2005 Minnesota Statutes

     116.92 Mercury emissions reduction. 

    Subdivision 1.    Sales.  A person may not sell mercury 
 to another person in this state without providing a material 
 safety data sheet, as defined in United States Code, title 42, 
 section 11049, and requiring the purchaser to sign a statement 
 that the purchaser: 

    (1) will use the mercury only for a medical, dental, 
 instructional, research, or manufacturing purpose; and 

    (2) understands the toxicity of mercury and will 
 appropriately store and use it and will not place, or allow 
 anyone under the purchaser's control to place, the mercury in 
 the solid waste stream or in a wastewater disposal system, as 
 defined in section 115.01, subdivision 4. 

    Subd. 2.    Use of mercury.  A person who uses mercury 
 in any application may not place, or deliver the mercury to 
 another person who places residues, particles, scrapings, or 
 other materials that contain mercury in solid waste or 
 wastewater, except for traces of materials that may 
 inadvertently pass through a filtration system during a dental 
 procedure. 

    Subd. 3.    Labeling; products containing mercury.  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; and 

    (5) an electric relay or other electrical device. 

    Subd. 4.    Removal from service; products containing 
 mercury.  (a) When an item listed in subdivision 3 is removed 
 from service the mercury in the item must be reused, recycled, 
 or otherwise managed to ensure compliance with section 115A.932. 

    (b) A person who is in the business of replacing or 
 repairing an item listed in subdivision 3 in households shall 
 ensure, or deliver the item to a facility that will ensure, that 
 the mercury contained in an item that is replaced or repaired is 
 reused or recycled or otherwise managed in compliance with 
 section 115A.932. 

    (c) A person may not crush a motor vehicle unless the 
 person has first made a good faith effort to remove all of the 
 mercury switches in the motor vehicle.  

    Subd. 5.    Thermostats.  A manufacturer of thermostats 
 that contain mercury or that may replace thermostats that 
 contain mercury shall, in addition to the requirements of 
 subdivision 3, provide incentives for and sufficient information 
 to purchasers and consumers of the thermostats for the 
 purchasers or consumers to ensure that mercury in thermostats 
 being removed from service is reused or recycled or otherwise 
 managed in compliance with section 115A.932.  A manufacturer 
 that has complied with this subdivision is not liable for 
 improper disposal by purchasers or consumers of thermostats. 

    Subd. 5a.    Displacement relays.  (a) A manufacturer of 
 a displacement relay that contains mercury is responsible for 
 the costs of collecting and managing its displacement relays to 
 ensure that the relays do not become part of the solid waste 
 stream. 

    (b) A manufacturer of a displacement relay that contains 
 mercury shall, in addition to the requirements of subdivision 3, 
 provide incentives for, and sufficient information to, 
 purchasers and consumers of the relay to ensure that the relay 
 does not become part of the waste stream.  A manufacturer that 
 has complied with this subdivision is not liable for improper 
 disposal by purchasers or consumers of its relays. 

    (c) A manufacturer subject to this subdivision, or an 
 organization of such manufacturers and its officers, members, 
 employees, and agents, may participate in projects or programs 
 to collect and properly manage waste displacement relays.  Any 
 person who participates in such a project or program is immune 
 from liability under state law relating to antitrust, restraint 
 of trade, unfair trade practices, and other regulation of trade 
 or commerce for activities related to the collection and 
 management of the relays under this subdivision. 

    (d) For the purposes of this subdivision, a "displacement 
 relay" means an electric flow control device having one or more 
 poles that contain metallic mercury and a plunger which, when 
 energized by a magnetic field, moves into a pool of mercury, 
 displacing the mercury sufficiently to create a closed 
 electrical circuit. 

    Subd. 6.    Mercury thermometers prohibited.  (a) A 
 manufacturer, wholesaler, or retailer may not sell or distribute 
 at no cost a thermometer containing mercury that was 
 manufactured after June 1, 2001. 

    (b) Paragraph (a) does not apply to: 

    (1) an electronic thermometer with a battery containing 
 mercury if the battery is in compliance with section 325E.125; 

    (2) a mercury thermometer used for food research and 
 development or food processing, including meat, dairy products, 
 and pet food processing; 

    (3) a mercury thermometer that is a component of an animal 
 agriculture climate control system or industrial measurement 
 system until such time as the system is replaced or a nonmercury 
 component for the system is available; or 

    (4) a mercury thermometer used for calibration of other 
 thermometers, apparatus, or equipment, unless a nonmercury 
 calibration standard is approved for the application by the 
 National Institute of Standards and Technology.  

    Subd. 7.    Fluorescent and high intensity discharge 
 lamps; large use applications.  (a) A person who sells 
 fluorescent or high intensity discharge lamps that contain 
 mercury to the owner or manager of an industrial, commercial, 
 office, or multiunit residential building, or to any person who 
 replaces or removes from service outdoor lamps that contain 
 mercury, shall clearly inform the purchaser in writing on the 
 invoice for the lamps, or in a separate writing, that the lamps 
 contain mercury, a hazardous substance that is regulated by 
 federal or state law and that they may not be placed in solid 
 waste.  This paragraph does not apply to a person who 
 incidentally sells fluorescent or high intensity discharge lamps 
 at retail to the specified purchasers. 

    (b) A person who contracts with the owner or manager of an 
 industrial, commercial, office, or multiunit residential 
 building, or with a person responsible for outdoor lighting, to 
 remove from service fluorescent or high intensity discharge 
 lamps that contain mercury shall clearly inform, in writing, the 
 person for whom the work is being done that the lamps being 
 removed from service contain mercury and what the contractor's 
 arrangements are for the management of the mercury in the 
 removed lamps. 

    Subd. 8.    Ban; toys, games, and apparel.  A person may 
 not sell for resale or at retail in this state a toy or game 
 that contains mercury, or an item of clothing or wearing apparel 
 that is exempt from sales tax under section 297A.67, subdivision 
 8, that contains an electric switch that contains mercury. 

    Subd. 8a.    Ban; mercury manometers.  After June 30, 
 1997, mercury manometers for use on dairy farms may not be sold 
 or installed, nor may mercury manometers in use on dairy farms 
 be repaired.  After December 31, 2000, all mercury manometers on 
 dairy farms must be removed from use. 

    Subd. 9.    Enforcement; generators of household hazardous 
 waste.  (a) A violation of subdivision 2 or 4, paragraph (a), 
 by a generator of household hazardous waste, as defined in 
 section 115A.96, or a violation of subdivision 8 by a person 
 selling at retail, is not subject to enforcement under section 
 115.071, subdivision 3. 

    (b) An administrative penalty imposed under section 116.072 
 for a violation of subdivision 2 or 4, paragraph (a), by a 
 generator of household hazardous waste, as defined in section 
 115A.96, or for a violation of subdivision 8 by a person selling 
 at retail, may not exceed $700. 

    HIST: 1992 c 560 s 3; 1992 c 603 s 37; 1993 c 249 s 28; 1994 c 
 585 s 38; 1995 c 247 art 1 s 43; 1997 c 62 s 2,3; 1997 c 216 s 
 116; 2000 c 418 art 1 s 44; 2001 c 47 s 1