§ 27-2107. Prohibitions. 1. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state any mercury-added novelty consumer product. A manufacturer that produces or sells mercury-added novelty consumer products shall notify retailers that sell mercury-added novelty consumer products about such product ban and inform such retailers of how to properly dispose of the remaining inventory. 2. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge mercury fever thermometers or mercury body thermometers except by prescription written by a physician. A manufacturer of such thermometers shall provide the buyer or the recipient with notice of mercury content, instructions on proper disposal and instructions that clearly describe how to carefully handle the thermometer to avoid breakage and on proper cleanup should a breakage occur. 3. On or after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state elemental mercury, other than within a mercury-added consumer product, without requiring the final purchaser or recipient to sign a statement that the purchaser will use the mercury only for medical, pre-encapsulated dental amalgam, research, or manufacturing purposes. 4. On or after September fourth, two thousand four, no primary or secondary school in New York state may use or purchase elemental mercury. Mercury-added consumer products which are not otherwise prohibited by this title that are used by schools are not subject to this prohibition. 5. On or after January first, two thousand six, no person shall sell, offer for sale or distribute the following mercury-added consumer products: (a) mercury barometers; (b) mercury esophageal dilators, mercury bougie tubes or mercury gastrointestinal tubes; (c) mercury flow meters; (d) mercury hygrometers or mercury psychrometers; and (e) mercury pyrometers; The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand six, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand five. 6. On or after January first, two thousand seven, no person shall sell, offer for sale or distribute any mercury hydrometer or mercury manometer. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand seven, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand six. 7. On or after January first, two thousand eight, no person shall sell, offer for sale or distribute any mercury switch or mercury relay individually or as a product component. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a largerproduct in use prior to January first, two thousand eight, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand seven. 8. On or after January first, two thousand eight, but no later than February twentieth, two thousand eight, and thereafter upon written request, but not more than once a year, the commissioner shall issue a written finding as to whether non-mercury alternatives are comparable in price to, are as effective in performance as, and are as accurate and precise as mercury sphygmomanometers, mercury wetted reed relays, mercury flame sensors, mercury thermometers other than thermometers prohibited from sale pursuant to subdivision two of this section, or mercury thermostats, except for mercury thermostats used by a blind or visually impaired person. Upon making an affirmative finding that a non-mercury alternative is comparable in price to, is as effective in performance as, and is as accurate and precise as any mercury-added consumer product delineated in this subdivision, no person shall sell, offer for sale or distribute such mercury-added consumer product for which the commissioner has made such an affirmative finding. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision for which the commissioner has made such an affirmative finding, if such product is used to replace a product that is a component in a larger product in use prior to the issuance of such affirmative finding or the resale of any mercury-added consumer product delineated in this subdivision, for which the commissioner has made such an affirmative finding, manufactured prior to the issuance of such affirmative finding. 9. The provisions of subdivisions five, six, seven and eight of this section shall not apply to the sale or distribution of any mercury-added consumer product delineated in those subdivisions if the use of such product is a federal requirement. The department shall develop informational materials on the dangers of mercury-added consumer products, specifically thermometers and barometers, and disseminate such materials to antique dealers and resale establishments.
§ 27-2107. Prohibitions. 1. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state any mercury-added novelty consumer product. A manufacturer that produces or sells mercury-added novelty consumer products shall notify retailers that sell mercury-added novelty consumer products about such product ban and inform such retailers of how to properly dispose of the remaining inventory. 2. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge mercury fever thermometers or mercury body thermometers except by prescription written by a physician. A manufacturer of such thermometers shall provide the buyer or the recipient with notice of mercury content, instructions on proper disposal and instructions that clearly describe how to carefully handle the thermometer to avoid breakage and on proper cleanup should a breakage occur. 3. On or after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state elemental mercury, other than within a mercury-added consumer product, without requiring the final purchaser or recipient to sign a statement that the purchaser will use the mercury only for medical, pre-encapsulated dental amalgam, research, or manufacturing purposes. 4. On or after September fourth, two thousand four, no primary or secondary school in New York state may use or purchase elemental mercury. Mercury-added consumer products which are not otherwise prohibited by this title that are used by schools are not subject to this prohibition. 5. On or after January first, two thousand six, no person shall sell, offer for sale or distribute the following mercury-added consumer products: (a) mercury barometers; (b) mercury esophageal dilators, mercury bougie tubes or mercury gastrointestinal tubes; (c) mercury flow meters; (d) mercury hygrometers or mercury psychrometers; and (e) mercury pyrometers; The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand six, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand five. 6. On or after January first, two thousand seven, no person shall sell, offer for sale or distribute any mercury hydrometer or mercury manometer. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand seven, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand six. 7. On or after January first, two thousand eight, no person shall sell, offer for sale or distribute any mercury switch or mercury relay individually or as a product component. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a largerproduct in use prior to January first, two thousand eight, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand seven. 8. On or after January first, two thousand eight, but no later than February twentieth, two thousand eight, and thereafter upon written request, but not more than once a year, the commissioner shall issue a written finding as to whether non-mercury alternatives are comparable in price to, are as effective in performance as, and are as accurate and precise as mercury sphygmomanometers, mercury wetted reed relays, mercury flame sensors, mercury thermometers other than thermometers prohibited from sale pursuant to subdivision two of this section, or mercury thermostats, except for mercury thermostats used by a blind or visually impaired person. Upon making an affirmative finding that a non-mercury alternative is comparable in price to, is as effective in performance as, and is as accurate and precise as any mercury-added consumer product delineated in this subdivision, no person shall sell, offer for sale or distribute such mercury-added consumer product for which the commissioner has made such an affirmative finding. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision for which the commissioner has made such an affirmative finding, if such product is used to replace a product that is a component in a larger product in use prior to the issuance of such affirmative finding or the resale of any mercury-added consumer product delineated in this subdivision, for which the commissioner has made such an affirmative finding, manufactured prior to the issuance of such affirmative finding. 9. The provisions of subdivisions five, six, seven and eight of this section shall not apply to the sale or distribution of any mercury-added consumer product delineated in those subdivisions if the use of such product is a federal requirement. The department shall develop informational materials on the dangers of mercury-added consumer products, specifically thermometers and barometers, and disseminate such materials to antique dealers and resale establishments.
