two thousand six, no person shall sell,\noffer for sale or distribute the following mercury-added consumer\nproducts:\n (a) mercury barometers;\n (b) mercury esophageal dilators, mercury bougie tubes or mercury\ngastrointestinal tubes;\n (c) mercury flow meters;\n (d) mercury hygrometers or mercury psychrometers; and\n (e) mercury pyrometers;\n The provisions of this subdivision shall not apply to the sale or\ndistribution of any mercury-added consumer product delineated in this\nsubdivision if such product is used to replace a product that is a\ncomponent in a larger product in use prior to January first, two\nthousand six, or the resale of any mercury-added consumer product\ndelineated in this subdivision manufactured before December\nthirty-first, two thousand five.\n 6. On or after January first, two thousand seven, no person shall\nsell, offer for sale or distribute any mercury hydrometer or mercury\nmanometer. The provisions of this subdivision shall not apply to the\nsale or distribution of any mercury-added consumer product delineated in\nthis subdivision if such product is used to replace a product that is a\ncomponent in a larger product in use prior to January first, two\nthousand seven, or the resale of any mercury-added consumer product\ndelineated in this subdivision manufactured before December\nthirty-first, two thousand six.\n 7. On or after January first, two thousand eight, no person shall\nsell, offer for sale or distribute any mercury switch or mercury relay\nindividually or as a product component. The provisions of this\nsubdivision shall not apply to the sale or distribution of any\nmercury-added consumer product delineated in this subdivision if such\nproduct is used to replace a product that is a component in a larger\nproduct in use prior to January first, two thousand eight, or the resale\nof any mercury-added consumer product delineated in this subdivision\nmanufactured before December thirty-first, two thousand seven.\n 8. On or after January first, two thousand twelve, no person shall\nsell, offer for sale or distribute any mercury sphygmomanometer, mercury\nwetted reed relay, mercury flame sensor, mercury thermometer, or mercury\nthermostat, except for mercury thermostats used by a blind or visually\nimpaired person. The provisions of this subdivision shall not apply to\nthe sale or distribution of any mercury-added consumer product\ndelineated in this subdivision if such product is used to replace a\nproduct that is a component in a larger product in use prior to January\nfirst, two thousand twelve or the resale of any mercury-added consumer\nproduct delineated in this subdivision manufactured prior to January\nfirst, two thousand twelve.\n 9. The provisions of subdivisions five, six, seven and eight of this\nsection shall not apply to the sale or distribution of any mercury-added\nconsumer product delineated in those subdivisions if the use of such\nproduct is a federal requirement. The department shall develop\ninformational materials on the dangers of mercury-added consumer\nproducts, specifically thermometers and barometers, and disseminate such\nmaterials to antique dealers and resale establishments.\n 10. The department may grant a waiver from the provisions of\nsubdivision eight of this section upon request by the manufacturer of a\nmercury-added consumer product.\n (a) An application for a waiver shall be in the form prescribed by the\ndepartment and document the basis for the requested waiver or renewal of\na waiver and describe how the manufacturer will ensure that a system\nexists for the proper collection, transportation and processing of the\nmercury-added consumer products at the end of their useful life.\n (b) The application must include at a minimum, information that\ndemonstrates:\n (i) there are no non-mercury alternatives that are comparable in price\nto, are as effective in performance as, or are as accurate and precise\nas the identified mercury-added consumer product;\n (ii) the use of the mercury-added consumer product provides a net\nbenefit to the environment, public health, or public safety when\ncompared to a non-mercury alternative; or\n (iii) there are other factors affecting the use of non-mercury\nalternatives.\n (c) The manufacturer must notify the regional multi-state\nclearinghouse, as identified in section 27-2115 of this title, of its\nrequest for a waiver pursuant to this subdivision and provide the\nclearinghouse with the information required in its waiver application.\n (d) The department may grant or deny, in whole or in part, a request\nfor a waiver. In determining whether to grant or deny a waiver or waiver\nrenewal, the department may consult with the clearinghouse, other\nstates, or regional governmental organizations to promote consistency in\nthe implementation of this subdivision.\n (e) Waivers shall be granted for a period not to exceed two years.\nUpon a request by the manufacturer, the department may renew a waiver\nfor a period not to exceed two years if the department finds that the\nmanufacturer continues to meet the requirements for a waiver, that the\nmanufacturer has complied with all conditions of the original waiver,\nand the manufacturer demonstrates that reasonable efforts have been made\nto remove mercury from the product subject to the waiver.\n 11. On and after January first, two thousand twenty-one, no producer\nof mercury-added lamps shall sell, offer for sale, or distribute such\nlamps that fail to meet mercury content standards adopted by the\ndepartment pursuant to rules and regulations. Such standards shall\ninclude what, if any, allowance should be granted for slight variations\nin the amount of mercury resulting from production variances. For the\nfollowing general purpose lights, mercury content shall be no higher\nthan:\n (a) 2.5 milligrams for screw-based compact fluorescent lamps less than\nthirty watts;\n (b) 3.5 milligrams for straight fluorescent T8 lamps with a normal\nlifetime (excluding 8-foot models) and 3.0 milligrams for straight\nfluorescent T5 lamps with a normal lifetime;\n (c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a\nlong lifetime;\n (d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps\nand 8-foot linear fluorescent lamps (excluding very high output models);\n 12. On or before December thirty-first, two thousand twenty-six,\nmercury content standards established in accordance with this section\nshall not apply to special purpose lights.\n