HF 1316

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health and the environment; prohibiting the sale of certain
mercury-containing products; modifying restrictions on the sale, use, and
disposal of certain mercury-containing products; requiring certain consumer
information; modifying lamp recycling facility operation requirements;
requesting a study; amending Minnesota Statutes 2006, sections 115A.932,
subdivision 1; 116.92, subdivisions 3, 7a, by adding subdivisions; 116.93,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
121A; 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 115A.932, subdivision 1, is amended to
read:

Subdivision 1.

Prohibitions new text begin and recycling requirements new text end .

(a) A person may not
place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical
or scientific instrument, deleted text begin or deleted text end new text begin fluorescent or high-intensity discharge lamp, new text end electric relay new text begin , new text end
or other electrical device from which the mercury has not been removed for reuse or
recycling:

(1) in solid waste; or

(2) in a wastewater disposal system.

(b) A person may not knowingly place mercury or a thermostat, thermometer,
electric switch, appliance, gauge, medical or scientific instrument, deleted text begin or deleted text end new text begin fluorescent or
high-intensity discharge lamp, new text end electric relay new text begin , new text end or other electrical device from which the
mercury has not been removed for reuse or recycling:

(1) in a solid waste processing facility; or

(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4.

deleted text begin (c) A person may not knowingly place a fluorescent or high intensity discharge lamp:
deleted text end

deleted text begin (1) in solid waste; or
deleted text end

deleted text begin (2) in a solid waste facility deleted text end deleted text begin , except deleted text end deleted text begin a household deleted text end deleted text begin hazardous waste collection or
recycling facility.
deleted text end

deleted text begin This paragraph does not apply to waste lamps generated by households until August
1, 1994.
deleted text end

new text begin (c) A fluorescent or high-intensity discharge lamp must be disposed of by delivery
of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or
to a facility that collects and stores lamps for the purpose of delivering them to a lamp
recycling facility, including, but not limited to, a household hazardous waste collection
or recycling facility.
new text end

Sec. 2.

Minnesota Statutes 2006, section 116.92, subdivision 3, is amended to read:

Subd. 3.

Labeling; products containing mercury.

new text begin (a) new text end A manufacturer or
wholesaler may not sell and a retailer may not knowingly sell any of the following items
in this state that contain mercury unless the item is labeled in a manner to clearly inform a
purchaser or consumer that mercury is present in the item and that the item may not be
placed in the garbage until the mercury is removed and reused, recycled, or otherwise
managed to ensure that it does not become part of solid waste or wastewater:

(1) a thermostat or thermometer;

(2) an electric switch, individually or as part of another product, other than a motor
vehicle;

(3) an appliance;

(4) a medical or scientific instrument; deleted text begin and
deleted text end

(5) an electric relay or other electrical device deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) a fluorescent or high-intensity discharge lamp, individually or as part of another
product; and
new text end

new text begin (7) laboratory chemicals, reagents, fixatives, and electrodes.
new text end

new text begin (b) Labeling required under paragraph (a) for a fluorescent or high-intensity
discharge lamp must be in at least a 10-point font and must:
new text end

new text begin (1) clearly inform the purchaser that mercury is present in the item;
new text end

new text begin (2) explain that the fluorescent lamp should be disposed of according to applicable
federal, state, and local laws; and
new text end

new text begin (3) provide a toll-free telephone number and a uniform resource locator Internet
address to a Web site that contains information on applicable disposal laws.
new text end

Sec. 3.

Minnesota Statutes 2006, section 116.92, subdivision 7a, is amended to read:

Subd. 7a.

Fluorescent new text begin and high-intensity discharge new text end lamps; residential
applications.

new text begin (a) new text end Any information regarding fluorescent new text begin and high-intensity discharge
new text end lamps containing mercury that is sent by a utility to a customer, present on a utility's Web
site, or contained in a utility's print, radio, or video advertisement, must new text begin :
new text end

(1) state that the lamps contain mercury new text begin ;
new text end

new text begin (2) state new text end that new text begin mercury new text end is harmful to the environment deleted text begin and deleted text end new text begin ;
new text end

new text begin (3) state new text end that deleted text begin it is illegal to place them deleted text end new text begin placing the lamps new text end in garbage new text begin is illegal; new text end and

deleted text begin (2) deleted text end new text begin (4) new text end provide a toll-free telephone number or Web site that customers can access to
learn how to lawfully dispose of the lamps.

