Mercury-Added Product Manufacturer Requirements

10 V.S.A. Chapter 164 Comprehensive Mercury Management contains the following provisions relating to mercury-added products. These requirements must be met in order for manufactuers to sell mercury-added products in the State of Vermont.

1. Labeling
2. Notification
3. Restrictions and bans on the sale of certain mercury-added products
4. Mercury Containing Thermostats (added to Chapter 164 in 2008)

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.

(C) In the case of a multi-component mercury-added product, the manufactuer is the last manufacturer to produce or assemble the product.

(D) In the case of mercury-containing thermostats, the manufacturer is the original equipment manufacturer.

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 on all products covered under the law and provide updates to this plan when there are any changes in product, labeing (including placement or language changes), company information, or contact information.

There were additional labeling provisions enacted under 2005 legislation that extended labeling requirements to products that were not included under the original 1998 law such as formulated mercury-added products.

Any 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 cannot be sold into the State of Vermont without approved labeling.

How to comply with Labeling Requirements

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
Waste Management and Prevention Division

1 National Life Drive, Davis 1

Montpelier, VT 05620

Karen Knaebel: 802-522-5736

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