(410 ILCS 46/5)
Sec. 5. Findings.
(a) The General Assembly finds:
(1) that human exposure to mercury can result in |
| adverse health effects, and mercury pollutants have been linked to nervous system, kidney, and liver damage and impaired childhood development; | |
(2) that mercury fever thermometers are easily |
| broken, creating a potential risk of dangerous exposure to mercury vapor in indoor air and risking mercury contamination of the environment; | |
(3) that accidental mercury spills and thermometer |
| breakages have proven costly to clean up; | |
(4) that according to the Mercury Study Report, |
| prepared by the U.S. Environmental Protection Agency and submitted to the U.S. Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year; | |
(5) that according to the U.S. Environmental |
| Protection Agency, the quantity of mercury in one mercury fever thermometer, approximately one gram, is enough to contaminate all fish in a lake with a surface area of 20 acres; | |
(6) that accurate and safe alternatives to mercury |
| thermometers are readily available and comparable in cost; and | |
(7) that many national pharmacy and retail chains |
| have discontinued the sale of mercury thermometers to consumers. | |
(b) It is the purpose of this Act to prohibit the sale, distribution, or promotional gifts of mercury fever thermometers in this State.
(Source: P.A. 93‑165, eff. 1‑1‑04.) |
(410 ILCS 46/27)
Sec. 27.
Sale and distribution of certain mercury‑added products prohibited.
(a) On and after July 1, 2008, no person shall sell, offer to sell, or distribute the following mercury‑added products in this State:
(1) barometers;
(2) esophageal dilators, bougie tubes, or
|
(3) flow meters;
(4) hydrometers;
(5) hygrometers;
(6) manometers;
(7) pyrometers;
(8) sphygmomanometers;
(9) thermometers; or
(10) psychrometers.
(b) This Section does not apply to the sale of a mercury‑added product listed in paragraphs (1) through (10) of subsection (a) if use of the product is a federal requirement or if the only mercury‑added component in the product is a button cell battery.
(c) This Section does not apply to the sale of a mercury‑added product listed in paragraphs (1) through (10) of subsection (a) for which an exemption is obtained under this subsection (c). The manufacturer of the product may apply for an exemption for one or more uses of the product by filing a written petition with the Agency. The Agency may grant an exemption, with or without conditions, if the manufacturer demonstrates the following:
(1) a system exists for the proper collection, |
| transportation, and processing of the product at the end of its useful life; and | |
(2) one of the following applies:
(i) use of the product provides a net benefit to |
| the environment, public health, or public safety when compared to available nonmercury alternatives; or | |
(ii) technically feasible nonmercury alternatives |
| are not available at comparable cost. | |
Prior to approving an exemption, the Agency may consult with other states to promote consistency in the regulation of the product for which the exemption is requested. The Agency may also publish notice of its receipt of petitions for exemptions on its website and consider public comments submitted in response to the petitions. Exemptions shall be granted for a term of 5 years and may be renewed for additional 5‑year terms upon written application by the manufacturer if the manufacturer demonstrates that the criteria of this subsection (c) and the conditions of the product's original exemption approval continue to be met. All petitions for exemptions and exemption renewals shall be submitted on forms prescribed by the Agency.
(Source: P.A. 95‑87, eff. 8‑13‑07.) |
(410 ILCS 46/5)
Sec. 5. Findings.
(a) The General Assembly finds:
(1) that human exposure to mercury can result in |
| adverse health effects, and mercury pollutants have been linked to nervous system, kidney, and liver damage and impaired childhood development; | |
(2) that mercury fever thermometers are easily |
| broken, creating a potential risk of dangerous exposure to mercury vapor in indoor air and risking mercury contamination of the environment; | |
(3) that accidental mercury spills and thermometer |
| breakages have proven costly to clean up; | |
(4) that according to the Mercury Study Report, |
| prepared by the U.S. Environmental Protection Agency and submitted to the U.S. Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year; | |
(5) that according to the U.S. Environmental |
| Protection Agency, the quantity of mercury in one mercury fever thermometer, approximately one gram, is enough to contaminate all fish in a lake with a surface area of 20 acres; | |
(6) that accurate and safe alternatives to mercury |
| thermometers are readily available and comparable in cost; and | |
(7) that many national pharmacy and retail chains |
| have discontinued the sale of mercury thermometers to consumers. | |
(b) It is the purpose of this Act to prohibit the sale, distribution, or promotional gifts of mercury fever thermometers in this State.
(Source: P.A. 93‑165, eff. 1‑1‑04.) |
(410 ILCS 46/27)
Sec. 27.
Sale and distribution of certain mercury‑added products prohibited.
(a) On and after July 1, 2008, no person shall sell, offer to sell, or distribute the following mercury‑added products in this State:
(1) barometers;
(2) esophageal dilators, bougie tubes, or
|
(3) flow meters;
(4) hydrometers;
(5) hygrometers;
(6) manometers;
(7) pyrometers;
(8) sphygmomanometers;
(9) thermometers; or
(10) psychrometers.
(b) This Section does not apply to the sale of a mercury‑added product listed in paragraphs (1) through (10) of subsection (a) if use of the product is a federal requirement or if the only mercury‑added component in the product is a button cell battery.
(c) This Section does not apply to the sale of a mercury‑added product listed in paragraphs (1) through (10) of subsection (a) for which an exemption is obtained under this subsection (c). The manufacturer of the product may apply for an exemption for one or more uses of the product by filing a written petition with the Agency. The Agency may grant an exemption, with or without conditions, if the manufacturer demonstrates the following:
(1) a system exists for the proper collection, |
| transportation, and processing of the product at the end of its useful life; and | |
(2) one of the following applies:
(i) use of the product provides a net benefit to |
| the environment, public health, or public safety when compared to available nonmercury alternatives; or | |
(ii) technically feasible nonmercury alternatives |
| are not available at comparable cost. | |
Prior to approving an exemption, the Agency may consult with other states to promote consistency in the regulation of the product for which the exemption is requested. The Agency may also publish notice of its receipt of petitions for exemptions on its website and consider public comments submitted in response to the petitions. Exemptions shall be granted for a term of 5 years and may be renewed for additional 5‑year terms upon written application by the manufacturer if the manufacturer demonstrates that the criteria of this subsection (c) and the conditions of the product's original exemption approval continue to be met. All petitions for exemptions and exemption renewals shall be submitted on forms prescribed by the Agency.
(Source: P.A. 95‑87, eff. 8‑13‑07.) |