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This entry was published on 2014-09-22
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SECTION 27-2103
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 21
§ 27-2103. Labeling.

1. Mercury-added consumer products sold or offered for sale in this
state by a distributor or retailer shall be labeled by the manufacturer
thereof in accordance with the provisions of this section.

2. Unless alternative labeling is approved by the commissioner
pursuant to subdivision four of this section, the labeling of
mercury-added consumer products shall:

(a) clearly and conspicuously inform the consumer that mercury is
present in such product and that such product shall not be disposed of
or placed in a waste stream destined for disposal in mixed municipal
solid waste until the mercury is removed and reused, recycled or
otherwise managed to ensure that the mercury does not become part of
solid waste or contaminate wastewater;

(b) be conspicuous to the consumer prior to the purchase, and during
the installation and removal of such product;

(c) be affixed to the product and be composed of a material
sufficiently durable to remain legible and so affixed for the useful
life of the product; and

(d) be printed and affixed to the product by the manufacturer thereof.

3. Automobile manufacturers shall be deemed to meet the labeling
requirements of this section, with respect to either original equipment
or service parts, if new automobiles bear a label on the doorpost that
lists the mercury-added components that may be present in such vehicle.
Such label shall, to the largest extent possible, be consistent with
labeling provisions of other states. An automobile manufacturer may
apply to the commissioner for approval of an alternative to the labeling
requirement that would be at least as effective in providing presale
notification of mercury content.

4. (a) The commissioner may promulgate rules and/or regulations
specifying labeling requirements, provided, however, that any such rules
and/or regulations shall allow for the use of labels adopted by other
states that meet the requirements of subdivision two of this section.

(b) The commissioner shall promulgate rules and/or regulations to
authorize alternative labeling, including package labeling, for
mercury-added consumer products as defined in this title under the
following conditions:

(i) a manufacturer must submit a written request for alternative
labeling documenting that a product or class of products cannot
reasonably be labeled to comply with specific requirements of this
title; and

(ii) all authorizations for alternative labeling granted under this
subdivision shall be valid for four years and may be renewed.