new text begin (b) The information under paragraph (a) must be:
new text end

new text begin (1) provided in a minimum of 10-point type in print or online media;
new text end

new text begin (2) audibly conveyed in television and radio advertisements; and
new text end

new text begin (3) provided in a manner that the ordinary consumer will understand that fluorescent
and high-intensity discharge lamps contain mercury and must not be placed in garbage
in Minnesota.
new text end

Sec. 4.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8b. new text end

new text begin Ban; mercury-containing sphygmomanometers. new text end

new text begin After August 1,
2007, a person may not sell, offer for sale, distribute, install, or reinstall in the state a
sphygmomanometer containing mercury.
new text end

Sec. 5.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8c. new text end

new text begin Ban; mercury-containing gastrointestinal devices. new text end

new text begin After August 1,
2007, a person may not sell, offer for sale, distribute, or use in the state an esophageal
dilator, bougie tube, gastrointestinal tube, feeding tube, or similar device containing
mercury.
new text end

Sec. 6.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8d. new text end

new text begin Ban; mercury-containing thermostats. new text end

new text begin After August 1, 2007, a person
may not sell, offer for sale, distribute, install, or reinstall in the state a product or device
that uses a mercury switch to sense and control room temperature through communication
with heating, ventilating, or air-conditioning equipment. This subdivision does not apply
to a thermostat used to sense and control temperature as part of a manufacturing process.
new text end

Sec. 7.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8e. new text end

new text begin Ban; mercury-containing switches and relays. new text end

new text begin (a) After August 1,
2007, a person may not sell, offer for sale, or distribute in the state a mercury switch or
mercury relay individually or as part of another product.
new text end

new text begin (b) For the purposes of this subdivision:
new text end

new text begin (1) "mercury relay" means a mercury-containing product or device that opens or
closes electrical contacts to affect the operation of other devices in the same or another
electrical circuit and includes, but is not limited to, mercury displacement relays, mercury
wetted reed relays, and mercury contact relays; and
new text end

new text begin (2) "mercury switch" means a mercury-containing product or device that opens or
closes an electrical circuit or gas valve and includes, but is not limited to, mercury float
switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a
change in the switch position, mercury pressure switches actuated by a change in pressure,
mercury temperature switches actuated by a change in temperature, and mercury flame
sensors. A mercury switch does not include a mercury-added thermostat or a mercury
diostat.
new text end

new text begin (c) The prohibition in this subdivision does not apply to existing medical equipment
if the switch or relay is used to replace a switch or relay, which is a component of medical
equipment in use prior to January 1, 2008, provided the owner of the equipment has
made every reasonable effort to determine that no compatible nonmercury replacement
component exists.
new text end

Sec. 8.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8f. new text end

new text begin Ban; mercury diostats. new text end

new text begin After January 1, 2008, a person may not sell,
offer for sale, or distribute a new gas oven, range, or stove containing a mercury-containing
switch that controls a gas valve in an oven or oven portion of a gas range or stove.
new text end

Sec. 9.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8g. new text end

new text begin Ban; mercury-containing barometers, manometers, and pyrometers.
new text end

new text begin After January 1, 2008, a person may not sell, offer for sale, or distribute in the state a
mercury-containing device used for measuring atmospheric pressure or for measuring
pressure of liquids and gases or a mercury-containing device used for measuring the
temperature of extremely hot materials, individually or as part of another product.
new text end

Sec. 10.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:

new text begin Subd. 8h. new text end

new text begin Ban; mercury in over-the-counter pharmaceuticals. new text end

new text begin After January 1,
2008, a person may not sell, offer for sale, or distribute in the state for human or animal
use an over-the-counter pharmaceutical product containing mercury.
new text end

Sec. 11.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:

new text begin Subd. 8i. new text end

new text begin Ban; mercury in cosmetics, toiletries, and fragrances. new text end

new text begin After January 1,
2008, a person may not sell, offer for sale, or distribute in the state a cosmetic, toiletry,
or fragrance product containing mercury.
new text end

Sec. 12.

