AN ACT CONCERNING REVISIONS TO THE MERCURY REDUCTION PROVISIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 22a-617 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(a) Except as provided in section 22a-618, except for products that contain a mercury-containing lamp used for backlighting that cannot feasibly be removed by the purchaser and except for [specialized lighting used in the entertainment industry such as metal halide lights] high intensity discharge lamps containing more than one hundred milligrams of mercury including, but not limited to, metal halide lamps, mercury vapor lamps, mercury capillary lamps, mercury-xenon short-arc lamps and mercury short-arc lamps, no person shall offer for sale or distribute for promotional purposes any mercury-added product if: (1) After July 1, 2004, the mercury content of the product exceeds one gram in the case of fabricated mercury-added products or two hundred fifty parts per million in the case of formulated mercury-added products; and (2) on and after July 1, 2006, the mercury content of the product exceeds one hundred milligrams in the case of fabricated mercury-added products or fifty parts per million in the case of formulated mercury-added products.

Sec. 2. Subsection (g) of section 22a-619 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(g) (1) Manufacturers shall meet all the requirements of this section for large appliances, including, but not limited to, washers, dryers, ovens, including microwave ovens, refrigerators, air conditioners, dehumidifiers or portable heaters sold in a store where such appliance is on display, except that no package labeling shall be required; (2) manufacturers shall meet all the requirements of this section for mercury fever thermometers, except that no product labeling shall be required; (3) in the case of vehicles, (A) manufacturers shall meet the product labeling requirements of this section for vehicles by placing a label on the doorpost of the vehicles that lists the mercury-added components that may be present in the vehicle, and (B) manufacturers shall not be required to label the mercury-added components of the vehicle; (4) manufacturers of products that contain a mercury-containing lamp used for backlighting that cannot feasibly be removed by the purchaser shall meet the product labeling requirements of this section by placing the label on the product or its care and use manual; (5) manufacturers [shall meet all the requirements of this section for button cell batteries containing mercury, except that no labeling shall be required] of button cell batteries containing mercury and products containing mercury and products containing such batteries shall not be required to meet the requirements of this section; (6) [in the case of products that contain button cell batteries containing mercury as the only mercury components, manufacturers shall meet the packaging requirements of this section by including a label in the product instructions, if any, and on the packaging, and no further product labeling shall be required] manufacturers of luminaries shall meet the labeling requirements of this section by providing information on their websites and in their catalogs; (7) manufacturers of fluorescent lights and high-intensity discharge lamps shall meet the labeling requirements of this section by labeling the product packaging; and (8) manufacturers of medical equipment not intended for use by nonmedical personnel are exempt from this section.

Sec. 3. Subsection (f) of section 22a-620 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

(f) The following are exempt from the provisions of this section: (1) Formulated mercury-added products intended to be consumed in use, including, but not limited to, reagents, cosmetics, pharmaceuticals and other laboratory chemicals; (2) fabricated mercury-containing products where the only mercury is contained in a component that cannot feasibly be removed by the purchaser including, but not limited to, electronic products whose only mercury-added component is a mercury-containing lamp used for backlighting provided such manufacturer or trade association maintains a web-based service to provide information on recycling and safe disposal of such products; (3) photographic film and paper; (4) a manufacturer or trade association of mercury-containing lamps that maintains a toll-free telephone number and an Internet-based service to provide information on recycling and safe disposal of such lamps and directs consumers to such telephone number and service on any statutorily-required package label; (5) button cell batteries containing mercury and products containing such batteries; and [(5)] (6) any other product for which the commissioner determines a collection plan is not feasible.

Statement of Purpose:

To expand the exception for the restriction on the sale or distribution of mercury-added products to include additional high intensity discharge lamps; to exempt button cell batteries and products containing such batteries from the labeling requirements of the mercury reduction provisions; to revise the labeling requirements for luminaries; and to exempt button cell batteries containing mercury and products containing such batteries from the collection requirements of the mercury reduction provisions.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]