2009 - 2010 LEGISLATURE
June 2, 2009 - Introduced by Representatives Danou, Benedict, Pope-Roberts,
Pocan, A. Ott, Dexter, Parisi, Milroy, Bernard Schaber, Sinicki, Richards

and Mason, cosponsored by Senators Jauch, Coggs, Cowles, Lassa, Lehman,
Miller, Risser, Robson, Sullivan, Taylor
and Wirch. Referred to Committee
on Natural Resources.
AB299,1,2 1An Act to create 100.275 and 118.07 (4) of the statutes; relating to: products
2containing mercury and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill 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 bill, 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 bill prohibits the sale of manometers that contain
mercury. Under the bill, 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 bill
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 bill authorizes a manufacturer or user of certain mercury-added products
to petition the Department of Natural Resources (DNR) for an exemption from the
bill'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 bill 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 bill 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.
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:
AB299, s. 1 1Section 1. 100.275 of the statutes is created to read:
AB299,2,2 2100.275 Products containing mercury. (1) Definitions. In this section:
AB299,2,63 (a) "Mercury-added product" means a product to which mercury is
4intentionally added during formulation or manufacture, or a product containing one
5or more components to which mercury is intentionally added during formulation or
6manufacture.
AB299,2,127 (b) "Mercury-added thermostat" means a product or device that uses a mercury
8switch to sense and control room temperature through communication with heating,
9ventilating, or air-conditioning equipment. "Mercury-added thermostat" includes
10thermostats used to sense and control room temperature in residential, commercial,
11industrial, and other buildings, but does not include a thermostat used to sense and
12control temperature as part of a manufacturing process.
AB299,3,4
1(c) "Mercury relay" means a mercury-added product or device that opens or
2closes electrical contacts to effect the operation of other devices in the same or
3another electrical circuit. "Mercury relay" includes mercury displacement relays,
4mercury wetted reed relays, and mercury contact relays.
AB299,3,115 (d) "Mercury switch" means a mercury-added product or device that opens or
6closes an electrical circuit or gas valve. "Mercury switch" includes mercury float
7switches actuated by rising or falling liquid levels, mercury tilt switches actuated by
8a change in the switch position, mercury pressure switches actuated by a change in
9pressure, mercury temperature switches actuated by a change in temperature, and
10mercury flame sensors. "Mercury switch" does not include a mercury-added
11thermostat.
AB299,3,21 12(2) Restrictions on sale and use of mercury. (a) Fever thermometers. No
13person may sell or supply a mercury fever thermometer to a consumer or patient,
14unless the thermometer has been prescribed for the consumer or patient by a
15practitioner, as defined in s. 450.01 (17). A mercury fever thermometer
16manufacturer shall supply with each thermometer clear instructions on the careful
17handling of the thermometer to avoid breakage, on proper cleanup if the
18thermometer breaks, and on proper disposal. For purposes of this subsection,
19"mercury fever thermometer" means a thermometer that contains mercury for the
20purpose of measuring body temperature, but does not include a thermometer
21containing mercury solely within a button cell battery.
AB299,4,222 (b) Manometers. No person may sell or distribute a mercury-containing
23manometer of the type in milking machines on dairy farms. Manufacturers of such
24mercury-containing manometers shall notify wholesalers and retailers that the sale

1or distribution of such manometers is prohibited and shall instruct them on the
2proper disposal of remaining inventory.
AB299,4,43 (c) Mercury-added thermostats. No person may sell, or distribute for
4promotional purposes, a mercury-added thermostat.
AB299,4,65 (d) Instruments and measuring devices. 1. No person may sell or distribute any
6of the following items, if the item contains mercury:
AB299,4,77 a. A barometer.
AB299,4,88 b. An esophageal dilator, bougie tube, or gastrointestinal tube.
AB299,4,99 c. A flowmeter.
AB299,4,1010 d. A hydrometer.
AB299,4,1111 e. A hygrometer or psychrometer.
AB299,4,1212 f. A manometer other than a manometer prohibited from sale under par. (b).
AB299,4,1313 g. A pyrometer.
AB299,4,1414 h. A sphygmomanometer.
AB299,4,1515 i. A thermometer other than a thermometer prohibited from sale under par. (a).
