CHAPTER 24.8
MERCURY REDUCTION AND EDUCATION ACT

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;

(2) Mercury deposition has proven to be a significant problem in the northeastern United States;

(3) Consumption of mercury-contaminated freshwater fish poses a significant public health threat to the residents of Rhode Island;

(4) In order to address these real threats to public health and the environment, the state has been and should continue to actively cooperate with other states in the region to help minimize harm resulting from mercury in food, soil, air and water; and

(5) The intent of this act is to achieve significant reductions in environmental mercury by encouraging the establishment of effective waste reduction, recycling, management and education programs.

(1) "Department" means the department of environmental management.

(2) "Director" means the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.

(3) "Healthcare facility" means any hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office or health maintenance organization.

(4) "Formulated mercury-added product" means a chemical product, including, but not limited to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals and coating materials that are sold as a consistent mixture of chemicals.

(5) "Fabricated mercury-added product" means a product that consists of a combination of individual components that combine to make a single unit, including, but not limited to, mercury-added measuring devices, lamps and switches.

(6) "Mercury-added product" means a product, commodity, chemical or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.

(7) "Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.

(8) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), or similar products.

(9) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multi-component mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor.

(b) Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.

(c) With the approval of the director, the manufacturer may supply the information required above for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the director. The director may define and adopt specific requirements for the content and submission of the required notification.

(b) After January 1, 2002, a person may not sell or supply mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers must, in addition to providing notice of mercury content and instructions on proper disposal, supply clear instructions on the careful handling of the thermometer to avoid breakage and on proper cleanup should a breakage occur. Mercury fever thermometers manufacturers must also comply with section 23-24.8-5 and section 23-24.8-7 through section 23-24.8-10.

(c) After January 1, 2003, no school in Rhode Island may use or purchase for use in a primary or secondary classroom, bulk elemental or chemical mercury, or mercury compounds. Manufacturers that produce and sell such materials must notify retailers about the provisions of this ban and how to dispose of the remaining inventory properly. Other mercury-added products that are used by schools are not subject to this prohibition.

(i) One gram (1000 milligrams) for mercury-added fabricated products or two hundred fifty (250) parts per million (ppm) for mercury-added formulated products, effective two (2) years from the effective date of this chapter;

(ii) One hundred (100) milligrams for mercury-added fabricated products or fifty (50) parts per million (ppm) for mercury-added formulated products, effective four (4) years from the effective date of this chapter; and

(iii) Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per million (ppm) for mercury-added formulated products, effective six (6) years from the effective date of this chapter.

(b) For a product that contains one (1) or more mercury-added products as a component, this section is applicable to each component part or parts and not to the entire product. For example, if an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.

(c) For a product that contains more than one (1) mercury-added product as a component, the phase-out limits specified in section 23-24.8-7(a) apply to each component and not the sum of the mercury in all of the components. For example, for a car that contains mercury-added switches and lighting, the phase-out limits would apply to each component separately, and not the combined total of mercury in all of the components.

(d) Fluorescent lamps shall be exempt from the requirements of section 23-24.8-7(a). As of January 1, 2010, the mercury content of fluorescent bulbs shall either not exceed ten (10) milligrams or the manufacturer shall comply with the exemption requirements pursuant to section 23-24.8-7(f).

(e) A mercury-added product shall be exempt from the limits on total mercury content set forth in section 23-24.8-7(a) if the level of mercury or mercury compounds contained in the product are required in order to comply with federal or state health or safety requirements. In order to claim exemption under this section, the manufacturer must notify the department, in writing, and provide the legal justification for the claim of exemption.

(f) Manufacturers of a mercury-added product may apply to the director for an exemption for no more than two (2) years from the limits on total mercury content set forth in section 23-24.8-7(a) for a product or category of products. Applications for exemptions must: (i) document the basis for the requested exemption or renewal of exemption; (ii) describe how the manufacturer will ensure that a system exists for the proper collection, transportation and processing of the product(s) at the end of their useful life; and (iii) document the readiness of all necessary parties to perform as intended in the planned system.

(g) The director may grant, with modifications or conditions, an exemption for a product or category of products if he or she finds: (i) a system exists for the proper collection, transportation and processing of the mercury-added product, including direct return of a waste product to the manufacturer, an industry- or trade-group supported collection and recycling system, or other similar private or public sector efforts; and (ii) he or she finds each of the following criteria are met:

(1) use of the product is beneficial to the environment or protective of public health or protective of public safety; and

(2) there is no technically feasible alternative to use of mercury in the product; and

(3) there is no comparable nonmercury-added product available at reasonable cost.

