Full Text of HB1261 97th General Assembly
HB1261enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mercury-added Product Prohibition Act is | 5 | | amended by changing Sections 10 and 27 as follows:
| 6 | | (410 ILCS 46/10)
| 7 | | Sec. 10. Definitions. For the purposes of this Act, the | 8 | | words and terms
defined in this Section shall have the meaning | 9 | | given, unless the context
otherwise clearly requires.
| 10 | | "Agency" means the Illinois Environmental Protection | 11 | | Agency.
| 12 | | "Mercury fever thermometer" means any device containing | 13 | | liquid mercury
wherein the liquid
mercury is used to measure | 14 | | the internal body temperature of a person.
| 15 | | "Mercury-added novelty" means a mercury-added product | 16 | | intended for personal
or household enjoyment, including but not | 17 | | limited to: toys, figurines,
adornments, games, cards, | 18 | | ornaments, yard statues and figurines, candles,
jewelry, | 19 | | holiday decorations, and footwear and other items of apparel.
| 20 | | "Mercury-added product" means a product to which mercury is | 21 | | added intentionally during formulation of manufacture, or a | 22 | | product containing one or more components to which mercury is | 23 | | intentionally added during formulation or manufacture.
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| 1 | | "Health care facility" means any hospital, nursing home, | 2 | | extended care
facility, long-term facility, clinic or medical | 3 | | laboratory, State or private
health or mental institution, | 4 | | clinic, physician's office, or health maintenance
| 5 | | organization.
| 6 | | "Hospital" means any institution, place, building, or | 7 | | agency, public or
private, whether organized for profit or not, | 8 | | devoted primarily to the
maintenance and operation of | 9 | | facilities for the diagnosis and treatment or care
of 2 or more | 10 | | unrelated persons admitted for overnight stay or longer in | 11 | | order
to obtain medical, including obstetric, psychiatric, and | 12 | | nursing, care of
illness, disease, injury, infirmity, or | 13 | | deformity.
| 14 | | "Person" means any individual, partnership, | 15 | | co-partnership, firm, company,
limited liability company, | 16 | | corporation, association, joint stock company,
trust, estate, | 17 | | political subdivision, State agency, or non-profit | 18 | | organization,
or any other legal entity.
| 19 | | "Zinc air button cell battery" means a battery that | 20 | | resembles a button in size and shape with a zinc anode, an | 21 | | alkaline electrolyte, and a cathode that is capable of | 22 | | catalyzing oxygen when present. | 23 | | (Source: P.A. 95-87, eff. 8-13-07.)
| 24 | | (410 ILCS 46/27) | 25 | | (Text of Section before amendment by P.A. 97-459 ) |
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| 1 | | Sec. 27. Sale and distribution of certain mercury-added | 2 | | products prohibited. | 3 | | (a) No On and after July 1, 2008, no person shall sell, | 4 | | offer to sell, or distribute the following mercury-added | 5 | | products in this State: | 6 | | (1) barometers;
| 7 | | (2) esophageal dilators, bougie tubes, or | 8 | | gastrointestinal tubes;
| 9 | | (3) flow meters; | 10 | | (4) hydrometers;
| 11 | | (5) hygrometers;
| 12 | | (6) manometers;
| 13 | | (7) pyrometers;
| 14 | | (8) sphygmomanometers;
| 15 | | (9) thermometers; or
| 16 | | (10) psychrometers ; or .
| 17 | | (15) zinc air button cell batteries. | 18 | | (b) This Section does not apply to the sale of a | 19 | | mercury-added product listed in paragraphs (1) through (15) | 20 | | (10) of subsection (a) if use of the product is a federal | 21 | | requirement or if the only mercury-added component in the | 22 | | product is a button cell battery , other than a zinc air button | 23 | | cell battery .
