SECTIONS 25214.8.1-25214.8.6

25214.8.1.  (a) The Legislature finds and declares all of thefollowing: (1) Once mercury is released into the environment it can change tomethyl mercury, a highly toxic compound. Methyl mercury is easilytaken up in living tissue and bioaccumulates over time, causingserious health effects, including neurological and reproductivedisorders in humans and wildlife. Since mercury does not break downin the environment, it has become a significant health threat tohumans and wildlife. (2) Due to the bioaccumulation of mercury and other contaminantsin fish, the California Environmental Protection Agency has issued awarning advising that adults and women who are pregnant or who maybecome pregnant should limit their fish intake from several statewaterways. (3) Increasingly stringent mercury discharge limits for wastewatertreatment plants make the identification and elimination ofunnecessary sources of mercury a critical task, because the cost ofmercury removal at a wastewater treatment plant is far greater thanthe societal benefits of continuing use of mercury-containingproducts, as currently formulated. (4) Thermostats and other switches and relays are among thelargest remaining sources of mercury in consumer products that can belegally sold in California. (5) Most thermostats contain 3,000 milligrams of mercury and havea 35-year lifespan. (6) Many other mercury-containing switches hold up to 4 grams ofmercury, and mercury-containing relays hold as much as 153 grams. (7) Esophageal dilators contain as much as two pounds of mercury. (8) Mercury thermostats, switches, relays, measuring devices,esophageal dilators, and gastrointestinal tubes are hazardous wastewhen discarded, and on and after January 1, 2006, all mercurythermostat, switch, relay, measuring device, esophageal dilator, andgastrointestinal tube wastes will be prohibited from disposal in asolid waste landfill under the regulations adopted pursuant to thischapter. (9) Economical alternatives to mercury thermostats, relays,switches, measuring devices, esophageal dilators, andgastrointestinal tubes are available for commercial and, whenapplicable, residential applications. (b) For purposes of this article the following definitions shallapply: (1) "Mercury-added product" means any product or device thatcontains mercury. (2) "Mercury-added thermostat" means a product or device that usesa mercury switch to sense and control room temperature throughcommunication with heating, ventilating, or air-conditioningequipment. A mercury-added thermostat includes thermostats used tosense and control room temperature in residential, commercial,industrial, and other buildings but does not include a thermostatused to sense and control temperature as part of a manufacturingprocess. (3)  "Mercury relay" means a mercury-added product or device thatopens or closes electrical contacts to effect the operation of otherdevices in the same or another electrical circuit. "Mercury relay"includes, but is not limited to, mercury displacement relays, mercurywetted reed relays, and mercury contact relays. (4) "Mercury switch" means a mercury-added product or device thatopens or closes an electrical circuit or gas valve. (A) A mercury switch includes, but is not limited to, mercuryfloat switches actuated by rising or falling liquid levels, mercurytilt switches actuated by a change in the switch position, mercurypressure switches actuated by a change in pressure, mercurytemperature switches actuated by a change in temperature, and mercuryflame sensors. (B) A mercury switch does not include a mercury-added thermostator a mercury diostat. (C) "Mercury diostat" means a mercury switch that controls a gasvalve in an oven or oven portion of a gas range.25214.8.2.  On and after January 1, 2006, a person shall not sell,offer to sell, or distribute for promotional purposes in this state,a mercury-added thermostat, unless the mercury-added thermostat meetseither of the following criteria: (a) The thermostat will be used for manufacturing or industrialpurposes. (b) The thermostat will be used by a blind or visually impairedperson.25214.8.3.  (a) Except as provided in subdivision (b), on or afterJuly 1, 2006, a person shall not sell, offer to sell, or distributefor promotional purposes in this state, any of the following new orrefurbished mercury-added products: (1) A barometer. (2) An esophageal dilator, bougie tube, or gastrointestinal tube. (3) A flow meter. (4) A hydrometer. (5) A hydrometer or psychometer. (6) A manometer. (7) A pyrometer. (8) A sphygmanometer. (9) A thermometer. (b) Subdivision (a) does not apply to the sale of a mercury-addedproduct if the use of the product is required under a federal law orfederal contract specification or if the only mercury-added componentin the product is a button cell battery.25214.8.4.  (a) Except as provided in subdivisions (b) to (e),inclusive, and Section 25214.8.5, on or after July 1, 2006, a personshall not sell, offer to sell, or distribute for promotional purposesin this state, a new or refurbished mercury switch or mercury relayindividually or as a product component. (b) Subdivision (a) does not apply if the switch or relay is usedto replace a switch or relay that is a component in a larger productin use prior to July 1, 2006, and one of the following applies: (1) The larger product is used in manufacturing. (2) The switch or relay is integrated in and not physicallyseparate from other components of the larger product. (c) Subdivision (a) does not apply to the sale of a mercury switchor mercury relay if use of the switch or relay is required underfederal law or federal contract specification. (d) Subdivision (a) does not apply to a mercury switch or amercury relay that contains less than 1 milligram of mercury, if themanufacturer of the mercury switch or relay has notified thedepartment of its plans to operate under an exemption pursuant tothis subdivision. The notification shall be resubmitted to thedepartment every three years. The initial and subsequentnotifications shall be signed and dated, and shall include all of thefollowing: (1) The name of the manufacturer and the name, position, andcontact information for the person who is the manufacturer's contactperson on all matters concerning the exemption. (2) An identification and description of the mercury switch ormercury relay to which the exemption applies. (3) A statement that the manufacturer certifies all of thefollowing: (A) The mercury switch or relay is hermetically sealed by themanufacturer. (B) The mercury switch or relay is intended for industrial use intest and measurement instruments or in systems for monitoring andcontrol applications. (C) There is no substantially equivalent nonmercury alternativetechnology for the intended use of the switch or relay, consideringall aspects of electrical performance, size, power consumption,product life, and cost. (D) (1) The manufacturer, individually, or in conjunction with anindustry or trade group, has developed and implemented an ongoingprogram for the proper end-of-life collection, transportation, andmanagement of exempted mercury switches or relays sold in this state,including the removal of the mercury switch or mercury relay fromthe product in which it is contained. (2) The program includes a consumer information component toensure that users of the mercury switch or relay, and the productsthat contain the mercury switches or relays, are aware of availablecollection opportunities and legal requirements for management of themercury switch or relay, once the switch or relay or the productbecomes a waste. (E) The manufacturer recognizes that the exemption provided bythis subdivision becomes null and void if and when either of thefollowing occurs: (i) The manufacturer fails to submit a new exemption notification,meeting the requirements of this subdivision, within three yearsfollowing submission of the prior exemption notification. (ii) Any of the conditions set forth in subparagraphs (A) to (D),inclusive, are no longer satisfied. (e) Subdivision (a) does not apply to the resale of a refurbishedimaging and therapy system utilized for medical diagnostic purposesthat includes a mercury switch or relay if the manufacturer of theimaging and therapy system has notified the department of its plansto operate under an exemption pursuant to this subdivision. Thenotification shall be signed and dated, and shall include all of thefollowing: (1) The name of the manufacturer and the name, position, andcontact information for the person who is the manufacturer's contactperson on all matters concerning the exemption. (2) An identification and description of the imaging and therapysystem to which the exemption applies. (3) A statement that the manufacturer certifies all of thefollowing: (A) The mercury switch or relay is integrated in, and notphysically separate from, other components of the larger product. (B) The larger product was initially manufactured prior to July 1,2006. (C) (1) The manufacturer, individually, or in conjunction with anindustry or trade group, has developed and implemented an ongoingprogram for the proper end-of-life collection, transportation, andmanagement of mercury switches or relays contained in exemptedimaging and therapy systems sold in this state, including the removalof the mercury switch or mercury relay from the product in which itis contained. (2) The program includes a consumer information component toensure that users of the products that contain the mercury switchesor relays are aware of available collection opportunities and legalrequirements for management of the mercury switch or relay, and theproducts that contain the mercury switches or relays, once the switchor relay or the product becomes a waste. (D) The manufacturer recognizes that the exemption provided bythis subdivision becomes null and void if and when any of theconditions set forth in subparagraphs (A) and (B) are no longersatisfied.25214.8.5.  (a) A product containing a mercury switch or a mercuryrelay is exempt from subdivision (a) of Section 25214.8.4, if themanufacturer of the product, or a trade group representing themanufacture, has obtained an exemption, pursuant to the processdescribed in subdivision (b), for the product. An exemption grantedunder subdivision (b) may apply to all or only to limited uses of theproduct. An exemption granted under subdivision (b) also applies tothe sale to the product manufacturer of the mercury switch or relayto be contained in the product covered by the exemption. (b) The department shall grant, or renew, an exemption fromsubdivision (a) of Section 25214.8.4 for a period of three years onlyif all of the following conditions are met: (1) The manufacturer of the product, or a trade group representingthe manufacturer, submits a request for an initial or renewedexemption to the department that specifies the use or uses of theproduct for which an exemption is requested along with supportinginformation that complies with the requirements set forth insubdivision (c). A manufacturer or trade group may submit a requestonly for a product and use for which there is no technical feasiblealternative, available at a reasonable cost, to the use of themercury switch or mercury relay in the product for purposes of thatuse. (2) The supporting information submitted by the manufacturer ortrade group demonstrates that the product is eligible for theexemption. (3) The manufacturer or trade group requesting the exemptionenters into a cost reimbursement agreement with the department,pursuant to subdivision (d), and complies with the terms of thatagreement. (c) The supporting information that a manufacturer or trade groupsubmits to the department, before the department may grant anexemption pursuant to subdivision (b), shall include all of thefollowing: (1) The name of the manufacturer, or the trade group and themanufacturers represented by the trade group, requesting theexemption and the name, position, and contact information for theperson who is the manufacturer's or trade group's contact person onall matters concerning the exemption. (2) An identification and description of the product, and the useor uses of the product, for which the exemption is requested. (3) An identification and description of the mercury switch ormercury relay, including identification of the manufacturer of theswitch or relay, and an explanation of the need for, and functioningof, the mercury switch or mercury relay in the product. (4) For each use for which an exemption is requested, informationthat fully and clearly demonstrates that there is no technicallyfeasible alternative, available at a reasonable cost, to the use ofthe mercury switch or mercury relay in the product for purposes ofthat use. This shall include, but is not limited to, a description ofpast, current, and planned future efforts to seek or develop thosealternatives, and a description of all alternatives that have beenconsidered and an explanation of the technical or economic reasons asto why each alternative is not satisfactory. (5) Information that fully and clearly demonstrates that theswitch or relay or the product is constructed so as to prevent therelease of mercury to the environment. (6) A feasible, effective, detailed and complete plan for theproper collection, transportation, and management of the product atthe end of its useful life, including removal and proper managementof the mercury switch or mercury relay contained in the product, andinformation fully and clearly demonstrating that the manufacturer,individually, or in conjunction with an industry or trade group, iscommitted to and capable of implementing the plan. The plan shallinclude an education and outreach component to ensure that users ofthe product are aware of available collection opportunities and legalrequirements for management of the product once it becomes a waste.An exemption granted pursuant to subdivision (b) shall become nulland void if the manufacturer, individually, or in conjunction with anindustry or trade group, has not implemented the plan submitted insupport of the exemption request within six months of the effectivedate of the exemption. (7) A copy of all similar exemption requests, including supportingdocumentation, submitted by the applicant to another state, and acopy of that state's response to the exemption request. (d) A manufacturer or trade group that requests an exemption, oran exemption renewal, pursuant to subdivision (b) shall enter into awritten agreement with the department pursuant to the procedures setfourth in Article 9.2 (commencing with Section 25206.1), forreimbursement of all costs incurred by the department in processingand responding to the request. (e) Trade secrets, as defined in Section 25173, that areidentified at the time of submission by a manufacturer or tradegroup, shall be treated as confidential as required by departmentprocedures established pursuant to Section 25173. Any informationthat is not a trade secret, as defined in Section 25173, or that hasnot been identified by the manufacturer as a trade secret, shall bemade available to the public upon request pursuant to the CaliforniaPublic Records Act (Chapter 3.5 (commencing with Section 6250) ofDivision 7 of Title 1 of the Government Code). (f) (1) The department shall grant or deny an exemption requestedpursuant to subdivision (b) no later than 180 calendar days afterreceiving the exemption request and all information determined by thedepartment to be necessary to determine if all of the conditionsspecified in subdivision (b) are met. (2) An exemption shall not be deemed to be granted if thedepartment fails to grant or deny the exemption request within thetime limit specified in paragraph (1) (3) Nothing in this subdivision shall preclude the applicant andthe department from mutually agreeing to an extension of the timelimit specified in paragraph (1).25214.8.6.  On or after January 1, 2008, a person shall not sell,offer to sell, or distribute for promotional purposes in this state,a mercury diostat or a new or refurbished oven or gas rangecontaining a mercury diostat.