2007 California Health and Safety Code Article 10.2.1. Mercury-added Thermostats, Relays, Switches, And Measuring Devices

CA Codes (hsc:25214.8.1-25214.8.6)

25214.8.1.  (a) The Legislature finds and declares all of the
following:
   (1) Once mercury is released into the environment it can change to
methyl mercury, a highly toxic compound.  Methyl mercury is easily
taken up in living tissue and bioaccumulates over time, causing
serious health effects, including neurological and reproductive
disorders in humans and wildlife. Since mercury does not break down
in the environment, it has become a significant health threat to
humans and wildlife.
   (2) Due to the bioaccumulation of mercury and other contaminants
in fish, the California Environmental Protection Agency has issued a
warning advising that adults and women who are pregnant or who may
become pregnant should limit their fish intake from several state
waterways.
   (3) Increasingly stringent mercury discharge limits for wastewater
treatment plants make the identification and elimination of
unnecessary sources of mercury a critical task, because the cost of
mercury removal at a wastewater treatment plant is far greater than
the societal benefits of continuing use of mercury-containing
products, as currently formulated.
   (4) Thermostats and other switches and relays are among the
largest remaining sources of mercury in consumer products that can be
legally sold in California.
   (5) Most thermostats contain 3,000 milligrams of mercury and have
a 35-year lifespan.
   (6) Many other mercury-containing switches hold up to 4 grams of
mercury, and mercury-containing relays hold as much as 153 grams.
   (7) Esophageal dilators contain as much as two pounds of mercury.

   (8) Mercury thermostats, switches, relays, measuring devices,
esophageal dilators, and gastrointestinal tubes are hazardous waste
when discarded, and on and after January 1, 2006, all mercury
thermostat, switch, relay, measuring device, esophageal dilator, and
gastrointestinal tube wastes will be prohibited from disposal in a
solid waste landfill under the regulations adopted pursuant to this
chapter.
   (9) Economical alternatives to mercury thermostats, relays,
switches, measuring devices, esophageal dilators, and
gastrointestinal tubes are available for commercial and, when
applicable, residential applications.
   (b) For purposes of this article the following definitions shall
apply:
   (1) "Mercury-added product" means any product or device that
contains mercury.
   (2) "Mercury-added thermostat" means a product or device that uses
a mercury switch to sense and control room temperature through
communication with heating, ventilating, or air-conditioning
equipment. A mercury-added thermostat includes thermostats used to
sense and control room temperature in residential, commercial,
industrial, and other buildings but does not include a thermostat
used to sense and control temperature as part of a manufacturing
process.
   (3)  "Mercury relay" means a mercury-added product or device that
opens or closes electrical contacts to effect the operation of other
devices in the same or another electrical circuit. "Mercury relay"
includes, but is not limited to, mercury displacement relays, mercury
wetted reed relays, and mercury contact relays.
   (4) "Mercury switch" means a mercury-added product or device that
opens or closes an electrical circuit or gas valve.
   (A) A mercury switch includes, but is not limited to, mercury
float switches actuated by rising or falling liquid levels, mercury
tilt switches actuated by a change in the switch position, mercury
pressure switches actuated by a change in pressure, mercury
temperature switches actuated by a change in temperature, and mercury
flame sensors.
   (B) A mercury switch does not include a mercury-added thermostat
or a mercury diostat.
   (C) "Mercury diostat" means a mercury switch that controls a gas
valve in an oven or oven portion of a gas range.



25214.8.2.  On and after January 1, 2006, a person shall not sell,
offer to sell, or distribute for promotional purposes in this state,
a mercury-added thermostat, unless the mercury-added thermostat meets
either of the following criteria:
   (a) The thermostat will be used for manufacturing or industrial
purposes.
   (b) The thermostat will be used by a blind or visually impaired
person.


25214.8.3.  (a) Except as provided in subdivision (b), on or after
July 1, 2006, a person shall not sell, offer to sell, or distribute
for promotional purposes in this state, any of the following new or
refurbished mercury-added products:
   (1) A barometer.
   (2) An esophageal dilator, bougie tube, or gastrointestinal tube.

   (3) A flow meter.
   (4) A hydrometer.
   (5) A hydrometer or psychometer.
   (6) A manometer.
   (7) A pyrometer.
   (8) A sphygmanometer.
   (9) A thermometer.
   (b) Subdivision (a) does not apply to the sale of a mercury-added
product if the use of the product is required under a federal law or
federal contract specification or if the only mercury-added component
in the product is a button cell battery.



