Public Act 095-0087
 		





HB0943 Enrolled
LRB095 08225 CMK 28395 b






    AN ACT concerning public safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Mercury Fever Thermometer Prohibition Act is 
amended  by changing Sections 1 and  10 and  by adding Sections 27 
and 35 as follows:
 



    (410 ILCS 46/1)


    Sec. 1. Short title. This Act may be cited as the 
Mercury-added Product
Mercury Fever Thermometer Prohibition 
Act.

(Source: P.A. 93-165, eff. 1-1-04.)


 



    (410 ILCS 46/10)



    Sec. 10. Definitions. For the purposes of this Act, the 
words and terms
defined in this Section shall have the meaning 
given, unless the context
otherwise clearly requires.

    "Agency" means the Illinois Environmental Protection 
Agency.

    "Mercury fever thermometer" means any device containing 
liquid mercury
wherein the liquid
mercury is used to measure 
the internal body temperature of a person.

    "Mercury-added novelty" means a mercury-added product 
intended for personal
or household enjoyment, including but not 
limited to: toys, figurines,
adornments, games, cards, 
ornaments, yard statues and figurines, candles,
jewelry, 
holiday decorations, and footwear and other items of apparel.

    "Mercury-added product" means a product to which mercury is 
added intentionally during formulation of manufacture, or a 
product containing one or more components to which mercury is 
intentionally added during formulation or manufacture.

    "Health care facility" means any hospital, nursing home, 
extended care
facility, long-term facility, clinic or medical 
laboratory, State or private
health or mental institution, 
clinic, physician's office, or health maintenance

organization.

    "Hospital" means any institution, place, building, or 
agency, public or
private, whether organized for profit or not, 
devoted primarily to the
maintenance and operation of 
facilities for the diagnosis and treatment or care
of 2 or more 
unrelated persons admitted for overnight stay or longer in 
order
to obtain medical, including obstetric, psychiatric, and 
nursing, care of
illness, disease, injury, infirmity, or 
deformity.

    "Person" means any individual, partnership, 
co-partnership, firm, company,
limited liability company, 
corporation, association, joint stock company,
trust, estate, 
political subdivision, State agency, or non-profit 
organization,
or any other legal entity.

(Source: P.A. 93-165, eff. 1-1-04.)

 
    (410 ILCS 46/27  new)
    Sec. 27. Sale and distribution of certain mercury-added 
products prohibited.
    (a) On and after July 1, 2008, no person shall sell, offer 
to sell, or distribute the following mercury-added products in 
this State:
        (1) barometers;

        (2) esophageal dilators, bougie tubes, or 
    gastrointestinal tubes;

        (3) flow meters;
        (4) hydrometers;

        (5) hygrometers;

        (6) manometers;

        (7) pyrometers;

        (8) sphygmomanometers;

        (9) thermometers; or

        (10) psychrometers.

    (b) This Section does not apply to the sale of a 
mercury-added product listed in paragraphs (1) through (10) of 
subsection (a)  if use of the product is a federal requirement 
or if the only mercury-added component in the product is a 
button cell battery.

    (c) This Section does not apply to the sale of a 
mercury-added product listed in paragraphs (1) through (10) of 
subsection (a) for which an exemption is obtained under this 
subsection (c). The manufacturer of the product may apply for 
an exemption for one or more uses of the product by filing a 
written petition with the Agency. The Agency may grant an 
exemption, with or without conditions, if the manufacturer 
demonstrates the following:

        (1) a system exists for the proper collection, 
    transportation, and processing of the product at the end of 
    its useful life; and

        (2) one of the following applies:

            (i) use of the product provides a net benefit to 
        the environment, public health, or public safety when 
        compared to available nonmercury alternatives; or

            (ii) technically feasible nonmercury alternatives 
        are not available at comparable cost.

    Prior to approving an exemption, the Agency may consult 
with other states to promote consistency in the regulation of 
the product for which the exemption is requested. The Agency 
may also publish notice of its receipt of petitions for 
exemptions on its website and consider public comments 
submitted in response to the petitions. Exemptions shall be 
granted for a term of 5 years and may be renewed for additional 
5-year terms upon written application by the manufacturer if 
the manufacturer demonstrates that the criteria of this 
subsection (c) and the conditions of the product's original 
exemption approval continue to be met. All petitions for 
exemptions and exemption renewals shall be submitted on forms 
prescribed by the Agency.

 
    (410 ILCS 46/35  new)
    Sec. 35. The Agency may participate in the establishment 
and implementation of a regional, multistate clearinghouse to 
assist in carrying out the requirements of this Act.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.