| 24 | | (c) This Section does not apply to the sale of a | 25 | | mercury-added product listed in paragraphs (1) through (15) | 26 | | (10) of subsection (a) for which an exemption is obtained under |
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| 1 | | this subsection (c). The manufacturer of the product may apply | 2 | | for an exemption for one or more uses of the product by filing | 3 | | a written petition with the Agency. The Agency may grant an | 4 | | exemption, with or without conditions, if the manufacturer | 5 | | demonstrates the following:
| 6 | | (1) a system exists for the proper collection, | 7 | | transportation, and processing of the product at the end of | 8 | | its useful life; and
| 9 | | (2) one of the following applies:
| 10 | | (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
| 13 | | (ii) technically feasible nonmercury alternatives | 14 | | are not available at comparable cost.
| 15 | | 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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| 1 | | prescribed by the Agency.
| 2 | | (Source: P.A. 95-87, eff. 8-13-07.) | 3 | | (Text of Section after amendment by P.A. 97-459 ) | 4 | | Sec. 27. Sale and distribution of certain mercury-added | 5 | | products prohibited. | 6 | | (a) No On and after July 1, 2008, no person shall sell, | 7 | | offer to sell, or distribute the following mercury-added | 8 | | products in this State: | 9 | | (1) barometers;
| 10 | | (2) esophageal dilators, bougie tubes, or | 11 | | gastrointestinal tubes;
| 12 | | (3) flow meters; | 13 | | (4) hydrometers;
| 14 | | (5) hygrometers;
| 15 | | (6) manometers;
| 16 | | (7) pyrometers;
| 17 | | (8) sphygmomanometers;
| 18 | | (9) thermometers;
| 19 | | (10) psychrometers;
| 20 | | (11) pressure transducers; | 21 | | (12) rings; | 22 | | (13) seals; or | 23 | | (14) sensors ; or . | 24 | | (15) zinc air button cell batteries. | 25 | | (b) This Section does not apply to the sale of a |
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| 1 | | mercury-added product listed in paragraphs (1) through (15) | 2 | | (14) of subsection (a) if use of the product is a federal | 3 | | requirement or if the only mercury-added component in the | 4 | | product is a button cell battery , other than a zinc air button | 5 | | cell battery .
| 6 | | (c) This Section does not apply to the sale of a | 7 | | mercury-added product listed in paragraphs (1) through (15) | 8 | | (14) of subsection (a) for which an exemption is obtained under | 9 | | this subsection (c). The manufacturer of the product may apply | 10 | | for an exemption for one or more uses of the product by filing | 11 | | a written petition with the Agency. The Agency may grant an | 12 | | exemption, with or without conditions, if the manufacturer | 13 | | demonstrates the following:
| 14 | | (1) a system exists for the proper collection, | 15 | | transportation, and processing of the product at the end of | 16 | | its useful life; and
| 17 | | (2) one of the following applies:
| 18 | | (i) use of the product provides a net benefit to | 19 | | the environment, public health, or public safety when | 20 | | compared to available nonmercury alternatives; or
| 21 | | (ii) technically feasible nonmercury alternatives | 22 | | are not available at comparable cost.
| 23 | | Before approving an exemption, the Agency may consult with | 24 | | other states to promote consistency in the regulation of the | 25 | | product for which the exemption is requested. The Agency may | 26 | | also publish notice of its receipt of petitions for exemptions |
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| 1 | | on its website and consider public comments submitted in | 2 | | response to the petitions. Exemptions shall be granted for a | 3 | | term of 5 years and may be renewed for additional 5-year terms | 4 | | upon written application by the manufacturer if the | 5 | | manufacturer demonstrates that the criteria of this subsection | 6 | | (c) and the conditions of the product's original exemption | 7 | | approval continue to be met. All petitions for exemptions and | 8 | | exemption renewals shall be submitted on forms prescribed by | 9 | | the Agency.
| 10 | | (Source: P.A. 97-459, eff. 7-1-12.) | 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2013.
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