HF 3180

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; requiring proper disposal of fluorescent and high
intensity discharge lamps; requiring labeling of fluorescent lamps; requiring
notice at retail establishments selling fluorescent lamps; amending Minnesota
Statutes 2004, sections 115A.932, subdivision 1; 116.92, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2004, 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, or electric relay 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, or electric relay 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.

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

(1) in solid waste; or

(2) in a solid waste facility new text begin or a facility that accepts hazardous waste new text end , except deleted text begin a
household hazardous waste collection or recycling facility deleted text end new text begin as provided in paragraph (d) new 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 (d) 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.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 new text begin ; and
new text end

new text begin (6) a fluorescent lamp new text end .

new text begin (b) Labeling required under paragraph (a) for a fluorescent lamp must be in at least
a 10-point font and must state that consumers should contact their county solid waste
department or utility to learn how to lawfully dispose of these lamps. The manufacturer is
responsible for affixing labels required for fluorescent lamps.
new text end

Sec. 3.

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 at least eight and one-half by six inches and state in 22-point
type:
new text end

new text begin "ATTENTION USERS OF FLUORESCENT LAMPS CONTAINING 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. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end