S T A T E O F N E W Y O R K
________________________________________________________________________
6388
2011-2012 Regular Sessions
I N A S S E M B L Y
March 16, 2011
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Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
banning the use or sale of certain mercury products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 4 to read as follows:
TITLE 4
BAN OF THE USE AND SALE OF CERTAIN PRODUCTS
CONTAINING MERCURY
SECTION 37-0401. LEGISLATIVE INTENT.
37-0403. DEFINITIONS.
37-0405. BAN OF THE USE OF MERCURY GAUGES OR MANOMETERS.
37-0407. SALE OF MERCURY FEVER THERMOMETERS PROHIBITED.
37-0409. SEVERABILITY.
S 37-0401. LEGISLATIVE INTENT.
THE INTENT OF THIS TITLE IS TO ADDRESS THE SERIOUS HEALTH RISKS POSED
TO STATE RESIDENTS BY THE USE OF MERCURY GAUGES OR MANOMETERS FOR THE
TESTING OF GAS PRESSURE AND BY THE USE OF MERCURY FEVER THERMOMETERS.
GIVEN THE FRAGILITY OF THESE DEVICES, MERCURY SPILLS CAN EASILY OCCUR,
EXPOSING RESIDENTS TO THE HARMFUL EFFECTS OF MERCURY.
ALTHOUGH ELEMENTAL MERCURY, A SILVERY-WHITE METAL, WHICH IS LIQUID AT
ROOM TEMPERATURE, IS NOT EASILY ABSORBED BY THE SKIN, SPILLED MERCURY
CAN BE EASILY VAPORIZED AND INHALED, CAUSING A RANGE OF EFFECTS, FROM
TREMORS AND NAUSEA AT LOW LEVELS OF EXPOSURE TO IRREVERSIBLE BRAIN AND
KIDNEY DAMAGE AT HIGH LEVELS. THE AMOUNT OF MERCURY FOUND IN ONE COMMER-
CIALLY AVAILABLE MANOMETER IS ABOUT EIGHTY-EIGHT GRAMS, OR APPROXIMATELY
THREE OUNCES, AND THE AMOUNT OF MERCURY FOUND IN ONE MERCURY FEVER THER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10089-01-1
A. 6388 2
MOMETER IS ABOUT SEVEN-TENTHS GRAMS, OR JUST UNDER ONE GRAM, AMOUNTS
SUFFICIENT TO OVEREXPOSE PEOPLE TO THIS DEADLY TOXIN. THIS TOXIN IS
ESPECIALLY DANGEROUS TO CHILDREN AND PREGNANT WOMEN, BECAUSE EVEN SMALL
AMOUNTS OF MERCURY CAN CAUSE SERIOUS DEVELOPMENTAL PROBLEMS.
ADDITIONALLY, MERCURY, A BIOACCUMULATIVE TOXIC COMPOUND RECOGNIZED AS
A GLOBAL POLLUTANT, ACCUMULATES IN THE FOOD CHAIN, SO THAT A VERY SMALL
AMOUNT OF MERCURY IN A LAKE CAN LEAD TO DANGEROUS LEVELS OF MERCURY IN
FISH. JUST ONE GRAM OF MERCURY, THE AMOUNT FOUND IN ONE MERCURY THERMOM-
ETER, IS ENOUGH TO CONTAMINATE ALL OF THE FISH IN A LAKE WITH A SURFACE
AREA OF TWENTY ACRES. PEOPLE WHO CONSUME LARGE AMOUNTS OF FISH ARE AT
RISK OF ADVERSE EFFECTS OF MERCURY ON THE NERVOUS SYSTEM. BECAUSE THE
DEVELOPING NERVOUS SYSTEM IS VULNERABLE TO MERCURY TOXICITY, FETUSES
EXPOSED TO MERCURY THROUGH THEIR MOTHER'S CONSUMPTION OF FISH ARE
PARTICULARLY AT RISK OF ADVERSE EFFECTS.
GIVEN THE SERIOUS DANGER POSED BY MERCURY GAUGES OR MANOMETERS AND
MERCURY FEVER THERMOMETERS TO STATE RESIDENTS, THEIR PROPERTY, AND TO
THE ENVIRONMENT, THIS TITLE BANS THE USE BY ANY PERSON OF MERCURY GAUGES
OR MANOMETERS FOR THE TESTING OF GAS PRESSURE AND FURTHER BANS THE SALE
BY ANY PERSON OF MERCURY FEVER THERMOMETERS.
S 37-0403. DEFINITIONS.
FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
1. "MANOMETER" OR "MERCURY GAUGE" MEANS AN INSTRUMENT CONTAINING
MERCURY AND USED TO MEASURE THE PRESSURE OF GAS.
2. "MERCURY FEVER THERMOMETER" MEANS A MERCURY-CONTAINING PRODUCT
ENCASED IN GLASS THAT IS USED TO MEASURE HUMAN OR ANIMAL BODY TEMPER-
ATURE.
3. "PERSON" SHALL MEAN ANY NATURAL PERSON, CORPORATION, UNINCORPORATED
ASSOCIATION, FIRM, PARTNERSHIP, JOINT VENTURE, JOINT STOCK ASSOCIATION,
OR OTHER ENTITY OR BUSINESS ORGANIZATION OF ANY KIND, INCLUDING ANY
MASTER PLUMBER OR JOURNEY LEVEL PLUMBER LICENSED OR CERTIFIED TO ENGAGE
IN THE BUSINESS OF PLUMBING PURSUANT TO ANY APPLICABLE LAW.
S 37-0405. BAN OF THE USE OF MERCURY GAUGES OR MANOMETERS.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE A MERCURY GAUGE OR MANOME-
TER FOR THE MEASUREMENT OR TESTING OF GAS PRESSURE IN THIS STATE, EXCEPT
WHERE THE USE OF A MERCURY GAUGE OR MANOMETER IS SPECIFICALLY REQUIRED
BY FEDERAL LAW OR REGULATION.
S 37-0407. SALE OF MERCURY FEVER THERMOMETERS PROHIBITED.
IT SHALL BE UNLAWFUL FOR ANY PERSON IN THIS STATE TO SELL OR CAUSE TO
BE SOLD ANY MERCURY FEVER THERMOMETER.
S 37-0409. SEVERABILITY.
IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR PART OF THIS TITLE SHALL BE
ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH
JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF,
BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARA-
GRAPH, SECTION, OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY AND
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
S 2. The environmental conservation law is amended by adding a new
section 71-3705 to read as follows:
S 71-3705. ENFORCEMENT OF TITLE 4 OF ARTICLE 37.
ANY PERSON WHO VIOLATES THE PROVISIONS OF TITLE 4 OF ARTICLE 37 OF
THIS CHAPTER SHALL BE SUBJECT TO THE IMPOSITION OF A CIVIL PENALTY NOT
EXCEEDING ONE HUNDRED FIFTY DOLLARS FOR EACH SINGLE VIOLATION.
S 3. This act shall take effect one year after it shall have become a
law.