HBA-NRS H.B. 3085 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3085 By: Burnam Public Health 3/23/2001 Introduced BACKGROUND AND PURPOSE Mercury is an extremely hazardous substance which is found naturally in the environment in several forms. Many novelty items such as jewelry and ornaments contain mercury and there are certain household products, such as fever thermometers, that also contain mercury. Exposure to mercury can cause nausea, vomiting, bloody diarrhea, severe abdominal pain and kidney damage. Long-term exposure to mercury may also affect the central nervous system with symptoms including personality changes, nervousness, irritability, tremors, weakness, fatigue, and loss of memory. House Bill 3085 restricts the sale of mercuryadded items or products and establishes a public education and outreach program on the hazards of mercury to households. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 1 (Section 508.002, Health and Safety Code) and SECTION 3 of this bill. ANALYSIS House Bill 3085 amends the Health and Safety Code to prohibit a manufacturer from using or distributing for promotional purposes or offering for sale a mercury-added product in this state without first filing a notification form with the Texas Department of Health (department). The bill provides that the notification form must include certain information. On approval from the department, the bill authorizes the manufacturer to supply the information contained in the notification form for a product category rather than an individual product. The bill requires the manufacturer to update and revise the information contained in the notification form when there is a significant change in the information or at the department's request (Sec. 508.003). The bill does not apply to prescription drugs or any substance sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (Sec. 508.004). The bill provides that information collected by the department is for the confidential use of the department and a regional, multistate clearinghouse (interstate clearinghouse) if the information relates to production or sales figures or processes or production unique to the manufacturer or if release of the information may adversely affect the competitive position of the manufacturer. The bill authorizes a manufacturer to expressly agree to the publication of such information. The bill authorizes the department and the interstate clearinghouse to compile or publish analyses or summaries relating to the amount and effect of mercury in products and in the environment, but prohibits analyses or summaries from revealing certain information considered confidential or the identity of the manufacturer (Sec. 508.005). The bill prohibits a person from using or distributing for promotional purposes or offering for sale a mercury-added novelty if the seller knows or has reason to know the product contains mercury. The bill requires a manufacturer that produces and sells mercury-added novelties to notify retailers of the requirements of this bill and the proper method of disposal of remaining inventory of mercury-added novelties. The bill prohibits the sale or supply of mercury fever thermometers except by prescription and requires a manufacturer of mercury fever thermometers to include instructions with each thermometer describing proper care and handling of the thermometer and proper procedures for cleaning up and disposing of mercury. The bill prohibits the use or purchase of elemental mercury, mercury compounds, or mercury-added instructional equipment and materials by primary or secondary schools, but authorizes such schools to use or purchase for use measuring devices and thermometers that contain mercury only if the equipment is used in a school laboratory and no adequate substitute for the mercury-added equipment exists (Sec. 508.006). The bill prohibits a person from selling or providing elemental mercury to another person unless the person provides a material safety data sheet and the purchaser or recipient signs a statement indicating the purchaser or recipient will use and store mercury properly, including proper disposal (Sec. 508.007). The bill requires the department to implement a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, dismantlers, institutions, and schools on the hazards of mercury, requirements and obligations relating to mercury reduction, and voluntary actions that individuals, institutions, and businesses can take to reduce mercury in the environment. The bill requires the department to cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs. The bill requires the department to cooperate with neighboring states and regional organizations on developing outreach, assistance, and education programs (Sec. 508.008). The bill authorizes the department to participate in the establishment and implementation of an interstate clearinghouse to assist the department in administering provisions relating to mercury reduction, coordinating reviews of certain mercury policies, and providing education and outreach programs. The bill authorizes the clearinghouse to also maintain a list of all products containing mercury, a file on all exemptions granted by the states, and a file of all the manufacturers' reports on the effectiveness of collection systems (Sec. 508.009). The bill requires the Texas Board of Health (board) to adopt rules no later than July 1, 2002, to administer provisions related to mercury reduction (Sec. 508.002 and SECTION 3). The bill authorizes the department to assess an administrative penalty against a person who violates provisions relating to mercury reduction or board rules relating to mercury reduction. The bill prohibits a penalty from exceeding $1,000 for each violation (Sec. 508.010). The Act prohibits a person from offering for final sale, using, or distributing for promotional purposes, or shipping to an address in this state any mercury-added product unless the person has complied with provisions relating to mercury reduction, except that the Act authorizes a retailer in this state to sell products containing mercury from the retailer's stock as it existed on May 1, 2002, until September 1, 2002 (SECTION 3). The bill requires the Texas Department of Health to review the effectiveness of provisions relating to mercury reduction not later than May 1, 2006, and report to the governor, lieutenant governor, and the speaker of the house of representatives not later than November 1, 2006 (SECTION 4). EFFECTIVE DATE May 1, 2002.