January 27, 2005, Introduced by Rep. Lipsey and referred to the Committee on Natural Resources, Great Lakes, Land Use and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of part 172 and sections 17201, 17202, and
17203 (MCL 324.17201, 324.17202, and 324.17203), as added by 2002
PA 578, and by adding section 17206.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 172. MERCURY THERMOMETERS MERCURY-ADDED PRODUCTS
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.
(b) "Department" means the department of environmental
quality.
(c) "Director" means the director of the department.
(d) "Hazardous waste" means that term as defined in section
11103.
(e) (a)
"Manufacturer" means a
person that produces ,
imports,
or distributes mercury thermometers in this state or
manufactures a mercury-added product.
(f) "Mercury-added novelty" means a mercury-added product
intended for use as a figurine, adornment, toy, game, card,
ornament, yard statue or figure, candle, item of jewelry, holiday
decoration, or item of apparel or any other similar mercury-added
product intended mainly for personal or household enjoyment or
adornment.
(g) "Mercury-added product" means any of the following if it
contains intentionally introduced mercury or mercury compounds:
(i) A thermostat or thermometer.
(ii) An electrical or other switch.
(iii) A medical or scientific instrument.
(vi) An electric relay or other electrical device.
(v) A lamp.
(vi) A battery, except a button battery or a battery that is
not sold to the public.
(vii) A mercury-added novelty.
(viii) Any other tangible goods.
(h) (b)
"Mercury fever
thermometer" means a mercury
thermometer used for measuring body temperature.
(i) (c)
"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.
(j) "Retailer" means a person who sells a mercury-added
product to a person for that person's use or consumption.
(k) "Thermostat" means a device that regulates temperature in
an enclosed area by controlling heating, cooling, or ventilation
equipment.
(l) "Wholesaler" means a person that sells a mercury-added
product to a retailer.
Sec.
17202. (1) Except as provided in subsection (2),
beginning
on January 1, 2003, a
person shall not sell, offer for
sale, or offer for promotional purposes a mercury thermometer in
this state or for use in this state. This subsection does not apply
if the mercury thermometer is sold or offered for either of the
following:
(a) A use for which a mercury thermometer is required by state
or federal statute, regulation, or administrative rule.
(b) Pharmaceutical research purposes.
(2)
Beginning on January 1, 2003, a A
person shall not sell,
offer for sale, or offer for promotional purposes a mercury fever
thermometer in this state or for use in this state, except by
prescription. A manufacturer, wholesaler, or retailer of mercury
fever thermometers shall supply clear instructions on the careful
handling of the thermometer to avoid breakage and proper cleanup
should a breakage occur with each mercury fever thermometer sold by
prescription.
Sec.
17203. (1) The department of environmental quality
shall enforce this part.
(2) A person who violates this part is guilty of a misdemeanor
punishable by imprisonment for not more than 60 days or a fine of
not more than $1,000.00, or both, plus the costs of prosecution.
(3) The director may promulgate rules pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to implement and administer this part.
Sec. 17206. (1) Beginning January 1, 2006, a manufacturer or
wholesaler may not supply a mercury-added product for sale, use, or
distribution in this state without first notifying the director in
writing of all of the following:
(a) A brief description of the product to be offered for sale,
use, or distribution in this state.
(b) The amount of mercury or mercury compounds in the product
or a unit of the product and the purpose of including mercury or a
mercury compound in the product.
(c) The total amount of mercury or mercury compounds contained
in all mercury-added products sold each year by the manufacturer or
wholesaler in this state.
(d) The name and address of the manufacturer or wholesaler and
the name, address, and telephone number of an individual who will
act as a contact for the manufacturer or wholesaler.
(2) The director shall make each notice described in
subsection (1) available to the public on the department's internet
website.