LRBs0079/1
CTS&TKK:nwn&jld:jf
2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 200
August 13, 2009 - Offered by Senator Jauch.
SB200-SSA1,1,2
1An Act to create 118.07 (4) and 299.49 of the statutes;
relating to: products
2containing mercury and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This substitute amendment regulates the sale of products to which mercury has
been added during formulation and manufacture (mercury-added products),
including fever thermometers, manometers (instruments for measuring pressure),
thermostats, instruments and measuring devices, switches and relays, and
household items.
Under the substitute amendment, fever thermometers containing mercury
may be sold only upon a prescription, and must contain instructions for use and
disposal and cleanup if the thermometer breaks. The substitute amendment
prohibits the sale of manometers that contain mercury. Under the substitute
amendment, manufacturers of manometers that contain mercury and that are the
type in milking machines must notify wholesalers and retailers of the prohibition
and provide instructions for disposal of remaining inventory. The substitute
amendment also prohibits the sale of certain products containing mercury, including
thermostats, other instruments and switches, and household items such as toys,
clothing, and cosmetics.
The substitute amendment authorizes a manufacturer or user of certain
mercury-added products to petition the Department of Natural Resources (DNR) for
an exemption from the substitute amendment's prohibitions. DNR may grant such
an exemption only if the petitioner establishes certain facts, including that
technically feasible nonmercury alternatives are not available at comparable cost.
This substitute amendment prohibits a public, private, or charter school from
knowingly purchasing or using free-flowing elemental mercury for any purpose, or,
with certain exceptions, from knowingly purchasing or using a mercury-containing
compound or an instrument or measuring device containing mercury. Beginning
January 1, 2012, the substitute amendment prohibits a public, private, or charter
school from knowingly storing free-flowing elemental mercury or, with certain
exceptions, from storing a mercury-containing compound or an instrument or
measuring device containing mercury.
A public, private, or charter school may purchase, use, or store a
mercury-containing compound or an instrument or measuring device containing
mercury if one of the following exceptions applies:
1. The purchase or use of the compound, instrument, or measuring device is
required under federal law.
2. The only mercury-added component in the instrument or measuring device
is a button cell battery.
3. No reasonably acceptable, mercury-free alternative exists, in which case,
only a compound, instrument, or measuring device that contains the lowest mercury
content available may be used.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB200-SSA1,2,32
118.07
(4) No school board, private school, or charter school may knowingly do
3any of the following:
SB200-SSA1,2,44
(a) Purchase or use free-flowing elemental mercury for any purpose.
SB200-SSA1,2,75
(b) Purchase or use a mercury-containing compound or an instrument or
6measuring device that contains mercury unless one of the following exceptions
7applies:
SB200-SSA1,2,108
1. No reasonably acceptable, mercury-free alternative exists, in which case the
9school board, private school, or charter school shall use a compound, instrument, or
10measuring device containing the lowest mercury content available.
SB200-SSA1,3,2
12. The purchase or use of the compound, instrument, or measuring device is
2required under federal law.
SB200-SSA1,3,43
3. The only mercury-added component in the instrument or measuring device
4is a button cell battery.
SB200-SSA1,3,75
(c) Beginning January 1, 2012, store free-flowing elemental mercury or, unless
6one of the exceptions under par. (b) applies, store a mercury-containing compound
7or an instrument or measuring device that contains mercury.
SB200-SSA1,3,9
9299.49 Products containing mercury.
(1) Definitions. In this section:
SB200-SSA1,3,1310
(a) "Mercury-added product" means a product to which mercury is
11intentionally added during formulation or manufacture, or a product containing one
12or more components to which mercury is intentionally added during formulation or
13manufacture.
SB200-SSA1,3,1914
(b) "Mercury-added thermostat" means a product or device that uses a mercury
15switch to sense and control room temperature through communication with heating,
16ventilating, or air-conditioning equipment. "Mercury-added thermostat" includes
17thermostats used to sense and control room temperature in residential, commercial,
18industrial, and other buildings, but does not include a thermostat used to sense and
19control temperature as part of a manufacturing process.
