HB701

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

MERCURY POISONING REDUCTION ACT

§ -1 Title. This chapter shall be known and may be cited as the "Mercury Poisoning Reduction Act".

§ -2 Findings and purpose. (a) The legislature finds that:

(1) Mercury is a persistent and toxic pollutant that accumulates in the environment;

(2) Accidental mercury spills, breakages, and releases have occurred throughout the United States;

(3) Health care facilities, educational and research institutions, and businesses have also experienced significant employee exposures and incurred significant costs due to accidental mercury releases;

(4) Consumption of mercury-contaminated fish poses a significant public health threat and, because of this threat, numerous states have issued fish advisories;

(5) Studies have documented that exposure to elevated levels of mercury in the environment over time has resulted in serious harm to humans and fish-consuming wildlife;

(6) Several state programs have demonstrated that removal of mercury-containing products from the waste stream prior to combustion is an effective way to reduce mercury emissions from solid waste management facilities; and

(7) Manufacturers of certain mercury-added products, such as thermostats, have established successful "take back" programs for properly managing the products at the end of their useful life.

(b) The purpose of this chapter is to protect the health and welfare of Hawaii residents by reducing mercury emissions through restrictions on the manufacture, sale, and distribution of mercury-containing goods, and the establishment of effective state and county waste reduction, recycling, and management programs.

§ -3 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"Department" means the department of health.

"Manufacturer" means any person, firm, corporation, or governmental entity that produces a product containing mercury, or an importer or domestic distributor of a product containing mercury 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 is produced in a foreign country, the manufacturer is the importer or domestic distributor.

"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, and items of apparel, including footwear.

"Mercury-added product" means a product that contains mercury or a mercury compound intentionally added to the product.

"Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.

"Product containing mercury" means any product that contains mercury or a mercury compound from any source or cause, whether intended or unintended, including but not limited to a mercury-added product and a product manufactured using mercury.

§ -4 Mercury reduction; notification. (a) After December 31, 2007, no mercury-added product shall be offered for final sale, use, or distribution for promotional purposes in this State without prior notification in writing by the manufacturer of the product to the department in accordance with the requirements of this section. The notification shall at a minimum include:

(1) A brief description of the product to be offered for sale, use, or distribution;

(2) The amount of, and purpose for, mercury in each unit of the product, reported as an exact number or average per product, with an upper and lower limit unless waived by the department due to practical considerations; and

(3) The name and address of the manufacturer, and the name, address, and telephone number of a contact person for the manufacturer.

(b) With the approval of the department, the manufacturer may supply the information required in subsection (a)(1) for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information, or when requested by the department. The department may define and adopt specific requirements through rules adopted pursuant to chapter 91 for the content and submission of the required notification through rules adopted pursuant to chapter 91.

(c) Any information furnished pursuant to the requirements of this section, as certified by the manufacturer, that relates to production or sales figures, or to processes or production unique to the manufacturer, or that would tend to affect adversely the competitive position of the manufacturer, shall be only for the confidential use of the department and the interstate clearinghouse, as provided in section -8, in the administration of this section, unless the manufacturer expressly agrees to their publication or availability to the public. Nothing herein shall be construed to prevent the use of such information by the department and the interstate clearinghouse in compiling or publishing analyses or summaries relating to the amount and effect of mercury in products and the environment; provided that the analyses or summaries do not identify any manufacturer or reveal any information otherwise confidential under this section.

(d) This section shall not apply to prescription drugs or 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. 301 et seq.

§ -5 Restrictions on mercury distribution; rules. (a) There shall be the following restrictions on the sale of certain mercury-added products in the State:

(1) No later than July 1, 2008, no mercury-added novelty shall be offered for final sale or use, or distributed for promotional purposes in this State if the seller knows or has reason to know that the product contains mercury. Manufacturers that produce and sell mercury-added novelties shall notify retailers about this restriction and how to dispose of the remaining inventory properly;

(2) After December 31, 2007, no person shall sell or supply mercury fever thermometers to consumers or patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of thermometers to avoid breakage and proper cleanup, should a breakage occur;

(3) No school in this State shall use or purchase for use in a primary or secondary classroom, elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers that are used in school laboratories, and for which no adequate substitute exists; and

(4) A manufacturer or wholesaler may not sell and a retailer may not knowingly sell any of the items listed in subsection (a)(1), unless the item is labeled to 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.

