HF 274

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; restricting the sale of 
  1.3             mercury thermometers; amending Minnesota Statutes 
  1.4             2000, section 116.92, subdivisions 3 and 6. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 116.92, 
  1.7   subdivision 3, is amended to read: 
  1.8      Subd. 3.  [LABELING; PRODUCTS CONTAINING MERCURY.] A 
  1.9   manufacturer or wholesaler may not sell and a retailer may not 
  1.10  knowingly sell any of the following items in this state that 
  1.11  contain mercury unless the item is labeled in a manner to 
  1.12  clearly inform a purchaser or consumer that mercury is present 
  1.13  in the item and that the item may not be placed in the garbage 
  1.14  until the mercury is removed and reused, recycled, or otherwise 
  1.15  managed to ensure that it does not become part of solid waste or 
  1.16  wastewater: 
  1.17     (1) a thermostat or thermometer; 
  1.18     (2) an electric switch, individually or as part of another 
  1.19  product, other than a motor vehicle; 
  1.20     (3) an appliance; 
  1.21     (4) a medical or scientific instrument; and 
  1.22     (5) an electric relay or other electrical device. 
  1.23     Sec. 2.  Minnesota Statutes 2000, section 116.92, 
  1.24  subdivision 6, is amended to read: 
  1.25     Subd. 6.  [MERCURY THERMOMETERS RESTRICTED.] A medical 
  2.1   facility may not routinely distribute thermometers (a) A 
  2.2   manufacturer, wholesaler, or retailer may not sell or distribute 
  2.3   for promotional purposes a thermometer containing mercury. 
  2.4      (b) Paragraph (a) does not apply to: 
  2.5      (1) an electrical thermometer with a battery containing 
  2.6   mercury if the battery is in compliance with section 325E.125; 
  2.7      (2) a mercury thermometer used for food research and 
  2.8   development or food processing, including meat, dairy, and pet 
  2.9   food processing; 
  2.10     (3) a mercury thermometer that is a component of an animal 
  2.11  agriculture climate control system or industrial measurement 
  2.12  system, until such time as the system is replaced or an 
  2.13  alternative component is available; or 
  2.14     (4) a mercury thermometer used for calibration of other 
  2.15  thermometers, apparatus, or equipment, unless a nonmercury 
  2.16  calibration standard for the application is recognized and 
  2.17  available. 
  2.18     Sec. 3.  [EFFECTIVE DATE.] 
  2.19     Sections 1 and 2 are effective January 1, 2002.