LRB-4329/2
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2001 - 2002 LEGISLATURE
February 12, 2002 - Introduced by Representatives Plouff, Wasserman,
Gronemus, Boyle, Shilling, Musser, Ryba, Bock, Ott, F. Lasee, Huber, Pocan,
Urban, Miller and
Berceau, cosponsored by Senators Robson, Burke,
Cowles, Roessler and
Wirch. Referred to Committee on Natural Resources.
AB793,1,2
1An Act to create 100.275 of the statutes;
relating to: the sale or distribution
2of mercury thermometers and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits the sale of toys that contain elemental mercury. It also
prohibits the sale of certain batteries containing mercury. With certain exceptions,
this bill prohibits a manufacturer, wholesaler, or retailer from selling or giving away
a mercury thermometer beginning on the first day of the 7th month after the bill is
enacted. The exceptions to the prohibition authorize the sale of mercury
thermometers used for food research and development or food processing, mercury
thermometers used for the calibration of other thermometers or equipment, certain
mercury thermometers that are components of agriculture climate control systems
or industrial measurement systems, or electronic thermometers with batteries
containing mercury, if the sale of those batteries is not otherwise prohibited under
current law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB793, s. 1
3Section
1. 100.275 of the statutes is created to read:
AB793,2,3
1100.275 Mercury thermometers.
(1) Except as provided in sub. (2), no
2manufacturer, wholesaler, or retailer may sell or give away a thermometer that
3contains mercury.
AB793,2,4
4(2) Subsection (1) does not apply to any of the following:
AB793,2,65
(a) A mercury thermometer used for food research and development or food
6processing, including meat, dairy product, and pet food processing.
AB793,2,107
(b) A mercury thermometer used for the calibration of other thermometers,
8apparatus, or equipment, unless a calibration standard that does not use mercury
9is approved for that calibration by the National Institute of Standards and
10Technology.
AB793,2,1311
(c) A mercury thermometer that is a component of an agriculture climate
12control system or industrial measurement system if the system is in use on the
13effective date of this paragraph .... [revisor inserts date].
AB793,2,1614
(d) A mercury thermometer that is a component of an agriculture climate
15control system or industrial measurement system if a nonmercury alternative is not
16available as a component of the system.
AB793,2,1917
(e) An electronic thermometer that includes a battery that contains mercury,
18if a person is not prohibited from selling that battery or offering that battery for sale
19under s. 100.27.
AB793,2,22
20(3) Any person who violates this section may be required to forfeit not more
21than $200 for each violation. Each sale or gift of a thermometer in violation of this
22section constitutes a separate violation.
AB793,3,2
1(1)
This act takes effect on the first day of the 7th month beginning after
2publication.
