Illinois General Assembly

Previous General Assemblies

Full Text of HB1261  97th General Assembly

HB1261enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1261 EnrolledLRB097 06466 RPM 46548 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mercury-added Product Prohibition Act is
5amended by changing Sections 10 and 27 as follows:
 
6    (410 ILCS 46/10)
7    Sec. 10. Definitions. For the purposes of this Act, the
8words and terms defined in this Section shall have the meaning
9given, unless the context otherwise clearly requires.
10    "Agency" means the Illinois Environmental Protection
11Agency.
12    "Mercury fever thermometer" means any device containing
13liquid mercury wherein the liquid mercury is used to measure
14the internal body temperature of a person.
15    "Mercury-added novelty" means a mercury-added product
16intended for personal or household enjoyment, including but not
17limited to: toys, figurines, adornments, games, cards,
18ornaments, yard statues and figurines, candles, jewelry,
19holiday decorations, and footwear and other items of apparel.
20    "Mercury-added product" means a product to which mercury is
21added intentionally during formulation of manufacture, or a
22product containing one or more components to which mercury is
23intentionally added during formulation or manufacture.

 

 

HB1261 Enrolled- 2 -LRB097 06466 RPM 46548 b

1    "Health care facility" means any hospital, nursing home,
2extended care facility, long-term facility, clinic or medical
3laboratory, State or private health or mental institution,
4clinic, physician's office, or health maintenance
5organization.
6    "Hospital" means any institution, place, building, or
7agency, public or private, whether organized for profit or not,
8devoted primarily to the maintenance and operation of
9facilities for the diagnosis and treatment or care of 2 or more
10unrelated persons admitted for overnight stay or longer in
11order to obtain medical, including obstetric, psychiatric, and
12nursing, care of illness, disease, injury, infirmity, or
13deformity.
14    "Person" means any individual, partnership,
15co-partnership, firm, company, limited liability company,
16corporation, association, joint stock company, trust, estate,
17political subdivision, State agency, or non-profit
18organization, or any other legal entity.
19    "Zinc air button cell battery" means a battery that
20resembles a button in size and shape with a zinc anode, an
21alkaline electrolyte, and a cathode that is capable of
22catalyzing oxygen when present.
23(Source: P.A. 95-87, eff. 8-13-07.)
 
24    (410 ILCS 46/27)
25    (Text of Section before amendment by P.A. 97-459)

 

 

HB1261 Enrolled- 3 -LRB097 06466 RPM 46548 b

1    Sec. 27. Sale and distribution of certain mercury-added
2products prohibited.
3    (a) No On and after July 1, 2008, no person shall sell,
4offer to sell, or distribute the following mercury-added
5products in this State:
6        (1) barometers;
7        (2) esophageal dilators, bougie tubes, or
8    gastrointestinal tubes;
9        (3) flow meters;
10        (4) hydrometers;
11        (5) hygrometers;
12        (6) manometers;
13        (7) pyrometers;
14        (8) sphygmomanometers;
15        (9) thermometers; or
16        (10) psychrometers; or .
17        (15) zinc air button cell batteries.
18    (b) This Section does not apply to the sale of a
19mercury-added product listed in paragraphs (1) through (15)
20(10) of subsection (a) if use of the product is a federal
21requirement or if the only mercury-added component in the
22product is a button cell battery, other than a zinc air button
23cell battery.
24    (c) This Section does not apply to the sale of a
25mercury-added product listed in paragraphs (1) through (15)
26(10) of subsection (a) for which an exemption is obtained under

 

 

HB1261 Enrolled- 4 -LRB097 06466 RPM 46548 b

1this subsection (c). The manufacturer of the product may apply
2for an exemption for one or more uses of the product by filing
3a written petition with the Agency. The Agency may grant an
4exemption, with or without conditions, if the manufacturer
5demonstrates the following:
6        (1) a system exists for the proper collection,
7    transportation, and processing of the product at the end of
8    its useful life; and
9        (2) one of the following applies:
10            (i) use of the product provides a net benefit to
11        the environment, public health, or public safety when
12        compared to available nonmercury alternatives; or
13            (ii) technically feasible nonmercury alternatives
14        are not available at comparable cost.
15    Prior to approving an exemption, the Agency may consult
16with other states to promote consistency in the regulation of
17the product for which the exemption is requested. The Agency
18may also publish notice of its receipt of petitions for
19exemptions on its website and consider public comments
20submitted in response to the petitions. Exemptions shall be
21granted for a term of 5 years and may be renewed for additional
225-year terms upon written application by the manufacturer if
23the manufacturer demonstrates that the criteria of this
24subsection (c) and the conditions of the product's original
25exemption approval continue to be met. All petitions for
26exemptions and exemption renewals shall be submitted on forms

 

 

HB1261 Enrolled- 5 -LRB097 06466 RPM 46548 b

1prescribed by the Agency.
2(Source: P.A. 95-87, eff. 8-13-07.)
 
3    (Text of Section after amendment by P.A. 97-459)
4    Sec. 27. Sale and distribution of certain mercury-added
5products prohibited.
6    (a) No On and after July 1, 2008, no person shall sell,
7offer to sell, or distribute the following mercury-added
8products in this State:
9        (1) barometers;
10        (2) esophageal dilators, bougie tubes, or
11    gastrointestinal tubes;
12        (3) flow meters;
13        (4) hydrometers;
14        (5) hygrometers;
15        (6) manometers;
16        (7) pyrometers;
17        (8) sphygmomanometers;
18        (9) thermometers;
19        (10) psychrometers;
20        (11) pressure transducers;
21        (12) rings;
22        (13) seals; or
23        (14) sensors; or .
24        (15) zinc air button cell batteries.
25    (b) This Section does not apply to the sale of a

 

 

HB1261 Enrolled- 6 -LRB097 06466 RPM 46548 b

1mercury-added product listed in paragraphs (1) through (15)
2(14) of subsection (a) if use of the product is a federal
3requirement or if the only mercury-added component in the
4product is a button cell battery, other than a zinc air button
5cell battery.
6    (c) This Section does not apply to the sale of a
7mercury-added product listed in paragraphs (1) through (15)
8(14) of subsection (a) for which an exemption is obtained under
9this subsection (c). The manufacturer of the product may apply
10for an exemption for one or more uses of the product by filing
11a written petition with the Agency. The Agency may grant an
12exemption, with or without conditions, if the manufacturer
13demonstrates the following:
14        (1) a system exists for the proper collection,
15    transportation, and processing of the product at the end of
16    its useful life; and
17        (2) one of the following applies:
18            (i) use of the product provides a net benefit to
19        the environment, public health, or public safety when
20        compared to available nonmercury alternatives; or
21            (ii) technically feasible nonmercury alternatives
22        are not available at comparable cost.
23    Before approving an exemption, the Agency may consult with
24other states to promote consistency in the regulation of the
25product for which the exemption is requested. The Agency may
26also publish notice of its receipt of petitions for exemptions

 

 

HB1261 Enrolled- 7 -LRB097 06466 RPM 46548 b

1on its website and consider public comments submitted in
2response to the petitions. Exemptions shall be granted for a
3term of 5 years and may be renewed for additional 5-year terms
4upon written application by the manufacturer if the
5manufacturer demonstrates that the criteria of this subsection
6(c) and the conditions of the product's original exemption
7approval continue to be met. All petitions for exemptions and
8exemption renewals shall be submitted on forms prescribed by
9the Agency.
10(Source: P.A. 97-459, eff. 7-1-12.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect July 1,
192013.