Prior to issuing an exemption, the director shall consult with neighboring states and provinces and regional organizations to promote consistency. The state shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the director of continued eligibility under the criteria of this subsection and of compliance by the manufacturer with the conditions of the director's original approval, an exemption may be renewed one (1) or more times and each renewal may be for a period of no longer than two (2) years.

(ii) Where a mercury-added product is a component of another product, the product containing the component and the component must both be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(iii) All labels must be clearly visible prior to sale and must inform the purchaser, using words or symbols, that mercury is present in the product and that the product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater.

(iv) Labels affixed to the product shall be constructed of materials that sufficiently durable to remain legible for the useful life of the product.

(v) After January 1, 2004, any person offering a mercury-added product for final sale or use or promotional purposes to an address in Rhode Island shall clearly advise the purchaser or recipient at the point of sale that the product contains mercury. This requirement applies to all transactions where the purchaser or recipient is unable to view the labels on the package or the product prior to purchase or receipt, including, but not limited to, catalogue, telephone, and internet sales.

(vi) Responsibility for product and package labels required under this section shall be with the manufacturer, and not with the wholesaler or retailer unless the wholesaler or retailer agrees with the manufacturer to accept responsibility in conjunction with implementation of an alternative to the labeling requirements of this section approved under section 23-24.8-8 (c). In the case of a multi-component product, the responsible manufacturer is the last manufacturer to produce or assemble the product or, if the multi-component product is produced in a foreign country, the responsible manufacturer is the importer or domestic distributor.

(b) The following provisions shall apply for the products as specified: (i) labeling of large appliances (commonly called white goods) sold in a store where the appliance is on display shall meet all requirements of this section except that no package labeling is required; (ii) labeling of fever thermometers and button cell batteries shall meet all requirements of this section except that no product labeling is required; and (iii) labeling of motor vehicles shall meet all requirements of this section except that the mercury-added components are not required to be labeled. A door post label shall list the mercury-added components that may be present in the vehicle.

(c)(i) A manufacturer may apply to the director for an alternative to the requirements of this section where: strict compliance with the requirements is not feasible; or the proposed alternative would be at least as effective in providing pre-sale notification of mercury content and in providing instructions on proper disposal; or federal law governs labeling in a manner that preempts state authority.

(ii) Applications for an alternative to the requirements of this section must: (1) document the justification for the requested alternative; (2) described how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt; (3) describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater; (4) document the readiness of all necessary parties to implement the proposed alternative; and (5) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective pre-sale notification and pre-disposal notification.

(iii) The director may, grant, deny, modify, or condition a request for an alternative to the requirements of this section and approval of an alternative. Such waiver shall be for a period of no more than two (2) years and may, upon continued eligibility under the criteria of this section and compliance with the conditions of its prior approval, be renewed at two (2) year intervals. Prior to approving an alternative, the director shall consult with neighboring states, provinces and regional organizations to insure that its labeling requirements are consistent with those of other governments in the region.

(b) A person may not crush a motor vehicle or shred an appliance unless the person has first made a good faith effort to remove all of the component mercury-added products.

(c) If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the regulatory requirements relating to mercury of the federal food and drug administration, then the product is exempt from the requirements of this section.

(b) The certificate of analysis must report the result of an analysis performed for mercury on the specific batch or lot of that product offered for sale. The batch or lot number of the product shall be clearly identified on the product and on the certificate of analysis.

(b) The director shall cooperate with the neighboring states and provinces and regional organizations in the northeastern U.S. and Canada on developing outreach, assistance, and education programs, where appropriate.

(b) The Rhode Island department of administration shall give priority and preference to the purchase of equipment, supplies, and other products that do not contain mercury-added compounds or components, unless there is no economically feasible nonmercury-added alternative that performs a similar function. In circumstances where a nonmercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury-added to the product necessary for the required performance.

(c) State dental insurance contracts negotiated after January 1, 2003, shall provide equal coverage for nonmercury fillings and mercury amalgam fillings at no additional expense to the state employee.

23-24.8-19. Severability and construction. -- The provisions of this chapter shall be severable, and if any court declares any phase, clause, sentence, or provision of this chapter to be invalid, or its applicability of any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be affected. The provisions of this chapter shall be liberally construed to give effect to the purposes thereof.