25214.8.4.  (a) Except as provided in subdivisions (b) to (e),
inclusive, and Section 25214.8.5, on or after July 1, 2006, a person
shall not sell, offer to sell, or distribute for promotional purposes
in this state, a new or refurbished mercury switch or mercury relay
individually or as a product component.
   (b) Subdivision (a) does not apply if the switch or relay is used
to replace a switch or relay that is a component in a larger product
in use prior to July 1, 2006, and one of the following applies:
   (1) The larger product is used in manufacturing.
   (2) The switch or relay is integrated in and not physically
separate from other components of the larger product.
   (c) Subdivision (a) does not apply to the sale of a mercury switch
or mercury relay if use of the switch or relay is required under
federal law or federal contract specification.
   (d) Subdivision (a) does not apply to a mercury switch or a
mercury relay that contains less than 1 milligram of mercury, if the
manufacturer of the mercury switch or relay has notified the
department of its plans to operate under an exemption pursuant to
this subdivision. The notification shall be resubmitted to the
department every three years.  The initial and subsequent
notifications shall be signed and dated, and shall include all of the
following:
   (1) The name of the manufacturer and the name, position, and
contact information for the person who is the manufacturer's contact
person on all matters concerning the exemption.
   (2) An identification and description of the mercury switch or
mercury relay to which the exemption applies.
   (3) A statement that the manufacturer certifies all of the
following:
   (A) The mercury switch or relay is hermetically sealed by the
manufacturer.
   (B) The mercury switch or relay is intended for industrial use in
test and measurement instruments or in systems for monitoring and
control applications.
   (C) There is no substantially equivalent nonmercury alternative
technology for the intended use of the switch or relay, considering
all aspects of electrical performance, size, power consumption,
product life, and cost.
   (D) (1) The manufacturer, individually, or in conjunction with an
industry or trade group, has developed and implemented an ongoing
program for the proper end-of-life collection, transportation, and
management of exempted mercury switches or relays sold in this state,
including the removal of the mercury switch or mercury relay from
the product in which it is contained.
   (2) The program includes a consumer information component to
ensure that users of the mercury switch or relay, and the products
that contain the mercury switches or relays, are aware of available
collection opportunities and legal requirements for management of the
mercury switch or relay, once the switch or relay or the product
becomes a waste.
   (E) The manufacturer recognizes that the exemption provided by
this subdivision becomes null and void if and when either of the
following occurs:
   (i) The manufacturer fails to submit a new exemption notification,
meeting the requirements of this subdivision, within three years
following submission of the prior exemption notification.
   (ii) Any of the conditions set forth in subparagraphs (A) to (D),
inclusive, are no longer satisfied.
   (e) Subdivision (a) does not apply to the resale of a refurbished
imaging and therapy system utilized for medical diagnostic purposes
that includes a mercury switch or relay if the manufacturer of the
imaging and therapy system has notified the department of its plans
to operate under an exemption pursuant to this subdivision. The
notification shall be signed and dated, and shall include all of the
following:
   (1) The name of the manufacturer and the name, position, and
contact information for the person who is the manufacturer's contact
person on all matters concerning the exemption.
   (2) An identification and description of the imaging and therapy
system to which the exemption applies.
   (3) A statement that the manufacturer certifies all of the
following:
   (A) The mercury switch or relay is integrated in, and not
physically separate from, other components of the larger product.
   (B) The larger product was initially manufactured prior to July 1,
2006.
   (C) (1) The manufacturer, individually, or in conjunction with an
industry or trade group, has developed and implemented an ongoing
program for the proper end-of-life collection, transportation, and
management of mercury switches or relays contained in exempted
imaging and therapy systems sold in this state, including the removal
of the mercury switch or mercury relay from the product in which it
is contained.
   (2) The program includes a consumer information component to
ensure that users of the products that contain the mercury switches
or relays are aware of available collection opportunities and legal
requirements for management of the mercury switch or relay, and the
products that contain the mercury switches or relays, once the switch
or relay or the product becomes a waste.
   (D) The manufacturer recognizes that the exemption provided by
this subdivision becomes null and void if and when any of the
conditions set forth in subparagraphs (A) and (B) are no longer
satisfied.


