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| Public Act 097-1107 | ||||
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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) | ||
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 | ||
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 | ||
prescribed by the Agency.
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(Source: P.A. 95-87, eff. 8-13-07.) | ||
(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 | ||
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 | ||
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.) | ||
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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