CLEAN WATER ACTION
f a c t s h e e t
THE MERCURY PRODUCTS BILL
H-4717 AN ACT REGULATING PRODUCTS CONTAINING MERCURY.
Sponsors: Rep. Douglas Petersen, Sen. Susan Tucker
Co-sponsors: Senator Cheryl Jacques, Rep. Carol Donovan,
Rep. David Torrisi, Rep. Matthew Patrick, Rep. Frank Smizik,
Rep. Ruth Provost, Rep. Patricia Jehlen, Rep. Anthony Verga,
Rep. George Rogers, Rep. Mark Falzone, Rep. Brian Golden,
Rep. James Marzilli, Rep. David Linsky, Rep. Cele Hahn,
Rep. Peter Koutoujian, Rep. Ben Swan, Rep. Tom O'Brien,
Rep. Paul Casey
Clean Water Action is supporting an important bill filed
for the 2001-2002 legislative session by Rep. Douglas Petersen
(D-Marblehead) and Senator Susan Tucker (D-Andover).
THE PROBLEM. Mercury is a powerful neurotoxin which has
been linked to the development of learning disabilities in
children. Mercury emissions to the air and water concentrate
in fish. It is now unsafe to eat many types of freshwater and
ocean fish on a regular basis due to this mercury contamination.
The mercury in many common products, such as thermometers,
thermostats, and fluorescent bulbs is emitted to the air
when the product is disposed of at incinerators and later is
deposited from rain into waterbodies.
WHAT NEEDS TO BE DONE. Mercury needs to be kept out of the incinerators, out of the lakes and ponds, and out of the
fish we eat. To do so, H-4717 takes a comprehensive approach
to reducing mercury emissions by phasing out mercury in
products, almost all of which have a non-mercury alternative,
and requiring manufacturers to take them back.
H-4717 does the following:
PRODUCT TAKE-BACK. Requires manufacturers of
mercury-added products to be financially responsible for
collection and recycling of them after they have been used.
PHASE OUT. Requires the phase-out of mercury-added
products in Massachusetts by prohibiting the sale or use of
products with 250 parts per million of mercury in 2 years;
bans products with 50 parts per million of mercury in 4 years,
and bans products with 10 parts per million in 6 years. A
manufacturer can apply for an exemption by showing that the
product is essential to comply with public safety requirements
and that a collection system has been set up by the manufacturer
to collect the product after it is used.
LABELING. Requires that mercury-containing
products are clearly labeled showing the mercury content
and advising the purchaser on proper disposal.
PROHIBITS COLLECTION & DISPOSAL. Prohibits the
collection of mercury-containing products by solid waste
haulers, and prohibits the disposal of mercury-containing
products in landfills or incinerators.
PROHIBITS SALE OF MERCURY-ADDED PRODUCTS. Prohibits
the sale of mercury fever thermometers (by 5/1/02) except by
prescription; the sale of mercury-containing toys or novelties
(by 11/1/01); the sale or use of mercury to schools (by 11/1/01)
except for measuring devices and thermometers for which no
adequate substitute exists; the sale of elemental mercury
(by 11/1/01) except for medical, dental, research, or manufacturing
purposes; and prohibits the purchase of a mercury-added product
by a state agency (by 11/1/01) unless the agency can show
that there is no feasible alternative.
HEALTH CARE FACILITIES. Requires that manufacturers
of a mercury-added formulation product with more than 1 part
per billion of mercury offered for sale in Massachusetts to
a health care facility provide a certificate of analysis to
the facility and to the state which documents the mercury
content of the product.