093_HB1530eng HB1530 Engrossed LRB093 08704 DRJ 08934 b 1 AN ACT in relation to public health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Mercury Fever Thermometer Prohibition Act. 6 Section 5. Findings. 7 (a) The General Assembly finds: 8 (1) that human exposure to mercury can result in 9 adverse health effects, and mercury pollutants have been 10 linked to nervous system, kidney, and liver damage and 11 impaired childhood development; 12 (2) that mercury fever thermometers are easily 13 broken, creating a potential risk of dangerous exposure 14 to mercury vapor in indoor air and risking mercury 15 contamination of the environment; 16 (3) that accidental mercury spills and thermometer 17 breakages have proven costly to clean up; 18 (4) that according to the Mercury Study Report, 19 prepared by the U.S. Environmental Protection Agency and 20 submitted to the U.S. Congress in 1997, mercury fever 21 thermometers contribute approximately 17 tons of mercury 22 to solid waste each year; 23 (5) that according to the U.S. Environmental 24 Protection Agency, the quantity of mercury in one mercury 25 fever thermometer, approximately one gram, is enough to 26 contaminate all fish in a lake with a surface area of 20 27 acres; 28 (6) that accurate and safe alternatives to mercury 29 thermometers are readily available and comparable in 30 cost; and 31 (7) that many national pharmacy and retail chains HB1530 Engrossed -2- LRB093 08704 DRJ 08934 b 1 have discontinued the sale of mercury thermometers to 2 consumers. 3 (b) It is the purpose of this Act to prohibit the sale, 4 distribution, or promotional gifts of mercury fever 5 thermometers in this State. 6 Section 10. Definitions. For the purposes of this Act, 7 the words and terms defined in this Section shall have the 8 meaning given, unless the context otherwise clearly requires. 9 "Mercury fever thermometer" means any device containing 10 mercury wherein the mercury is used to measure the internal 11 body temperature of a person. 12 "Mercury-added novelty" means a mercury-added product 13 intended for personal or household enjoyment, including but 14 not limited to: toys, figurines, adornments, games, cards, 15 ornaments, yard statues and figurines, candles, jewelry, 16 holiday decorations, and footwear and other items of apparel. 17 "Health care facility" means any hospital, nursing home, 18 extended care facility, long-term facility, clinic or medical 19 laboratory, State or private health or mental institution, 20 clinic, physician's office, or health maintenance 21 organization. 22 "Hospital" means any institution, place, building, or 23 agency, public or private, whether organized for profit or 24 not, devoted primarily to the maintenance and operation of 25 facilities for the diagnosis and treatment or care of 2 or 26 more unrelated persons admitted for overnight stay or longer 27 in order to obtain medical, including obstetric, psychiatric, 28 and nursing, care of illness, disease, injury, infirmity, or 29 deformity. 30 "Person" means any individual, partnership, 31 co-partnership, firm, company, limited liability company, 32 corporation, association, joint stock company, trust, estate, 33 political subdivision, State agency, or non-profit HB1530 Engrossed -3- LRB093 08704 DRJ 08934 b 1 organization, or any other legal entity. 2 Section 15. Sale, distribution, or promotional gifts of 3 mercury fever thermometers prohibited. 4 (a) On or after July 1, 2004, no person shall sell, 5 distribute, or give for promotional purposes (including 6 online retail) mercury fever thermometers in this State. 7 (b) On or after July 1, 2004, no hospital shall 8 distribute mercury fever thermometers in maternity or new 9 baby gift packs to patients. 10 (c) This Section does not apply to mercury fever 11 thermometers sold or provided to be used in a health care 12 facility. 13 Section 20. Manufacturing of mercury fever thermometers 14 prohibited. On or after July 1, 2004, no person shall 15 manufacture a mercury fever thermometer in this State. 16 Section 25. Sale, distribution, or promotional gifts of 17 mercury-added novelty products prohibited. On and after July 18 1, 2004, no mercury-added novelty products may be offered for 19 sale or distributed for promotional purposes in Illinois if 20 the offerer or distributor knows or has reason to know that 21 the product contains mercury, unless the mercury is solely 22 within a button-cell battery. 23 Section 30. Penalty for violation. A person who violates 24 this Act shall be guilty of a petty offense and upon 25 conviction shall be subject to a fine of not less than $50 26 and not more than $200 for each violation.