AB 299

This bill regulates the sale of products to which mercury has been added during

formulation and manufacture (mercury-added products), including fever

thermometers, manometers (instruments for measuring pressure), thermostats,

instruments and measuring devices, switches and relays, and household items.

Under the bill, fever thermometers containing mercury may be sold only upon

a prescription, and must contain instructions for use and disposal and cleanup if the

thermometer breaks. The bill prohibits the sale of manometers that contain

mercury. Under the bill, manufacturers of manometers that contain mercury and

that are the type in milking machines must notify wholesalers and retailers of the

prohibition and provide instructions for disposal of remaining inventory. The bill

also prohibits the sale of certain products containing mercury, including

thermostats, other instruments and switches, and household items such as toys,

clothing, and cosmetics.

The bill authorizes a manufacturer or user of certain mercury-added products

to petition the Department of Natural Resources (DNR) for an exemption from the

bill's prohibitions. DNR may grant such an exemption only if the petitioner

establishes certain facts, including that technically feasible nonmercury

alternatives are not available at comparable cost.

This bill prohibits a public, private, or charter school from knowingly

purchasing or using free-flowing elemental mercury for any purpose, or, with certain

exceptions, from knowingly purchasing or using a mercury-containing compound or

an instrument or measuring device containing mercury. Beginning January 1, 2012,

the bill prohibits a public, private, or charter school from knowingly storing

free-flowing elemental mercury or, with certain exceptions, from storing a

mercury-containing compound or an instrument or measuring device containing

mercury.

A public, private, or charter school may purchase, use, or store a

mercury-containing compound or an instrument or measuring device containing

mercury if one of the following exceptions applies:

1. The purchase or use of the compound, instrument, or measuring device is

required under federal law.

2. The only mercury-added component in the instrument or measuring device

is a button cell battery.

3. No reasonably acceptable, mercury-free alternative exists, in which case,

only a compound, instrument, or measuring device that contains the lowest mercury

content available may be used.