September 18, 2008, Introduced by Reps. Valentine, Byrnes, Warren, Vagnozzi, Alma Smith, Meadows, Donigan, Bauer, Miller, Tobocman, Sak, Coulouris and Condino and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 17201 (MCL 324.17201), as amended by 2006 PA
494, and by adding section 17208.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17201. As used in this part:
(a) "Appliance" means a refrigerator, dehumidifier, freezer,
oven, range, microwave oven, washer, dryer, dishwasher, trash
compactor, window room air conditioner, television, or computer.
Appliance does not include a home heating or central air-
conditioning system.
(b) "Manufacturer" means a person that produces, imports, or
distributes
mercury thermometers mercury-added
products in this
state.
(c) "Mercury-added novelty" means a mercury-added product
intended mainly for personal or household enjoyment or adornment.
Mercury-added novelty includes an item intended for use as a
practical joke, figurine, adornment, toy, game, card, ornament,
yard statue or figure, candle, jewelry, holiday decoration, item of
apparel including footwear, or similar product.
(d) "Mercury-added product" means a product, a commodity, a
chemical, or a product with a component that contains mercury or a
mercury compound intentionally added to the product, commodity,
chemical, or component in order to provide a specific
characteristic, appearance, or quality, or to perform a specific
function, or for any other reason. Mercury-added product includes,
but is not limited to, laboratory chemicals, cleaning products,
cosmetics, pharmaceuticals, coating materials, measuring devices,
lamps, and switches that contain mercury or a mercury compound that
has been intentionally added. Mercury-added product does not
include a button cell battery or a product in which the only
mercury contained is within a button cell battery.
(e) (c)
"Mercury fever
thermometer" means a mercury
thermometer used for measuring body temperature.
(f) (d)
"Mercury thermometer"
means a product or component,
other than a dry cell battery, of a product used for measuring
temperature that contains mercury or a mercury compound
intentionally added to the product or component. Mercury
thermometer does not include a product or component of a product
that is used as a replacement for an existing thermometer that
measures temperature as part of a manufacturing process.
(g) (e)
"Thermostat" means a
consumer product that uses a
switch that contains mercury or a mercury compound to sense and
control room temperature, including room temperature in
residential, commercial, industrial, and other buildings, by
communicating with heating, ventilating, or air-conditioning
equipment. Thermostat does not include a product used to control
temperature as part of a manufacturing device.
Sec. 17208. (1) Except as otherwise provided in this section,
beginning July 1, 2010, a manufacturer of a mercury-added product
shall affix to each mercury-added product intended for sale in this
state or for use in this state labels that meet all of the
following requirements, as applicable:
(a) Contain a statement using words or symbols, in a minimum
of 10-point font type, that informs the purchaser or user that the
product contains mercury or a mercury compound.
(b) Are clearly visible to the purchaser or user prior to the
sale or use of the product. If the product is enclosed within a
package that prevents the label affixed to the product from being
clearly visible prior to sale or other distribution, the
manufacturer shall also affix a label that meets the requirements
of this subsection to the package. The requirement of this
subdivision to affix a label to a package does not apply to a
mercury-added product that is a refrigerator, freezer, oven, range,
washer, or dryer.
(c) If the product consists of more than 1 component that
contains mercury or a mercury compound, are affixed to each
component that contains mercury or a mercury compound. However, the
manufacturer of a motor vehicle may comply with this subdivision by
affixing a label on the doorpost that lists the components of that
motor vehicle that contain mercury or a mercury compound.
(d) Are constructed of materials that are sufficiently durable
to remain legible for the useful life of the product.
(e) Using words or symbols, inform the purchaser or user that
the product should not be disposed of or placed in a waste stream
that is destined for disposal in a landfill or incinerator.
(2) A manufacturer of a mercury-added product is in compliance
with this section if the manufacturer is in compliance with the
labeling requirements of another state that has labeling
requirements on those products and the state is a member of the
interstate mercury education and reduction clearinghouse. A
manufacturer shall provide documentation of its compliance with the
labeling requirements of another state to the department upon
request.
(3) A person that offers a mercury-added product for final
sale or other distribution to an address in this state shall
clearly advise the purchaser or recipient at the point of sale or
other distribution that the product contains mercury or a mercury
compound. This subsection applies to all transactions in which the
purchaser or recipient is not able to view the labels required
under this section on the product or the package prior to the
purchase or receipt, including, but not limited to, catalogue,
telephone, and internet sales or promotional transactions.