AB299,4,1816 2. Subdivision 1. does not apply to the sale of a mercury-added product listed
17in subd. 1. a. to i. if use of the product is required under federal law or if the only
18mercury-added component in the product is a button cell battery.
AB299,4,2319 (e) Mercury switches and relays. 1. No person may sell or distribute,
20individually or as a product component, a mercury switch or mercury relay. This
21subdivision does not apply to a switch or relay that is used to replace a switch or relay
22that is a component in a larger product in use prior to the effective date of this
23subdivision .... [LRB inserts date], if one of the following applies:
AB299,4,2424 a. The larger product is used in manufacturing.
AB299,5,2
1b. The switch or relay is integrated with, and not physically separate from,
2other components of the larger product.
AB299,5,43 2. Subdivision 1. does not apply to the sale of a mercury switch or mercury relay
4if use of the switch or relay is a federal requirement.
AB299,5,75 (f) Household items. No person may sell or distribute any of the following items
6if the item contains mercury, unless the only mercury-added component in the item
7is a button cell battery:
AB299,5,88 1. A toy or game.
AB299,5,99 2. Jewelry.
AB299,5,1010 3. Clothing or shoes.
AB299,5,1111 4. An over-the-counter pharmaceutical product for human use.
AB299,5,1212 5. A cosmetic, toiletry, or fragrance product.
AB299,5,15 13(3) Exemptions. (a) The prohibitions under this section do not apply to the sale
14of a mercury-added product for which the department of natural resources grants
15an exemption under this subsection.
AB299,5,2216 (b) A manufacturer or user of a product may apply for an exemption from this
17section by filing a written petition with the department of natural resources. The
18department of natural resources may grant an exemption with or without conditions
19if it finds that the mercury-added product is reasonable and appropriate for a
20specific use. The department of natural resources shall find that a product is
21reasonable and appropriate for a specific use only if a manufacturer or user
22establishes all of the following:
AB299,5,2423 1. A system exists for the proper collection, transportation, and processing of
24the product at the end of its life.
AB299,5,2525 2. One of the following applies:
AB299,6,2
1a. Use of the product provides a net benefit to the environment, public health,
2or public safety when compared to available nonmercury alternatives.
AB299,6,43 b. Technically feasible nonmercury alternatives are not available at
4comparable cost.
AB299,6,165 (c) Prior to approving an exemption, the department of natural resources may
6consult with neighboring states to promote consistency in the regulation of
7mercury-added products. The department of natural resources may request a
8person who is granted an exemption to maintain records and provide reasonable
9reports to the department that characterize mercury use in the products for which
10the exemption was granted. Exemptions may not exceed 5 years and may be renewed
11upon written application if the department of natural resources finds that the
12mercury-added product continues to meet the criteria specified in par. (b) and the
13manufacturer or other persons comply with the conditions of its original approval.
14The department of natural resources shall promulgate rules for processing an
15exemption application that provide for public participation, taking into account the
16role of the interstate clearinghouse under sub. (4).
AB299,6,19 17(4) Interstate clearinghouse. The department may participate in the
18establishment and implementation of a regional, multistate clearinghouse to assist
19in carrying out the requirements of this section.
AB299, s. 2 20Section 2. 118.07 (4) of the statutes is created to read:
AB299,6,2221 118.07 (4) No school board, private school, or charter school may knowingly do
22any of the following:
AB299,6,2323 (a) Purchase or use free-flowing elemental mercury for any purpose.
AB299,7,3
1(b) Purchase or use a mercury-containing compound or an instrument or
2measuring device that contains mercury unless one of the following exceptions
3applies:
AB299,7,64 1. No reasonably acceptable, mercury-free alternative exists, in which case the
5school board, private school, or charter school shall use a compound, instrument, or
6measuring device containing the lowest mercury content available.
AB299,7,87 2. The purchase or use of the compound, instrument, or measuring device is
8required under federal law.
AB299,7,109 3. The only mercury-added component in the instrument or measuring device
10is a button cell battery.
AB299,7,1311 (c) Beginning January 1, 2012, store free-flowing elemental mercury or, unless
12one of the exceptions under par. (b) applies, store a mercury-containing compound
13or an instrument or measuring device that contains mercury.
AB299, s. 3 14Section 3. Effective date.
AB299,7,1615 (1) This act takes effect on the first day of the 12th month beginning after
16publication.
AB299,7,1717 (End)
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