2005 Vermont Code - § 6621d. — Mercury-added consumer products

§ 6621d. Mercury-added consumer products

(a) Labeling. Effective March 1, 2000, a manufacturer or wholesaler may not sell at retail in this state, to a retailer in this state, or for use in this state, and a retailer may not knowingly sell, any of the following items at retail if they contain mercury added during manufacture, unless the item is labeled. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater. Primary responsibility for affixing labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer. By October 1, 1999, each manufacturer required to label by this section shall certify to the agency of natural resources that it has developed a labeling plan for its mercury-added products that complies with this section and any administrative labeling rule adopted by the agency of natural resources and that this labeling shall be implemented for products manufactured after March 1, 2000. The labeling plan shall include detailed descriptions of the products involved and the label size, material, content, location, and attachment method for each product and for the product packaging, where necessary under the rules, so a label is clearly visible at time of purchase. The plan must be submitted to the agency with the certification. Items to be labeled are:

(1) A thermostat or thermometer.

(2) A switch, individually or as part of another product.

(3) A medical or scientific instrument.

(4) An electric relay or other electrical device.

(5) A lamp.

(6) A battery, sold to the public, other than a button battery.

(b) Source separation. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate labeled mercury-added consumer products from that solid waste. Any contractor who replaces or removes labeled mercury-added consumer products shall assure the proper separation and disposal of any discarded mercury-added consumer product.

(c) Collection. After proper separation of labeled mercury-added consumer products, each person who discards that waste either shall:

(1) set that waste in a designated area for collection by a hauler; or

(2) deliver that waste to a facility that is legally authorized and permitted to accept that waste.

(d) Collection program.

(1) By December 1, 1998, every solid waste implementation plan of every solid waste management district or municipality having such a plan shall be amended to provide for:

(A) an informational effort to advise the public about labeled mercury-added products; and

(B) a collection program for the collection of mercury-added products identified in subsection (a) of this section.

(2) These amended plans shall be implemented by each solid waste management district or municipality by June 1, 1999. Components of these amended plans that are related to subdivisions (1)(A) and (B) of this subsection shall not be required to receive approval from the agency of natural resources.

(e) Support.

(1) The agency of natural resources and the health department shall assist the municipalities and solid waste management districts in developing, designing and disseminating information for the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer- based reverse distribution system. A component of this information program shall be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products, and at any other large users of those products.

(2) Support for information dissemination regarding labeled mercury-added products and for the collection program for labeled mercury-added products shall be from disposal fees, or other revenues collected by the solid waste management district or municipality, and may include a manufacturer-based reverse distribution system.

(f) Rulemaking. By December 1, 1998, rules adopted to implement this section shall establish standards for affixing of labels, in compliance with federal law, either to the product or to the package.

(g) Penalties. No household shall be subject to the provisions of section 6612 of this title for noncompliance with subsections (b) and (c) of this section. (Added 1997, No. 151 (Adj. Sess.), § 2; amended 1999, No. 63, § 5; 2005, No. 13, § 4(a).)