§ 27-2107. Prohibitions. 1. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state any mercury-added novelty consumer product. A manufacturer that produces or sells mercury-added novelty consumer products shall notify retailers that sell mercury-added novelty consumer products about such product ban and inform such retailers of how to properly dispose of the remaining inventory. 2. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge mercury fever thermometers or mercury body thermometers except by prescription written by a physician. A manufacturer of such thermometers shall provide the buyer or the recipient with notice of mercury content, instructions on proper disposal and instructions that clearly describe how to carefully handle the thermometer to avoid breakage and on proper cleanup should a breakage occur. 3. On or after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state elemental mercury, other than within a mercury-added consumer product, without requiring the final purchaser or recipient to sign a statement that the purchaser will use the mercury only for medical, pre-encapsulated dental amalgam, research, or manufacturing purposes. 4. On or after September fourth, two thousand four, no primary or secondary school in New York state may use or purchase elemental mercury. Mercury-added consumer products which are not otherwise prohibited by this title that are used by schools are not subject to this prohibition. 5. On or after January first, two thousand six, no person shall sell, offer for sale or distribute the following mercury-added consumer products: (a) mercury barometers; (b) mercury esophageal dilators, mercury bougie tubes or mercury gastrointestinal tubes; (c) mercury flow meters; (d) mercury hygrometers or mercury psychrometers; and (e) mercury pyrometers; The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand six, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand five. 6. On or after January first, two thousand seven, no person shall sell, offer for sale or distribute any mercury hydrometer or mercury manometer. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a larger product in use prior to January first, two thousand seven, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand six. 7. On or after January first, two thousand eight, no person shall sell, offer for sale or distribute any mercury switch or mercury relay individually or as a product component. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision if such product is used to replace a product that is a component in a largerproduct in use prior to January first, two thousand eight, or the resale of any mercury-added consumer product delineated in this subdivision manufactured before December thirty-first, two thousand seven. 8. On or after January first, two thousand eight, but no later than February twentieth, two thousand eight, and thereafter upon written request, but not more than once a year, the commissioner shall issue a written finding as to whether non-mercury alternatives are comparable in price to, are as effective in performance as, and are as accurate and precise as mercury sphygmomanometers, mercury wetted reed relays, mercury flame sensors, mercury thermometers other than thermometers prohibited from sale pursuant to subdivision two of this section, or mercury thermostats, except for mercury thermostats used by a blind or visually impaired person. Upon making an affirmative finding that a non-mercury alternative is comparable in price to, is as effective in performance as, and is as accurate and precise as any mercury-added consumer product delineated in this subdivision, no person shall sell, offer for sale or distribute such mercury-added consumer product for which the commissioner has made such an affirmative finding. The provisions of this subdivision shall not apply to the sale or distribution of any mercury-added consumer product delineated in this subdivision for which the commissioner has made such an affirmative finding, if such product is used to replace a product that is a component in a larger product in use prior to the issuance of such affirmative finding or the resale of any mercury-added consumer product delineated in this subdivision, for which the commissioner has made such an affirmative finding, manufactured prior to the issuance of such affirmative finding. 9. The provisions of subdivisions five, six, seven and eight of this section shall not apply to the sale or distribution of any mercury-added consumer product delineated in those subdivisions if the use of such product is a federal requirement. The department shall develop informational materials on the dangers of mercury-added consumer products, specifically thermometers and barometers, and disseminate such materials to antique dealers and resale establishments.
