Public Act 93-0165

HB1530 Enrolled                      LRB093 08704 DRJ 08934 b

    AN ACT in relation to public health.

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

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

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

    Section  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.
    "Mercury  fever  thermometer" means any device containing
liquid mercury wherein the liquid mercury is used to  measure
the internal body temperature of a person.
    "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.
    "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
    "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
    "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.

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

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

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

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