25214.8.5.  (a) A product containing a mercury switch or a mercury
relay is exempt from subdivision (a) of Section 25214.8.4, if the
manufacturer of the product, or a trade group representing the
manufacture, has obtained an exemption, pursuant to the process
described in subdivision (b), for the product. An exemption granted
under subdivision (b) may apply to all or only to limited uses of the
product. An exemption granted under subdivision (b) also applies to
the sale to the product manufacturer of the mercury switch or relay
to be contained in the product covered by the exemption.
   (b) The department shall grant, or renew, an exemption from
subdivision (a) of Section 25214.8.4 for a period of three years only
if all of the following conditions are met:
   (1) The manufacturer of the product, or a trade group representing
the manufacturer, submits a request for an initial or renewed
exemption to the department that specifies the use or uses of the
product for which an exemption is requested along with supporting
information that complies with the requirements set forth in
subdivision (c). A manufacturer or trade group may submit a request
only for a product and use for which there is no technical feasible
alternative, available at a reasonable cost, to the use of the
mercury switch or mercury relay in the product for purposes of that
use.
   (2) The supporting information submitted by the manufacturer or
trade group demonstrates that the product is eligible for the
exemption.
   (3) The manufacturer or trade group requesting the exemption
enters into a cost reimbursement agreement with the department,
pursuant to subdivision (d), and complies with the terms of that
agreement.
   (c) The supporting information that a manufacturer or trade group
submits to the department, before the department may grant an
exemption pursuant to subdivision (b), shall include all of the
following:
   (1) The name of the manufacturer, or the trade group and the
manufacturers represented by the trade group, requesting the
exemption and the name, position, and contact information for the
person who is the manufacturer's or trade group's contact person on
all matters concerning the exemption.
   (2) An identification and description of the product, and the use
or uses of the product, for which the exemption is requested.
   (3) An identification and description of the mercury switch or
mercury relay, including identification of the manufacturer of the
switch or relay, and an explanation of the need for, and functioning
of, the mercury switch or mercury relay in the product.
   (4) For each use for which an exemption is requested, information
that fully and clearly demonstrates that there is no technically
feasible alternative, available at a reasonable cost, to the use of
the mercury switch or mercury relay in the product for purposes of
that use. This shall include, but is not limited to, a description of
past, current, and planned future efforts to seek or develop those
alternatives, and a description of all alternatives that have been
considered and an explanation of the technical or economic reasons as
to why each alternative is not satisfactory.
   (5) Information that fully and clearly demonstrates that the
switch or relay or the product is constructed so as to prevent the
release of mercury to the environment.
   (6) A feasible, effective, detailed and complete plan for the
proper collection, transportation, and management of the product at
the end of its useful life, including removal and proper management
of the mercury switch or mercury relay contained in the product, and
information fully and clearly demonstrating that the manufacturer,
individually, or in conjunction with an industry or trade group, is
committed to and capable of implementing the plan. The plan shall
include an education and outreach component to ensure that users of
the product are aware of available collection opportunities and legal
requirements for management of the product once it becomes a waste.
An exemption granted pursuant to subdivision (b) shall become null
and void if the manufacturer, individually, or in conjunction with an
industry or trade group, has not implemented the plan submitted in
support of the exemption request within six months of the effective
date of the exemption.
   (7) A copy of all similar exemption requests, including supporting
documentation, submitted by the applicant to another state, and a
copy of that state's response to the exemption request.
   (d) A manufacturer or trade group that requests an exemption, or
an exemption renewal, pursuant to subdivision (b) shall enter into a
written agreement with the department pursuant to the procedures set
fourth in Article 9.2 (commencing with Section 25206.1), for
reimbursement of all costs incurred by the department in processing
and responding to the request.
   (e) Trade secrets, as defined in Section 25173, that are
identified at the time of submission by a manufacturer or trade
group, shall be treated as confidential as required by department
procedures established pursuant to Section 25173. Any information
that is not a trade secret, as defined in Section 25173, or that has
not been identified by the manufacturer as a trade secret, shall be
made available to the public upon request pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
   (f) (1) The department shall grant or deny an exemption requested
pursuant to subdivision (b) no later than 180 calendar days after
receiving the exemption request and all information determined by the
department to be necessary to determine if all of the conditions
specified in subdivision (b) are met.
   (2) An exemption shall not be deemed to be granted if the
department fails to grant or deny the exemption request within the
time limit specified in paragraph (1)
   (3) Nothing in this subdivision shall preclude the applicant and
the department from mutually agreeing to an extension of the time
limit specified in paragraph (1).



25214.8.6.  On or after January 1, 2008, a person shall not sell,
offer to sell, or distribute for promotional purposes in this state,
a mercury diostat or a new or refurbished oven or gas range
containing a mercury diostat.