Minnesota Statutes 2006, section 116.92, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Definition of mercury-containing. new text end

new text begin For the purposes of this section,
"mercury-containing" or "containing mercury" means that the product, component of a
product, or chemical formulation contains intentionally added mercury.
new text end

Sec. 13.

Minnesota Statutes 2006, section 116.93, subdivision 2, is amended to read:

Subd. 2.

Lamp recycling facility; permits or licenses new text begin ; reporting new text end .

(a) A person
may not operate a lamp recycling facility without obtaining a permit or license for the
facility from the agency. The permit or license must require:

(1) a plan for response to releases, including emergency response;

(2) proof of financial responsibility for closure and any necessary postclosure care at
the facility which may include a performance bond or other insurance; deleted text begin and
deleted text end

(3) liability insurance or another financial mechanism that provides proof of financial
responsibility for response actions required under chapter 115B deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) by March 1 each year, beginning in 2008, an annual report to the agency on the
number and type of lamps received from businesses and households in the state and total
number of lamps received from all generators outside of the state.
new text end

new text begin The agency shall specify the format for the report under clause (4) and make the
reported information available on the agency's Web site.
new text end

(b) A lamp recycling facility that is licensed or permitted by a county under section
473.811, subdivision 5b, complies with this subdivision if the license or permit held by the
facility contains at least all the terms and conditions required by the agency for a license
or permit issued under this subdivision.

(c) A lamp recycling facility with a demonstrated capability for recycling that is in
operation prior to adoption of rules for a licensing or permitting process for the facility
by the agency may continue to operate in accordance with a compliance agreement or
other approval by the commissioner until a license or permit is issued by the agency
under this subdivision.

Sec. 14.

new text begin [121A.33] CERTAIN MERCURY USE IN SCHOOLS PROHIBITED.
new text end

new text begin (a) For the purposes of this section, "school" has the meaning given under section
120A.22, subdivision 4, excluding home schools.
new text end

new text begin (b) After December 31, 2007, a school shall not:
new text end

new text begin (1) purchase or use elemental mercury for any purpose; and
new text end

new text begin (2) purchase or use an instrument of measurement that contains mercury, including,
but not limited to, a thermometer, barometer, or sphygmomanometer, or a manometer
containing mercury.
new text end

new text begin (c) After December 31, 2009, a school shall not:
new text end

new text begin (1) store elemental mercury for any purpose; and
new text end

new text begin (2) store an instrument of measurement that contains mercury including, but not
limited to, a thermometer, barometer, sphygmomanometer, or a manometer containing
mercury.
new text end

new text begin (d) This section does not apply to thermostats for heating, ventilation, and air
conditioning in the school.
new text end

Sec. 15.

new text begin [325E.127] FLUORESCENT LAMPS CONTAINING MERCURY.
new text end

new text begin (a) A person who sells fluorescent lamps at retail shall post the notice in paragraph
(b) in a manner clearly visible to a consumer making a purchasing decision.
new text end

new text begin (b) The notice must be in at least 100-point type and state:
new text end

new text begin "Attention: Fluorescent Lamps Contain Mercury:
new text end

new text begin Under Minnesota law, it is a crime to dispose of a fluorescent lamp in the garbage.
Many counties and utilities have established sites where these lamps are collected to be
recycled. Contact your county solid waste department or utility to learn how to lawfully
dispose of these lamps."
new text end

Sec. 16. new text begin MERCURY REDUCTION AND ABATEMENT STUDY.
new text end

new text begin (a) In order to determine the best practices for mercury reduction and abatement
from crematoria, the University of Minnesota mortuary science program is requested to
conduct a feasibility study that includes:
new text end

new text begin (1) development of technical solutions and determination of best practices for
removing mercury amalgam fillings; and
new text end

new text begin (2) a survey related to any social concerns that may come from mercury abatement
policies that would address public concerns and options for abatement.
new text end

new text begin (b) The University of Minnesota mortuary science program is requested to
participate in a stakeholder process including funeral directors, crematory operators, the
Pollution Control Agency, and any other interested entities and report any findings back
to the house and senate committees having jurisdiction over health and the environment
no later than February 1, 2009.
new text end