Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES HEADING: PL 1999, C. 779, §2 (NEW)
§1662. Labeling and consumer information
1.Labeling required for certain products. Effective January 1, 2002, a manufacturer may not sell at retail in this State or to a retailer in this State, and a retailer
may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. 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. Manufacturers shall affix to mercury-added products labels that conform
to the requirements of this subsection.
The board shall adopt rules to establish standards for affixing labels to the product and product package. The rules must
strive for consistency with labeling programs in other states and provide for approval of alternative compliance plans by
the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter
2-A.
This subsection applies to mercury-added lamps effective January 1, 2006, except that it does not apply to products containing
mercury-added lamps. The manufacturer of a mercury-added lamp is in compliance with this subsection if the manufacturer labels
all mercury-added lamps sold in this State in compliance with similar requirements adopted by another state.
[
2005, c. 148, §3 (AMD)
.]
2.Mercury-added lamps; large use applications. A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any
person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing
on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated
by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that
incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.
A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible
for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work
is being done that the lamps being removed from service contain mercury and what the contractor's arrangements are for the
management of the mercury in the removed lamps.
[
1999, c. 779, §2 (NEW)
.]
SECTION HISTORY
1999, c. 779, §2 (NEW).
2005, c. 148, §3 (AMD).
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