SB346,2,2 2100.275 Products containing mercury. (1) Definitions. In this section:

SB346,2,63 (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.

SB346,2,107 (b) "Mercury relay" means a mercury-added product or device that opens or
8closes electrical contacts to effect the operation of other devices in the same or
9another electrical circuit. "Mercury relay" includes mercury displacement relays,
10mercury wetted reed relays, and mercury contact relays.

SB346,2,1711 (c) "Mercury switch" means a mercury-added product or device that opens or
12closes an electrical circuit or gas valve. "Mercury switch" includes mercury float
13switches actuated by rising or falling liquid levels, mercury tilt switches actuated by
14a change in the switch position, mercury pressure switches actuated by a change in
15pressure, mercury temperature switches actuated by a change in temperature, and
16mercury flame sensors. "Mercury switch" does not include a mercury-added
17thermostat.

SB346,3,6 18(2) Restrictions on sale and use of mercury. (a) Fever thermometers. No
19person may sell or supply a mercury fever thermometer to a consumer or patient,
20unless the thermometer has been prescribed for the consumer or patient by a
21practitioner, as defined in s. 450.01 (17). A mercury fever thermometer

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1manufacturer shall supply with each thermometer clear instructions on the careful
2handling of the thermometer to avoid breakage and on proper cleanup if the
3thermometer breaks. For purposes of this subsection, "mercury fever thermometer"
4means a thermometer that contains mercury for the purpose of measuring body
5temperature, but does not include a thermometer containing mercury solely within
6a button cell battery.

SB346,3,137 (b) Manometers. No person may sell or distribute a mercury-containing
8manometer of the type in milking machines on dairy farms. Manufacturers of such
9mercury-containing manometers shall notify wholesalers and retailers that the sale
10or distribution of such manometers is prohibited and shall instruct them on the
11proper disposal of remaining inventory. The department shall promulgate rules
12establishing a program to collect and replace mercury-containing manometers
13already in use on dairy farms in the state.

SB346,3,2114 (c) Mercury-added thermostats. No person may sell or distribute for
15promotional purposes a mercury-added thermostat. For the purpose of this
16subsection, "mercury-added thermostat" means a product or device that uses a
17mercury switch to sense and control room temperature through communication with
18heating, ventilating, or air-conditioning equipment. "Mercury-added thermostat"
19includes thermostats used to sense and control room temperature in residential,
20commercial, industrial, and other buildings, but does not include a thermostat used
21to sense and control temperature as part of a manufacturing process.

SB346,3,2322 (d) Instruments and measuring devices. 1. No person may sell or distribute the
23following:

SB346,3,2424 a. A barometer.

SB346,3,2525 b. An esophageal dilator, bougie tube, or gastrointestinal tube.

SB346,4,1

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1c. A flow meter.

SB346,4,22 d. A hydrometer.

SB346,4,33 e. A hygrometer or psychrometer.

SB346,4,44 f. A manometer other than a manometer prohibited from sale under par. (b).

SB346,4,55 g. A pyrometer.

SB346,4,66 h. A sphygmomanometer.

SB346,4,77 i. A thermometer other than a thermometer prohibited from sale under par. (a).

SB346,4,108 2. Subdivision 1. does not apply to the sale of a mercury-added product listed
9in subd. 1. a. to i. if use of the product is required under federal law or if the only
10mercury-added component in the product is a button cell battery.

SB346,4,1511 (e) Mercury switches and relays. 1. No person may sell or distribute,
12individually or as a product component, a mercury switch or mercury relay. This
13subdivision does not apply to a switch or relay that is used to replace a switch or relay
14that is a component in a larger product in use prior to the effective date of this
15subdivision .... [revisor inserts date], if one of the following applies:

SB346,4,1616 a. The larger product is used in manufacturing.

SB346,4,1817 b. The switch or relay is integrated, with, and not physically separate from,
18other components of the larger product.

SB346,4,2019 2. Subdivision 1. does not apply to the sale of a mercury switch or mercury relay
20if use of the switch or relay is a federal requirement.

SB346,4,22 21(3) Exemptions. (a) This section does not apply to the sale of a mercury-added
22product for which the secretary grants an exemption under this subsection.

SB346,5,323 (b) A manufacturer or user of a product may apply for an exemption from this
24section by filing a written petition with the secretary. The secretary may grant an
25exemption with or without conditions upon finding that the mercury-added product

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1is reasonable and appropriate for a specific use. The secretary shall find that a
2product is reasonable and appropriate for a specific use only if a petitioner
3establishes all of the following:

SB346,5,54 1. A system exists for the proper collection, transportation, and processing of
5the product at the end of its life.

SB346,5,66 2. One of the following applies:

SB346,5,87 a. Use of the product provides a net benefit to the environment, public health,
8or public safety when compared to available nonmercury alternatives.

SB346,5,109 b. Technically feasible nonmercury alternatives are not available at
10comparable cost.

SB346,5,2011 (c) Prior to approving an exemption, the secretary may consult with
12neighboring states to promote consistency in the regulation of mercury-added
13products. The secretary may request a person who is granted an exemption to
14maintain records and provide reasonable reports to the department that
15characterize mercury use. Exemptions may not exceed 5 years and may be renewed
16upon written application if the secretary finds that the mercury-added product
17continues to meet the criteria specified in par. (b) and the manufacturer or other
18persons comply with the conditions of its original approval. The department shall
19promulgate rules for processing exemption applications that provide public
20participation, taking into account the role of the interstate clearinghouse.

SB346,5,23 21(4) Interstate clearinghouse. The department may participate in the
22establishment and implementation of a regional, multistate clearinghouse to assist
23in carrying out the requirements of this section.