Public Act 095-0087
Public Act 0087 95TH GENERAL ASSEMBLY
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Public Act 095-0087
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| HB0943 Enrolled |
LRB095 08225 CMK 28395 b |
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| 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.)
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| (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.
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Effective Date: 8/13/2007
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