SB200-SSA1,3,2320
(c) "Mercury relay" means a mercury-added product or device that opens or
21closes electrical contacts to effect the operation of other devices in the same or
22another electrical circuit. "Mercury relay" includes mercury displacement relays,
23mercury wetted reed relays, and mercury contact relays.
SB200-SSA1,4,524
(d) "Mercury switch" means a mercury-added product or device that opens or
25closes an electrical circuit or gas valve. "Mercury switch" includes mercury float
1switches actuated by rising or falling liquid levels, mercury tilt switches actuated by
2a change in the switch position, mercury pressure switches actuated by a change in
3pressure, mercury temperature switches actuated by a change in temperature, and
4mercury flame sensors. "Mercury switch" does not include a mercury-added
5thermostat.
SB200-SSA1,4,15
6(2) Restrictions on sale and use of mercury. (a)
Fever thermometers. No
7person may sell or supply a mercury fever thermometer to a consumer or patient,
8unless the thermometer has been prescribed for the consumer or patient by a
9practitioner, as defined in s. 450.01 (17). A mercury fever thermometer
10manufacturer shall supply with each thermometer clear instructions on the careful
11handling of the thermometer to avoid breakage, on proper cleanup if the
12thermometer breaks, and on proper disposal. For purposes of this subsection,
13"mercury fever thermometer" means a thermometer that contains mercury for the
14purpose of measuring body temperature, but does not include a thermometer
15containing mercury solely within a button cell battery.
SB200-SSA1,4,2016
(b)
Manometers. No person may sell or distribute a mercury-containing
17manometer of the type in milking machines on dairy farms. Manufacturers of such
18mercury-containing manometers shall notify wholesalers and retailers that the sale
19or distribution of such manometers is prohibited and shall instruct them on the
20proper disposal of remaining inventory.
SB200-SSA1,4,2221
(c)
Mercury-added thermostats. No person may sell, or distribute for
22promotional purposes, a mercury-added thermostat.
SB200-SSA1,4,2423
(d)
Instruments and measuring devices. 1. No person may sell or distribute any
24of the following items, if the item contains mercury:
SB200-SSA1,4,2525
a. A barometer.
SB200-SSA1,4,26
1b. An esophageal dilator, bougie tube, or gastrointestinal tube.
SB200-SSA1,5,22
c. A flowmeter.
SB200-SSA1,5,33
d. A hydrometer.
SB200-SSA1,5,44
e. A hygrometer or psychrometer.
SB200-SSA1,5,55
f. A manometer other than a manometer prohibited from sale under par. (b).
SB200-SSA1,5,66
g. A pyrometer.
SB200-SSA1,5,77
h. A sphygmomanometer.
SB200-SSA1,5,88
i. A thermometer other than a thermometer prohibited from sale under par. (a).
SB200-SSA1,5,119
2. Subdivision 1. does not apply to the sale of a mercury-added product listed
10in subd. 1. a. to i. if use of the product is required under federal law or if the only
11mercury-added component in the product is a button cell battery.
SB200-SSA1,5,1612
(e)
Mercury switches and relays. 1. No person may sell or distribute,
13individually or as a product component, a mercury switch or mercury relay. This
14subdivision does not apply to a switch or relay that is used to replace a switch or relay
15that is a component in a larger product in use prior to the effective date of this
16subdivision .... [LRB inserts date], if one of the following applies:
SB200-SSA1,5,1717
a. The larger product is used in manufacturing.
SB200-SSA1,5,1918
b. The switch or relay is integrated with, and not physically separate from,
19other components of the larger product.
SB200-SSA1,5,2120
2. Subdivision 1. does not apply to the sale of a mercury switch or mercury relay
21if use of the switch or relay is a federal requirement.
SB200-SSA1,5,2422
(f)
Household items. No person may sell or distribute any of the following items
23if the item contains mercury, unless the only mercury-added component in the item
24is a button cell battery:
SB200-SSA1,5,2525
1. A toy or game.
SB200-SSA1,6,22
3. Clothing or shoes.
SB200-SSA1,6,33
4. An over-the-counter pharmaceutical product for human use.
SB200-SSA1,6,44
5. A cosmetic, toiletry, or fragrance product.