Mercury-Added Product Manufacturer Requirements

Vermont has new product legislation effective July 1, 2005 with additional requirements for manufacturers of mercury-added products. There are three specific provisions in the law that manufacturers must comply with in order to sell mercury-added products in the State of Vermont:

1. Labeling (changed from 1998 legislation)
2. Notification
3. Restrictions and bans on the sale of certain mercury-added products

What is a mercury-added product?
§7102 (9) "Mercury-added product" means a product, a commodity, a chemical, a product with one or more components, or a product that cannot function without the use of that component, that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.

In Vermont law, this includes most mercury-added products except for those specifically regulated by Federal law (see exclusions for specific products under labeling and notification).

Who is a manufacturer?
§7102 (6)(A) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that (i) produces a mercury-added product, or (ii) serves as an importer or domestic distributor of a mercury-added product produced outside the United States.
(B) This definition shall not apply to retailers for whom importing is not their primary business.

Labeling
Labeling applies to all products except button cell batteries and products that contain button cell batteries. Manufacturers of mercury-added products must submit a Certified Labeling Plan (even if they already have an approved Certified Labeling Plan on file) by October 1, 2006 for products to be sold in the state after July 1, 2007.

In 1998, Vermont passed labeling legislation that regulated a specific list of mercury-added products. That legislation is currently in effect to direct the labeling of those products but is replaced by the 2005 legislation that takes effect and covers mercury-added products sold in the State of Vermont after July 1, 2007.

There may be additional labeling requirements under the new 2005 legislation for existing products that are currently regulated under Vermont's 1998 statute. There also may be new requirements for mercury-added products that are not currently regulated under Vermont's 1998 law. Below are the links to the existing 1998 labeling requirements as well as a link to the new 2005 labeling requirements. Vermont is accepting the use of the 2005 labeling requirements when there is a regulated product that has different requirements under the 1998 provisions and the new 2005 provisions, so that a manufacturer does not have to change a method of labeling when the new law is effective for the sale of products after July 1, 2007.

Notification
10 V.S.A. §7104
Notification applies to all products except those regulated by federal law. Manufacturers as well as distributors of products must file a notification form with the Interstate Mercury Education and Reduction Clearinghouse (IMERC) by July 1, 2006 in order to sell their product in the State of Vermont.

Restrictions on the Sale of Certain Mercury-Added Products
10 V.S.A. §7105

Products Banned from Sale in Vermont Effective July 1, 2006 include:

• Novelties (excludes products containing button cell batteries or mercury added lamps);
• Fever Thermometers (excludes thermometers with button cell batteries);
• Thermostats (mercury-added); and
• Elemental mercury (except for medical, manufacturing or research purposes).

Dairy manometers are banned from Sale in Vermont Effective January 1, 2006.

Products Banned from Sale in Vermont Effective January 1, 2007 (unless an exemption is approved) include:

• Barometers, esophageal dilators, bougie tubes, gastrointestinal tubes, flow meters, hydrometers, hygrometers or psychrometers, manometers other than dairy, pyrometers sphygmomanometers, thermometers other than fever thermometers, mercury-added neon type signs or lamps; and
• Mercury switches, and mercury relays (and products that contain these components).

What devices does the Agency interpret as being included in the category of "switches" under the law?:

A switch, by Agency interpretation, is any device, which may be referred to as a switch, sensor, valve, probe, control, or any other apparatus that directly regulates or controls the flow of electricity, gas or other compounds. The term "switch" is interpreted to include all components of the unit necessary to perform its flow-control function and must be labeled if mercury is added to any component of the switch.

Significant Deadlines for Implementation of Vermont's Mercury-Added Product Law

Mailing addresses to submit information to comply with Vermont's mercury-added products law:

Labeling plans and original phase-out exemption requests

Karen Knaebel
Vermont Department of Environmental Conservation
103 South Main Street, Cannery Building
Waterbury, Vermont 05671-4911

Notification forms and a copy of the phase-out exemption request

(Download Mercury-added Product Phase-Out Exemption Applcation Form here.)

IMERC
c/o NEWMOA
129 Portland Street, 6th floor
Boston, MA 02114