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Public Act 097-1107
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| HB1261 Enrolled | LRB097 06466 RPM 46548 b |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mercury-added Product Prohibition Act is |
amended by changing Sections 10 and 27 as follows:
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(410 ILCS 46/10)
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Sec. 10. Definitions. For the purposes of this Act, the |
words and terms
defined in this Section shall have the meaning |
given, unless the context
otherwise clearly requires.
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"Agency" means the Illinois Environmental Protection |
Agency.
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"Mercury fever thermometer" means any device containing |
liquid mercury
wherein the liquid
mercury is used to measure |
the internal body temperature of a person.
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"Mercury-added novelty" means a mercury-added product |
intended for personal
or household enjoyment, including but not |
limited to: toys, figurines,
adornments, games, cards, |
ornaments, yard statues and figurines, candles,
jewelry, |
holiday decorations, and footwear and other items of apparel.
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"Mercury-added product" means a product to which mercury is |
added intentionally during formulation of manufacture, or a |
product containing one or more components to which mercury is |
intentionally added during formulation or manufacture.
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"Health care facility" means any hospital, nursing home, |
extended care
facility, long-term facility, clinic or medical |
laboratory, State or private
health or mental institution, |
clinic, physician's office, or health maintenance
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organization.
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"Hospital" means any institution, place, building, or |
agency, public or
private, whether organized for profit or not, |
devoted primarily to the
maintenance and operation of |
facilities for the diagnosis and treatment or care
of 2 or more |
unrelated persons admitted for overnight stay or longer in |
order
to obtain medical, including obstetric, psychiatric, and |
nursing, care of
illness, disease, injury, infirmity, or |
deformity.
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"Person" means any individual, partnership, |
co-partnership, firm, company,
limited liability company, |
corporation, association, joint stock company,
trust, estate, |
political subdivision, State agency, or non-profit |
organization,
or any other legal entity.
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"Zinc air button cell battery" means a battery that |
resembles a button in size and shape with a zinc anode, an |
alkaline electrolyte, and a cathode that is capable of |
catalyzing oxygen when present. |
(Source: P.A. 95-87, eff. 8-13-07.)
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(410 ILCS 46/27) |
(Text of Section before amendment by P.A. 97-459) |
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Sec. 27. Sale and distribution of certain mercury-added |
products prohibited. |
(a) No On and after July 1, 2008, no person shall sell, |
offer to sell, or distribute the following mercury-added |
products in this State: |
(1) barometers;
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(2) esophageal dilators, bougie tubes, or |
gastrointestinal tubes;
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(3) flow meters; |
(4) hydrometers;
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(5) hygrometers;
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(6) manometers;
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(7) pyrometers;
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(8) sphygmomanometers;
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(9) thermometers; or
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(10) psychrometers; or .
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(15) zinc air button cell batteries. |
(b) This Section does not apply to the sale of a |
mercury-added product listed in paragraphs (1) through (15) |
(10) of subsection (a) if use of the product is a federal |
requirement or if the only mercury-added component in the |
product is a button cell battery, other than a zinc air button |
cell battery.
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(c) This Section does not apply to the sale of a |
mercury-added product listed in paragraphs (1) through (15) |
(10) of subsection (a) for which an exemption is obtained under |
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this subsection (c). The manufacturer of the product may apply |
for an exemption for one or more uses of the product by filing |
a written petition with the Agency. The Agency may grant an |
exemption, with or without conditions, if the manufacturer |
demonstrates the following:
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(1) a system exists for the proper collection, |
transportation, and processing of the product at the end of |
its useful life; and
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(2) one of the following applies:
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(i) use of the product provides a net benefit to |
the environment, public health, or public safety when |
compared to available nonmercury alternatives; or
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(ii) technically feasible nonmercury alternatives |
are not available at comparable cost.
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Prior to approving an exemption, the Agency may consult |
with other states to promote consistency in the regulation of |
the product for which the exemption is requested. The Agency |
may also publish notice of its receipt of petitions for |
exemptions on its website and consider public comments |
submitted in response to the petitions. Exemptions shall be |
granted for a term of 5 years and may be renewed for additional |
5-year terms upon written application by the manufacturer if |
the manufacturer demonstrates that the criteria of this |
subsection (c) and the conditions of the product's original |
exemption approval continue to be met. All petitions for |
exemptions and exemption renewals shall be submitted on forms |
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prescribed by the Agency.
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(Source: P.A. 95-87, eff. 8-13-07.)
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(Text of Section after amendment by P.A. 97-459) |
Sec. 27. Sale and distribution of certain mercury-added |
products prohibited. |
(a) No On and after July 1, 2008, no person shall sell, |
offer to sell, or distribute the following mercury-added |
products in this State: |
(1) barometers;
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(2) esophageal dilators, bougie tubes, or |
gastrointestinal tubes;
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(3) flow meters; |
(4) hydrometers;
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(5) hygrometers;
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(6) manometers;
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(7) pyrometers;
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(8) sphygmomanometers;
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(9) thermometers;
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(10) psychrometers;
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(11) pressure transducers; |
(12) rings; |
(13) seals; or |
(14) sensors; or . |
(15) zinc air button cell batteries. |
(b) This Section does not apply to the sale of a |
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mercury-added product listed in paragraphs (1) through (15) |
(14) of subsection (a) if use of the product is a federal |
requirement or if the only mercury-added component in the |
product is a button cell battery, other than a zinc air button |
cell battery.
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(c) This Section does not apply to the sale of a |
mercury-added product listed in paragraphs (1) through (15) |
(14) of subsection (a) for which an exemption is obtained under |
this subsection (c). The manufacturer of the product may apply |
for an exemption for one or more uses of the product by filing |
a written petition with the Agency. The Agency may grant an |
exemption, with or without conditions, if the manufacturer |
demonstrates the following:
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(1) a system exists for the proper collection, |
transportation, and processing of the product at the end of |
its useful life; and
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(2) one of the following applies:
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(i) use of the product provides a net benefit to |
the environment, public health, or public safety when |
compared to available nonmercury alternatives; or
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(ii) technically feasible nonmercury alternatives |
are not available at comparable cost.
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Before approving an exemption, the Agency may consult with |
other states to promote consistency in the regulation of the |
product for which the exemption is requested. The Agency may |
also publish notice of its receipt of petitions for exemptions |
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on its website and consider public comments submitted in |
response to the petitions. Exemptions shall be granted for a |
term of 5 years and may be renewed for additional 5-year terms |
upon written application by the manufacturer if the |
manufacturer demonstrates that the criteria of this subsection |
(c) and the conditions of the product's original exemption |
approval continue to be met. All petitions for exemptions and |
exemption renewals shall be submitted on forms prescribed by |
the Agency.
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(Source: P.A. 97-459, eff. 7-1-12.)
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
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Section 99. Effective date. This Act takes effect July 1, |
2013.
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