Section 2, subdivision 3, provides that motor vehicle electric switches, fluorescent or high-intensity discharge lamps, laboratory chemicals, reagents, fixatives, and electrodes may not be sold without a label if they contain mercury. Specifies labeling requirements.

Section 3, subdivision 7a, requires that any information regarding fluorescent and high-intensity discharge lamps containing mercury that is sent by a utility to a customer, present on a utility Web site, or in a utility advertisement must contain specified information.

Section 4, subdivision 8b, bans the sale, offer for sale, distribution, installation, or reinstallation of a sphygmomanometer containing mercury after August 1, 2007.

Section 5, subdivision 8c, bans the sale, offer for sale, distribution, or use of an esophageal dilator, bougie tube, gastrointestinal tube, feeding tube, or similar device containing mercury after August 1, 2007.

Section 6, subdivision 8d, bans the sale, offer for sale, distribution, installation, or reinstallation of a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment after August 1, 2007. This subdivision does not apply to a thermostat that is used to sense and control temperature as part of a manufacturing process.

Section 7, subdivision 8e, bans the sale, offer for sale, or distribution of a mercury switch or mercury relay after August 1, 2007. Defines "mercury relay" and "mercury switch" for purposes of this subdivision. Provides that a manufacturer is in compliance with the subdivision if it has received an exclusion or exemption from a state that is a member of the Interstate Mercury Education and Reduction Clearinghouse for replacement parts or for a use where no feasible alternative is available, it submits a copy of the approved exclusion or exemption to the Commissioner, and it meets all of the requirements in the approved exclusion or exemption for its activities within that state.

Section 8, subdivision 8f, bans the sale, offer for sale, or distribution of a new gas oven, range, or stove containing a mercury-containing switch that controls a gas valve in an oven or oven portion of a gas range or stove after January 1, 2008.

Section 9, subdivision 8g, bans the sale, offer for sale, or distribution of a mercury-containing device used for measuring atmospheric pressure or for measuring pressure of liquids and gases or a mercury-containing device used for measuring the temperature of extremely hot materials after January 1, 2008.

Section 10, subdivision 8h, bans the sale, offer for sale, or distribution of an over-the-counter pharmaceutical product containing mercury for human or animal use after January 1, 2008.

Section 11, subdivision 8i, bans the sale, offer for sale, or distribution of a cosmetic, toiletry, or fragrance product containing mercury after January 1, 2008.

Section 12, subdivision 8j, provides that the prohibitions in subdivisions 8b to 8g of the section do not apply if a switch, relay, or measuring device is a replacement component for a larger product in use prior to January 1, 2008, provided that the owner of the equipment has made every reasonable effort to determine that no compatible non-mercury replacement exists.

Section 13, subdivision 10, defines "mercury-containing" or "containing mercury" for purposes of the section.

Section 14 authorizes the agency to participate in the Interstate Mercury Education and Reduction Clearinghouse to assist in carrying out the requirements and coordinating activities related to the administration of the statutes governing the purchase, sale, use, labeling, disposal, and management of mercury and mercury-containing products.

Section 15, subdivision 2, provides that a person may not operate a lamp recycling facility without first obtaining a permit or license, which requires the completion of an annual report on the number and type of lamps received from businesses and households in the state and the total number of lamps received from all generators outside of the state.

Section 16 provides that after December 31, 2007, a school shall not purchase or use elemental mercury for any purpose or purchase or use an instrument of measurement that contains mercury. Provides that after December 31, 2009, a school shall not store elemental mercury for any purpose or store an instrument of measurement that contains mercury. This section does not apply to thermostats for heating, ventilation, or air conditioning in a school.

DWS:cs

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