N.Y. Environmental Conservation Law § 27-2107: Prohibitions

§ 27-2107. Prohibitions.

1. On and after January first, two thousand five, no person shall

sell, offer for sale or distribute free of charge in the state any

mercury-added novelty consumer product. A manufacturer that produces or

sells mercury-added novelty consumer products shall notify retailers

that sell mercury-added novelty consumer products about such product ban

and inform such retailers of how to properly dispose of the remaining

inventory.

2. On and after January first, two thousand five, no person shall

sell, offer for sale or distribute free of charge mercury fever

thermometers or mercury body thermometers except by prescription written

by a physician. A manufacturer of such thermometers shall provide the

buyer or the recipient with notice of mercury content, instructions on

proper disposal and instructions that clearly describe how to carefully

handle the thermometer to avoid breakage and on proper cleanup should a

breakage occur.

3. On or after January first, two thousand five, no person shall sell,

offer for sale or distribute free of charge in the state elemental

mercury, other than within a mercury-added consumer product, without

requiring the final purchaser or recipient to sign a statement that the

purchaser will use the mercury only for medical, pre-encapsulated dental

amalgam, research, or manufacturing purposes.

4. On or after September fourth, two thousand four, no primary or

secondary school in New York state may use or purchase elemental

mercury. Mercury-added consumer products which are not otherwise

prohibited by this title that are used by schools are not subject to

this prohibition.

5. On or after January first, two thousand six, no person shall sell,

offer for sale or distribute the following mercury-added consumer

products:

(a) mercury barometers;

(b) mercury esophageal dilators, mercury bougie tubes or mercury

gastrointestinal tubes;

(c) mercury flow meters;

(d) mercury hygrometers or mercury psychrometers; and

(e) mercury pyrometers;

The provisions of this subdivision shall not apply to the sale or

distribution of any mercury-added consumer product delineated in this

subdivision if such product is used to replace a product that is a

component in a larger product in use prior to January first, two

thousand six, or the resale of any mercury-added consumer product

delineated in this subdivision manufactured before December

thirty-first, two thousand five.

6. On or after January first, two thousand seven, no person shall

sell, offer for sale or distribute any mercury hydrometer or mercury

manometer. The provisions of this subdivision shall not apply to the

sale or distribution of any mercury-added consumer product delineated in

this subdivision if such product is used to replace a product that is a

component in a larger product in use prior to January first, two

thousand seven, or the resale of any mercury-added consumer product

delineated in this subdivision manufactured before December

thirty-first, two thousand six.

7. On or after January first, two thousand eight, no person shall

sell, offer for sale or distribute any mercury switch or mercury relay

individually or as a product component. The provisions of this

subdivision shall not apply to the sale or distribution of any

mercury-added consumer product delineated in this subdivision if such

product is used to replace a product that is a component in a larger

product in use prior to January first, two thousand eight, or the resale

of any mercury-added consumer product delineated in this subdivision

manufactured before December thirty-first, two thousand seven.

8. On or after January first, two thousand twelve, no person shall

sell, offer for sale or distribute any mercury sphygmomanometer, mercury

wetted reed relay, mercury flame sensor, mercury thermometer, or mercury

thermostat, except for mercury thermostats used by a blind or visually

impaired person. The provisions of this subdivision shall not apply to

the sale or distribution of any mercury-added consumer product

delineated in this subdivision if such product is used to replace a

product that is a component in a larger product in use prior to January

first, two thousand twelve or the resale of any mercury-added consumer

product delineated in this subdivision manufactured prior to January

first, two thousand twelve.

9. The provisions of subdivisions five, six, seven and eight of this

section shall not apply to the sale or distribution of any mercury-added

consumer product delineated in those subdivisions if the use of such

product is a federal requirement. The department shall develop

informational materials on the dangers of mercury-added consumer

products, specifically thermometers and barometers, and disseminate such

materials to antique dealers and resale establishments.

10. The department may grant a waiver from the provisions of

subdivision eight of this section upon request by the manufacturer of a

mercury-added consumer product.

(a) An application for a waiver shall be in the form prescribed by the

department and document the basis for the requested waiver or renewal of

a waiver and describe how the manufacturer will ensure that a system

exists for the proper collection, transportation and processing of the

mercury-added consumer products at the end of their useful life.

(b) The application must include at a minimum, information that

demonstrates:

(i) there are no non-mercury alternatives that are comparable in price

to, are as effective in performance as, or are as accurate and precise

as the identified mercury-added consumer product;

(ii) the use of the mercury-added consumer product provides a net

benefit to the environment, public health, or public safety when

compared to a non-mercury alternative; or

(iii) there are other factors affecting the use of non-mercury

alternatives.

(c) The manufacturer must notify the regional multi-state

clearinghouse, as identified in section 27-2115 of this title, of its

request for a waiver pursuant to this subdivision and provide the

clearinghouse with the information required in its waiver application.

(d) The department may grant or deny, in whole or in part, a request

for a waiver. In determining whether to grant or deny a waiver or waiver

renewal, the department may consult with the clearinghouse, other

states, or regional governmental organizations to promote consistency in

the implementation of this subdivision.

(e) Waivers shall be granted for a period not to exceed two years.

Upon a request by the manufacturer, the department may renew a waiver

for a period not to exceed two years if the department finds that the

manufacturer continues to meet the requirements for a waiver, that the

manufacturer has complied with all conditions of the original waiver,

and the manufacturer demonstrates that reasonable efforts have been made

to remove mercury from the product subject to the waiver.

11. On and after January first, two thousand twenty-one, no producer

of mercury-added lamps shall sell, offer for sale, or distribute such

lamps that fail to meet mercury content standards adopted by the

department pursuant to rules and regulations. Such standards shall

include what, if any, allowance should be granted for slight variations

in the amount of mercury resulting from production variances. For the

following general purpose lights, mercury content shall be no higher

than:

(a) 2.5 milligrams for screw-based compact fluorescent lamps less than

thirty watts;

(b) 3.5 milligrams for straight fluorescent T8 lamps with a normal

lifetime (excluding 8-foot models) and 3.0 milligrams for straight

fluorescent T5 lamps with a normal lifetime;

(c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a

long lifetime;

(d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps

and 8-foot linear fluorescent lamps (excluding very high output models);

12. On or before December thirty-first, two thousand twenty-six,

mercury content standards established in accordance with this section

shall not apply to special purpose lights.