(d) Instruments and measuring devices. 1. No person may sell or distribute any of the following items, if the item contains mercury:
a. A barometer.
b. An esophageal dilator, bougie tube, or gastrointestinal tube.
c. A flowmeter.
d. A hydrometer.
e. A hygrometer or psychrometer.
f. A manometer other than a manometer prohibited from sale under par. (b).
g. A pyrometer.
h. A sphygmomanometer.
i. A thermometer other than a thermometer prohibited from sale under par. (a).
2. Subdivision 1. does not apply to the sale of a mercury-added product listed in subd. 1. a. to i. if use of the product is required under federal law or if the only mercury-added component in the product is a button cell battery.
(e) Mercury switches and relays. 1. No person may sell or distribute, individually or as a product component, a mercury switch or mercury relay. This subdivision does not apply to a switch or relay that is used to replace a switch or relay that is a component in a larger product in use prior to the effective date of this subdivision .... [LRB inserts date], if one of the following applies:
a. The larger product is used in manufacturing or in the generating, transmission, or distributing facilities for electric energy, gas, or water.
b. The switch or relay is integrated with, and not physically separate from, other components of the larger product.
2. Subdivision 1. does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is a federal requirement.
(f) Household items. No person may sell or distribute any of the following items if the item contains mercury, unless the only mercury-added component in the item is a button cell battery:
1. A toy or game.
2. Jewelry.
3. Clothing or shoes.
4. An over-the-counter pharmaceutical product for human use.
5. A cosmetic, toiletry, or fragrance product.
(3) Exemptions. (a) The prohibitions under this section do not apply to the sale of a mercury-added product for which the department grants an exemption under this subsection.
(b) A manufacturer or user of a product may apply for an exemption from this section by filing a written petition with the department. The department may grant an exemption with or without conditions if it finds that the mercury-added product is reasonable and appropriate for a specific use. The department shall find that a product is reasonable and appropriate for a specific use only if a manufacturer or user establishes all of the following:
1. A system exists for the proper collection, transportation, and processing of the product at the end of its life.
2. One of the following applies:
a. Use of the product provides a net benefit to the environment, public health, or public safety when compared to available nonmercury alternatives.
b. Technically feasible nonmercury alternatives are not available at comparable cost.
(c) Prior to approving an exemption, the department may consult with neighboring states to promote consistency in the regulation of mercury-added products. The department may request a person who is granted an exemption to maintain records and provide reasonable reports to the department that characterize mercury use in the products for which the exemption was granted. Exemptions may not exceed 5 years and may be renewed upon written application if the department finds that the mercury-added product continues to meet the criteria specified in par. (b) and the manufacturer or other persons comply with the conditions of its original approval. The department shall promulgate rules for processing an exemption application that provide for public participation, taking into account the role of the interstate clearinghouse under sub. (4).
(4) Interstate clearinghouse. The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this section.
44,3
Section
3.
Effective date.
(1) This act takes effect on the first day of the 12th month beginning after publication.
