Public Act 095-0087
HB0943 Enrolled LRB095 08225 CMK 28395 b

    AN ACT concerning public safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Mercury Fever Thermometer Prohibition Act is
amended by changing Sections 1 and 10 and by adding Sections 27
and 35 as follows:
    (410 ILCS 46/1)
    Sec. 1. Short title. This Act may be cited as the
Mercury-added Product Mercury Fever Thermometer Prohibition
(Source: P.A. 93-165, eff. 1-1-04.)
    (410 ILCS 46/10)
    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.
    "Agency" means the Illinois Environmental Protection
    "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.
    "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.
    "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.
(Source: P.A. 93-165, eff. 1-1-04.)
    (410 ILCS 46/27 new)
    Sec. 27. Sale and distribution of certain mercury-added
products prohibited.
    (a) 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;
        (2) esophageal dilators, bougie tubes, or
    gastrointestinal tubes;
        (3) flow meters;
        (4) hydrometers;
        (5) hygrometers;
        (6) manometers;
        (7) pyrometers;
        (8) sphygmomanometers;
        (9) thermometers; or
        (10) psychrometers.
    (b) This Section does not apply to the sale of a
mercury-added product listed in paragraphs (1) through (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.
    (c) This Section does not apply to the sale of a
mercury-added product listed in paragraphs (1) through (10) 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:
        (1) a system exists for the proper collection,
    transportation, and processing of the product at the end of
    its useful life; and
        (2) one of the following applies:
            (i) use of the product provides a net benefit to
        the environment, public health, or public safety when
        compared to available nonmercury alternatives; or
            (ii) technically feasible nonmercury alternatives
        are not available at comparable cost.
    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
prescribed by the Agency.
    (410 ILCS 46/35 new)
    Sec. 35. The Agency may participate in the establishment
and implementation of a regional, multistate clearinghouse to
assist in carrying out the requirements of this Act.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007