BILL REQ. #:  S-0407.1 

Read first time 01/15/2003.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to mercury reduction and education; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Automotive mercury switch" includes a convenience switch, such as a switch for a trunk or hood light, and a mercury switch in antilock brake systems.
     (2) "Department" means the department of ecology.
     (3) "Director" means the director of the department of ecology.
     (4) "Health care facility" includes a hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization.
     (5) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. In the case of a multicomponent product containing mercury, the manufacturer is the last manufacturer to produce or assemble the product. If the multicomponent product or mercury-added product is produced in a foreign country, the manufacturer is the importer or domestic distributor.
     (6) "Mercury-added button-cell battery" means a button-cell battery to which the manufacturer intentionally introduces mercury for the operation of the battery.
     (7) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel, and other similar products.
     (8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, or chemical in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. Mercury-added products include, but are not limited to, mercury thermometers, mercury thermostats, and mercury switches in motor vehicles.
     (9) "Mercury manometer" means a mercury-added product that is used for measuring blood pressure.
     (10) "Mercury thermometer" means a mercury-added product that is used for measuring temperature.
     (11) "Retailer" means a retailer of a mercury-added product.

NEW SECTION.  Sec. 2   Nothing in this chapter applies to prescription drugs regulated by the food and drug administration under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), to biological products regulated by the food and drug administration under the public health service act (42 U.S.C. Sec. 262 et seq.), or to any substance that may be lawfully sold over-the-counter without a prescription under the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.).

NEW SECTION.  Sec. 3   (1) No later than one year after the effective date of this section, every manufacturer listed under subsection (4) of this section must develop a plan for ensuring that their products that contain mercury are properly collected, transported, and recycled. The plan must:
     (a) Identify either an existing or new collection system through which the used products can be returned for recycling or disposed of as hazardous waste; and
     (b) Identify a funding mechanism through which the manufacturer will fund the collection system.
     (2) Every manufacturer listed under subsection (4) of this section is financially responsible for the collection and recycling systems developed in the plan under subsection (1) of this section. All collection and recycling must be conducted in a manner that prevents the release of mercury into the environment. All collection and recycling systems are subject to department approval. After the plan is approved by the department, the manufacturer shall implement the plan.
     (3) The collection system plan must include:
     (a) A public education program to inform the public about the purpose of the collection program and how to participate in it;
     (b) A targeted capture rate for products;
     (c) A plan for implementing and financing the collection system;
     (d) Documentation of the willingness of all necessary parties to implement the proposed collection system;
     (e) A description of performance measures to be utilized and reported by the manufacturer of products identified in subsection (4) of this section to demonstrate that the collection system is meeting capture rate targets and other measures of program effectiveness; and
     (f) A description of additional or alternative actions that will be implemented to improve the collection system and its operation in the event that the program targets are not met.
     (4) This section applies to manufacturers of thermostats, motor vehicle manufacturers, and manufacturers of lamps that contain mercury and that have been offered or may be offered for sale or distributed for sale or use in this state. Motor vehicle manufacturers are responsible for meeting the requirements of this section for automotive mercury switches only.

NEW SECTION.  Sec. 4   (1) Effective January 1, 2004, a manufacturer or wholesaler may not sell at retail in this state, to a retailer in this state, or for use in this state, and a retailer may not knowingly sell a lamp manufactured after November 30, 2003, at retail if it contains mercury added during manufacture, unless the lamp is labeled according to the guidelines listed under subsection (2) of this section. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater. Primary responsibility for affixing labels required under this section is on the manufacturer, and not on the wholesaler or retailer.
     (2) A lamp is considered labeled under subsection (1) of this section if it has all of the following:
     (a) A durable label that is expected to last the life of the product with the symbol "Hg" in no less than ten-point font and in the same color as existing coloring on the lamp.
     (b) A label on the package and an insert for the package that contains "Hg- LAMP CONTAINS MERCURY" in a minimum ten-point font. The insert must also contain the website address for a department of ecology webpage that contains information on how to properly dispose of the lamp and a toll-free number to call for information on proper disposal.
     (3) A manufacturer of lamps required to be labeled under subsection (1) of this section shall fund a public education campaign in the state to educate consumers on the meaning of the label and how to properly dispose of the lamp.

NEW SECTION.  Sec. 5   (1) Effective January 1, 2004, no person may sell, offer for sale, or distribute for sale or use in this state a mercury-added novelty. A manufacturer of mercury-added novelties must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining mercury-added novelty inventory.
     (2)(a) Effective January 1, 2004, no person may sell, offer for sale, or distribute for sale or use in this state a thermometer that contains mercury. This subsection (2)(a) does not apply to:
     (i) An electronic thermometer with a button cell battery containing mercury if the battery is in compliance with section 3 of this act;
     (ii) A thermometer that contains mercury and that is used for food research and development or food processing, including meat, dairy products, and pet food processing;
     (iii) A thermometer that contains mercury and that is a component of an animal agriculture climate control system or industrial measurement system or for veterinary medicine until such a time as the system is replaced or a nonmercury component for the system or application is available; or
     (iv) A thermometer that contains mercury that is used for calibration of other thermometers, apparatus, or equipment, unless a nonmercury calibration standard is approved for the application by the
national institute of standards and technology.
     (b) A manufacturer of thermometers that contain mercury must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining thermometer inventory.
     (3) Effective January 1, 2006, no person may sell, install, or reinstall a commercial or residential thermostat that contains mercury. A manufacturer of commercial or residential thermostats that contain mercury must notify all retailers that sell the product about the provisions of this section and how to properly dispose of any remaining commercial or residential thermostat inventory.
     (4) No person may sell, offer for sale, or distribute for sale or use in this state a motor vehicle manufactured after January 1, 2006, if the motor vehicle contains an automotive mercury switch.
     (5) Effective January 1, 2004, a health care facility may not purchase mercury manometers.
     (6) Nothing in this section restricts the ability of a manufacturer, importer, or domestic distributor from transporting products through the state, or storing products in the state for later distribution outside the state.

NEW SECTION.  Sec. 6   (1) The department of general administration must, by January 1, 2004, revise its rules, policies, and guidelines to implement the purpose of this chapter.
     (2) The department of general administration must give priority and preference to the purchase of equipment, supplies, and other products that contain no mercury-added compounds or components, unless: (a) There is no economically feasible nonmercury-added alternative that performs a similar function; or (b) the product containing mercury is designed to reduce electricity consumption by at least forty percent and there is no nonmercury or lower mercury alternative available that saves the same or a greater amount of electricity as the exempted product. In circumstances where a nonmercury-added product is not available, preference must be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.

NEW SECTION.  Sec. 7   The department is authorized to participate in a regional or multistate clearinghouse to assist in carrying out any of the requirements of this chapter. A clearinghouse may also be used for examining notification and label requirements, developing education and outreach activities, and maintaining a list of all mercury-added products.

NEW SECTION.  Sec. 8   A violation of this chapter or any rule adopted under this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.

NEW SECTION.  Sec. 9   The department may adopt rules to implement this chapter.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW.