Bill Text: MI HB4278 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Environmental protection; prohibited products; mercury-added products sold in Michigan; revise definition and require labeling of. Amends sec. 17201 of 1994 PA 451 (MCL 324.17201) & adds sec. 17208.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2009-04-23 - Referred To Committee On Natural Resources And Environmental Affairs [HB4278 Detail]
Download: Michigan-2009-HB4278-Engrossed.html
HB-4278, As Passed House, April 22, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4278
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 17201 (MCL 324.17201), as amended by 2006 PA
494, and by adding section 17208.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17201. As used in this part:
(a) "Appliance" means a refrigerator, dehumidifier, freezer,
oven, range, microwave oven, washer, dryer, dishwasher, trash
compactor, window room air conditioner, television, or computer.
Appliance does not include a home heating or central air-
conditioning system.
(b) "Manufacturer" means a person that produces, imports, or
distributes
mercury thermometers mercury-added
products in this
state.
(c) "Mercury-added novelty" means a mercury-added product
intended mainly for personal or household enjoyment or adornment.
Mercury-added novelty includes an item intended for use as a
practical joke, figurine, adornment, toy, game, card, ornament,
yard statue or figure, candle, jewelry, holiday decoration, item of
apparel including footwear, or similar product.
(d) "Mercury-added product" means a product, a commodity, or a
chemical to which, or a product with a component to which, mercury
or a mercury compound has been intentionally added. Mercury-added
product may include, but is not limited to, a laboratory chemical,
cleaning product, cosmetic, pharmaceutical, coating material,
measuring device, lamp, or switch. Mercury-added product does not
include a button cell battery, a product that does not contain
mercury except within a button cell battery, a pharmaceutical, a
pharmaceutical product, a biological product, or any substance that
may be lawfully sold over the counter without a prescription under
the federal food, drug, and cosmetic act, 21 USC 301 to 399. As
used in this subdivision, "biological product" means a virus, a
therapeutic serum, a toxin, an antitoxin, a vaccine, blood, a blood
component or derivative, an allergic product or an analogous
product, or arsphenamine or a derivative of arsphenamine (or any
other trivalent organic arsenic compound), applicable to the
prevention, treatment, or cure of a disease or condition of human
beings.
(e) (c)
"Mercury fever
thermometer" means a mercury
thermometer used for measuring body temperature.
(f) "Mercury relay" means a mercury-added product that opens
or closes electrical contacts to affect the operation of another
device in the same or another electrical circuit and includes, but
is not limited to, a mercury displacement relay, a mercury wetted
reed relay, a mercury contact relay, and a mercury contactor.
(g) "Mercury switch" means a mercury-added product that opens
or closes an electrical circuit or gas valve and includes, but is
not limited to, a mercury float switch actuated by rising and
falling liquid levels, a mercury tilt switch actuated by a change
in pressure, a mercury temperature switch actuated by a change in
temperature, and a mercury flame sensor. Mercury switch does not
include a thermostat.
(h) (d)
"Mercury thermometer"
means a product or component,
other than a dry cell battery, of a product used for measuring
temperature that contains mercury or a mercury compound
intentionally added to the product or component. Mercury
thermometer does not include a product or component of a product
that is used as a replacement for an existing thermometer that
measures temperature as part of a manufacturing process.
(i) (e)
"Thermostat" means a
consumer product that uses a
switch that contains mercury or a mercury compound to sense and
control room temperature, including room temperature in
residential, commercial, industrial, and other buildings, by
communicating with heating, ventilating, or air-conditioning
equipment. Thermostat does not include a product used to control
temperature as part of a manufacturing device.
Sec. 17208. (1) Except as otherwise provided in this section,
beginning July 1, 2010, a manufacturer of a mercury-added product
manufactured on or after July 1, 2010 shall affix to each mercury-
added product intended for sale in this state or for use in this
state a label that meets all of the following requirements, as
applicable:
(a) Contains a statement using words or symbols, in a minimum
of 10-point font type, that informs the purchaser or user that the
product contains mercury or a mercury compound.
(b) Is clearly visible to the purchaser or user before the
sale or use of the product. If the product is enclosed within a
package that prevents the label affixed to the product from being
clearly visible before sale or other distribution, the manufacturer
shall also affix a label that meets the requirements of this
subsection to the package. The requirement of this subdivision to
affix a label to a package does not apply to a mercury-added
product that is a refrigerator, freezer, oven, range, washer, or
dryer.
(c) If the product consists of more than 1 component that
contains mercury or a mercury compound, is affixed to each
component that contains mercury or a mercury compound. However, the
manufacturer of a motor vehicle may comply with this subdivision by
affixing a label on the doorpost that lists the components of the
motor vehicle that may contain mercury or a mercury compound.
(d) Is sufficiently durable to remain legible for the useful
life of the product.
(e) Using words or symbols, informs the purchaser or user that
the product should not be disposed of or placed in a waste stream
that is destined for disposal in a landfill or incinerator.
(2) A manufacturer of a mercury-added product is in compliance
with this section if the manufacturer is in compliance with the
mercury labeling requirements of another state that has a mercury
labeling requirement applicable to the mercury-added product and
the state is a member of the interstate mercury education and
reduction clearinghouse. A manufacturer shall provide documentation
of its compliance with the labeling requirements of another state
to the department upon request.
(3) If a person offers a mercury-added product for final sale
or other distribution to an address in this state under
circumstances in which the purchaser or recipient is not able to
view the labels required under this section on the product or the
package before the purchase or receipt, including, but not limited
to, catalogue, telephone, and internet sales or promotional
transactions, the person shall clearly advise the purchaser or
recipient at the point of sale or other distribution that the
product contains mercury or a mercury compound.