(b) The following items shall be labeled if they contain mercury:

(1) A thermostat or thermometer;

(2) A switch, individually, or as part of another product;

(3) A medical or scientific instrument;

(4) An electric relay or other electrical device; and

(5) A lamp or bulb.

(c) The department shall adopt rules in accordance with chapter 91 to establish standards for affixing labels, in compliance with federal law, either to the product or to its package.

(d) No person shall sell or provide elemental mercury in this State without providing a material safety data sheet, as defined in 42 U.S.C. Section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser or recipient:

(1) Shall use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes;

(2) Understands that mercury is toxic, and will store and use it appropriately so that no person is exposed to the mercury; and

(3) Shall not place or allow anyone under the person's control to place the mercury or cause the mercury to be placed in solid waste for disposal or in a wastewater disposal system.

(e) The department shall develop a plan for reducing mercury pollution from dental procedures. In developing the plan, the department shall consult with dentists. The department shall adopt rules in accordance with chapter 91 to implement mandatory source reduction of mercury from dental procedures.

§ -6 Proper disposal of mercury. (a) There shall be the following restrictions on the disposal of products containing mercury:

(1) After January 1, 2008, no person, retailer, or manufacturer shall knowingly dispose of a labeled mercury-added product in a landfill, incineration facility, or other solid waste disposal facility;

(2) Except as otherwise provided in this chapter, each person, retailer, or manufacturer who disposes of solid waste within the State shall separate labeled mercury-added products from that solid waste. A contractor who replaces or removes labeled mercury-added products shall ensure the proper separation and disposal of any discarded mercury-added product; and

(3) A person, retailer, or manufacturer shall dispose of separated mercury-added products only as part of a collection program established under subsection (b) or (c).

(b) By October 1, 2007, every solid waste disposal facility shall develop a program for the collection of mercury-added products. The program shall ensure that mercury is removed from a product and reused, recycled, or otherwise managed. The program shall include an informational effort to advise the public about labeled mercury-added products. A solid waste disposal facility shall implement a collection program developed pursuant to this section by January 1, 2008.

(c) A manufacturer of a mercury-added product listed in section -5(b) shall establish and maintain a manufacturer-based reverse distribution system for the proper collection, transportation, and management of the product from purchasers in this State and clearly inform each purchaser of the product of the available systems for proper collection and disposal of the product. A manufacturer of a mercury-added product may not charge a fee for collecting and managing its products.

§ -7 Public education and outreach. (a) The department shall implement a public education, outreach, and assistance program for households, hazardous waste generators, county solid waste management agencies, dismantlers, institutions, and schools on the hazards of mercury, the requirements and obligations of individuals, manufacturers, and agencies under this chapter, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The department shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs.

(b) The department shall assist counties and relevant associations to develop collection programs and to disseminate information to the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information program shall be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products and at any other large users of those products.

§ -8 Interstate cooperation. (a) The department shall cooperate with other states and regional organizations in the United States on developing outreach, assistance, and education programs, where appropriate.

(b) The department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications regarding mercury-containing products, applications for phase-out exemptions, reviews of the collection plans, the disclosures of mercury content, applications for alternative labeling, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products, a file on all exemptions granted by the states, and a file of all the manufacturer reports on the effectiveness of their collection systems.

§ -9 State review. The department, in consultation with other states, shall report annually by January 15 to the legislature on:

(1) The extent of mercury contamination in the State's environment and the extent of any health risk from mercury contamination in the State;

(2) A survey of sources and quantities of mercury discharged to or deposited into the State's environment. This survey shall include both in-state and out-of-state sources and estimates of relative contribution;

(3) Methods for minimizing the risk of further contamination and risk of mercury-related health problems and the potential costs of reducing these risks;

(4) The effectiveness of established programs for in-state collection, transportation, and recycling of mercury from waste mercury-added products and recommendations for making the programs more effective; and

(5) Further coordination needed with other states to effectively address mercury issues.

§ -10 Enforcement. A person, manufacturer, or retailer who violates this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 for each product in violation of this chapter."

SECTION 2. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	701
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII