Full Text of HB0943 95th General Assembly
HB0943enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning public safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mercury Fever Thermometer Prohibition Act is | 5 |
| amended by changing Sections 1 and 10 and by adding Sections 27 | 6 |
| and 35 as follows:
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| (410 ILCS 46/1)
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| Sec. 1. Short title. This Act may be cited as the | 9 |
| Mercury-added Product
Mercury Fever Thermometer Prohibition | 10 |
| Act.
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| (Source: P.A. 93-165, eff. 1-1-04.)
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| (410 ILCS 46/10)
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| Sec. 10. Definitions. For the purposes of this Act, the | 14 |
| words and terms
defined in this Section shall have the meaning | 15 |
| given, unless the context
otherwise clearly requires.
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| "Agency" means the Illinois Environmental Protection | 17 |
| Agency.
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| "Mercury fever thermometer" means any device containing | 19 |
| liquid mercury
wherein the liquid
mercury is used to measure | 20 |
| the internal body temperature of a person.
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| "Mercury-added novelty" means a mercury-added product | 22 |
| intended for personal
or household enjoyment, including but not |
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| limited to: toys, figurines,
adornments, games, cards, | 2 |
| ornaments, yard statues and figurines, candles,
jewelry, | 3 |
| holiday decorations, and footwear and other items of apparel.
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| "Mercury-added product" means a product to which mercury is | 5 |
| added intentionally during formulation of manufacture, or a | 6 |
| product containing one or more components to which mercury is | 7 |
| intentionally added during formulation or manufacture.
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| "Health care facility" means any hospital, nursing home, | 9 |
| extended care
facility, long-term facility, clinic or medical | 10 |
| laboratory, State or private
health or mental institution, | 11 |
| clinic, physician's office, or health maintenance
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| organization.
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| "Hospital" means any institution, place, building, or | 14 |
| agency, public or
private, whether organized for profit or not, | 15 |
| devoted primarily to the
maintenance and operation of | 16 |
| facilities for the diagnosis and treatment or care
of 2 or more | 17 |
| unrelated persons admitted for overnight stay or longer in | 18 |
| order
to obtain medical, including obstetric, psychiatric, and | 19 |
| nursing, care of
illness, disease, injury, infirmity, or | 20 |
| deformity.
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| "Person" means any individual, partnership, | 22 |
| co-partnership, firm, company,
limited liability company, | 23 |
| corporation, association, joint stock company,
trust, estate, | 24 |
| political subdivision, State agency, or non-profit | 25 |
| organization,
or any other legal entity.
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| (Source: P.A. 93-165, eff. 1-1-04.)
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| (410 ILCS 46/27 new) | 2 |
| Sec. 27. Sale and distribution of certain mercury-added | 3 |
| products prohibited. | 4 |
| (a) On and after July 1, 2008, no person shall sell, offer | 5 |
| to sell, or distribute the following mercury-added products in | 6 |
| this State: | 7 |
| (1) barometers;
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| (2) esophageal dilators, bougie tubes, or | 9 |
| gastrointestinal tubes;
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| (3) flow meters; | 11 |
| (4) hydrometers;
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| (5) hygrometers;
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| (6) manometers;
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| (7) pyrometers;
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| (8) sphygmomanometers;
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| (9) thermometers; or
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| (10) psychrometers.
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| (b) This Section does not apply to the sale of a | 19 |
| mercury-added product listed in paragraphs (1) through (10) of | 20 |
| subsection (a) if use of the product is a federal requirement | 21 |
| or if the only mercury-added component in the product is a | 22 |
| button cell battery.
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| (c) This Section does not apply to the sale of a | 24 |
| mercury-added product listed in paragraphs (1) through (10) of | 25 |
| subsection (a) for which an exemption is obtained under this |
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| subsection (c). The manufacturer of the product may apply for | 2 |
| an exemption for one or more uses of the product by filing a | 3 |
| written petition with the Agency. The Agency may grant an | 4 |
| exemption, with or without conditions, if the manufacturer | 5 |
| demonstrates the following:
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| (1) a system exists for the proper collection, | 7 |
| transportation, and processing of the product at the end of | 8 |
| its useful life; and
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| (2) one of the following applies:
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| (i) use of the product provides a net benefit to | 11 |
| the environment, public health, or public safety when | 12 |
| compared to available nonmercury alternatives; or
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| (ii) technically feasible nonmercury alternatives | 14 |
| are not available at comparable cost.
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| Prior to approving an exemption, the Agency may consult | 16 |
| with other states to promote consistency in the regulation of | 17 |
| the product for which the exemption is requested. The Agency | 18 |
| may also publish notice of its receipt of petitions for | 19 |
| exemptions on its website and consider public comments | 20 |
| submitted in response to the petitions. Exemptions shall be | 21 |
| granted for a term of 5 years and may be renewed for additional | 22 |
| 5-year terms upon written application by the manufacturer if | 23 |
| the manufacturer demonstrates that the criteria of this | 24 |
| subsection (c) and the conditions of the product's original | 25 |
| exemption approval continue to be met. All petitions for | 26 |
| exemptions and exemption renewals shall be submitted on forms |
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| prescribed by the Agency.
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| (410 ILCS 46/35 new) | 3 |
| Sec. 35. The Agency may participate in the establishment | 4 |
| and implementation of a regional, multistate clearinghouse to | 5 |
| assist in carrying out the requirements of this Act.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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