Illinois General Assembly - Full Text of HB1530
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Full Text of HB1530  93rd General Assembly

HB1530enr 93rd General Assembly


HB1530 Enrolled                      LRB093 08704 DRJ 08934 b

 1        AN ACT in relation to public health.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Mercury Fever Thermometer Prohibition Act.

 6        Section 5.  Findings.
 7        (a)  The General Assembly finds:
 8             (1)  that human exposure to mercury  can  result  in
 9        adverse  health effects, and mercury pollutants have been
10        linked to nervous system, kidney, and  liver  damage  and
11        impaired childhood development;
12             (2)  that  mercury  fever  thermometers  are  easily
13        broken,  creating  a potential risk of dangerous exposure
14        to mercury  vapor  in  indoor  air  and  risking  mercury
15        contamination of the environment;
16             (3)  that  accidental mercury spills and thermometer
17        breakages have proven costly to clean up;
18             (4)  that according to  the  Mercury  Study  Report,
19        prepared  by the U.S. Environmental Protection Agency and
20        submitted to the U.S. Congress  in  1997,  mercury  fever
21        thermometers  contribute approximately 17 tons of mercury
22        to solid waste each year;
23             (5)  that  according  to  the   U.S.   Environmental
24        Protection Agency, the quantity of mercury in one mercury
25        fever  thermometer,  approximately one gram, is enough to
26        contaminate all fish in a lake with a surface area of  20
27        acres;
28             (6)  that  accurate and safe alternatives to mercury
29        thermometers are  readily  available  and  comparable  in
30        cost; and
31             (7)  that  many  national pharmacy and retail chains
HB1530 Enrolled            -2-       LRB093 08704 DRJ 08934 b
 1        have discontinued the sale  of  mercury  thermometers  to
 2        consumers.
 3        (b)  It  is the purpose of this Act to prohibit the sale,
 4    distribution,  or  promotional   gifts   of   mercury   fever
 5    thermometers in this State.

 6        Section  10.  Definitions.  For the purposes of this Act,
 7    the words and terms defined in this Section  shall  have  the
 8    meaning given, unless the context otherwise clearly requires.
 9        "Mercury  fever  thermometer" means any device containing
10    liquid mercury wherein the liquid mercury is used to  measure
11    the internal body temperature of a person.
12        "Mercury-added  novelty"  means  a  mercury-added product
13    intended for personal or household enjoyment,  including  but
14    not  limited  to:  toys, figurines, adornments, games, cards,
15    ornaments, yard  statues  and  figurines,  candles,  jewelry,
16    holiday decorations, and footwear and other items of apparel.
17        "Health  care facility" means any hospital, nursing home,
18    extended care facility, long-term facility, clinic or medical
19    laboratory, State or private health  or  mental  institution,
20    clinic,    physician's    office,   or   health   maintenance
21    organization.
22        "Hospital" means any  institution,  place,  building,  or
23    agency,  public  or  private, whether organized for profit or
24    not, devoted primarily to the maintenance  and  operation  of
25    facilities  for  the  diagnosis and treatment or care of 2 or
26    more unrelated persons admitted for overnight stay or  longer
27    in order to obtain medical, including obstetric, psychiatric,
28    and  nursing, care of illness, disease, injury, infirmity, or
29    deformity.
30        "Person"    means    any     individual,     partnership,
31    co-partnership,  firm,  company,  limited  liability company,
32    corporation, association, joint stock company, trust, estate,
33    political   subdivision,   State   agency,   or    non-profit
HB1530 Enrolled            -3-       LRB093 08704 DRJ 08934 b
 1    organization, or any other legal entity.

 2        Section  15.  Sale, distribution, or promotional gifts of
 3    mercury fever thermometers prohibited.
 4        (a)  On or after July 1,  2004,  no  person  shall  sell,
 5    distribute,  or  give  for  promotional  purposes  (including
 6    online retail) mercury fever thermometers in this State.
 7        (b)  On   or  after  July  1,  2004,  no  hospital  shall
 8    distribute mercury fever thermometers  in  maternity  or  new
 9    baby gift packs to patients.
10        (c)  This   Section  does  not  apply  to  mercury  fever
11    thermometers sold or provided to be used  in  a  health  care
12    facility.

13        Section  20.  Manufacturing of mercury fever thermometers
14    prohibited. On  or  after  July  1,  2004,  no  person  shall
15    manufacture a mercury fever thermometer in this State.

16        Section  25.  Sale, distribution, or promotional gifts of
17    mercury-added novelty products prohibited.  On and after July
18    1, 2004, no mercury-added novelty products may be offered for
19    sale or distributed for promotional purposes in  Illinois  if
20    the  offerer  or distributor knows or has reason to know that
21    the product contains mercury, unless the  mercury  is  solely
22    within a button-cell battery or a fluorescent light bulb.

23        Section 30.  Penalty for violation. A person who violates
24    this  Act  shall  be  guilty  of  a  petty  offense  and upon
25    conviction shall be subject to a fine of not  less  than  $50
26    and not more than $200 for each violation.