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SECTION 27-2107
Prohibitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 21
§ 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 larger
product 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 twelve, no person shall
sell, offer for sale or distribute any mercury sphygmomanometer, mercury
wetted reed relay, mercury flame sensor, mercury thermometer, or mercury
thermostat, except for mercury thermostats used by a blind or visually
impaired person. 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 twelve or the resale of any mercury-added consumer
product delineated in this subdivision manufactured prior to January
first, two thousand twelve.

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.

10. The department may grant a waiver from the provisions of
subdivision eight of this section upon request by the manufacturer of a
mercury-added consumer product.

(a) An application for a waiver shall be in the form prescribed by the
department and document the basis for the requested waiver or renewal of
a waiver and describe how the manufacturer will ensure that a system
exists for the proper collection, transportation and processing of the
mercury-added consumer products at the end of their useful life.

(b) The application must include at a minimum, information that
demonstrates:

(i) there are no non-mercury alternatives that are comparable in price
to, are as effective in performance as, or are as accurate and precise
as the identified mercury-added consumer product;

(ii) the use of the mercury-added consumer product provides a net
benefit to the environment, public health, or public safety when
compared to a non-mercury alternative; or

(iii) there are other factors affecting the use of non-mercury
alternatives.

(c) The manufacturer must notify the regional multi-state
clearinghouse, as identified in section 27-2115 of this title, of its
request for a waiver pursuant to this subdivision and provide the
clearinghouse with the information required in its waiver application.

(d) The department may grant or deny, in whole or in part, a request
for a waiver. In determining whether to grant or deny a waiver or waiver
renewal, the department may consult with the clearinghouse, other
states, or regional governmental organizations to promote consistency in
the implementation of this subdivision.

(e) Waivers shall be granted for a period not to exceed two years.
Upon a request by the manufacturer, the department may renew a waiver
for a period not to exceed two years if the department finds that the
manufacturer continues to meet the requirements for a waiver, that the
manufacturer has complied with all conditions of the original waiver,
and the manufacturer demonstrates that reasonable efforts have been made
to remove mercury from the product subject to the waiver.

11. On and after January first, two thousand twenty-one, no producer
of mercury-added lamps shall sell, offer for sale, or distribute such
lamps that fail to meet mercury content standards adopted by the
department pursuant to rules and regulations. Such standards shall
include what, if any, allowance should be granted for slight variations
in the amount of mercury resulting from production variances. For the
following general purpose lights, mercury content shall be no higher
than:

(a) 2.5 milligrams for screw-based compact fluorescent lamps less than
thirty watts;

(b) 3.5 milligrams for straight fluorescent T8 lamps with a normal
lifetime (excluding 8-foot models) and 3.0 milligrams for straight
fluorescent T5 lamps with a normal lifetime;

(c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a
long lifetime;

(d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps
and 8-foot linear fluorescent lamps (excluding very high output models);

12. On or before December thirty-first, two thousand twenty-six,
mercury content standards established in accordance with this section
shall not apply to special purpose lights.