By Burnam H.B. No. 3085
77R6845 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the sale and use of products
1-3 containing mercury; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 6, Health and Safety Code, is
1-6 amended by adding Chapter 508 to read as follows:
1-7 CHAPTER 508. MERCURY REDUCTION
1-8 Sec. 508.001. DEFINITIONS. In this chapter:
1-9 (1) "Board" means the Texas Board of Health.
1-10 (2) "Department" means the Texas Department of Health.
1-11 (3) "Manufacturer" means a person that produces a
1-12 product containing mercury or an importer or domestic distributor
1-13 of a product containing mercury produced in a foreign country. For
1-14 a multicomponent product containing mercury, the manufacturer is
1-15 the last manufacturer to produce or assemble the product. If the
1-16 multicomponent product is produced in a foreign country, the
1-17 manufacturer is the importer or domestic distributor.
1-18 (4) "Mercury-added novelty" means a mercury-added
1-19 product intended for personal or household enjoyment or adornment.
1-20 Mercury-added novelties include items intended for use as practical
1-21 jokes, figurines, adornments, toys, games, cards, ornaments, yard
1-22 statues, candles, jewelry, holiday decorations, footwear, and items
1-23 of apparel.
1-24 (5) "Mercury-added product" means a product or a
2-1 component of a product containing mercury or a mercury compound
2-2 intentionally added to the product or component.
2-3 (6) "Mercury fever thermometer" means a mercury-added
2-4 product used for measuring body temperature.
2-5 (7) "Product containing mercury" means a product or a
2-6 component of a product that contains:
2-7 (A) mercury; or
2-8 (B) a mercury compound from any source,
2-9 including a mercury-added product and a product manufactured using
2-10 mercury.
2-11 Sec. 508.002. RULES. The board shall adopt rules to
2-12 administer this chapter.
2-13 Sec. 508.003. NOTIFICATION. (a) A manufacturer may not use
2-14 or distribute for promotional purposes or offer for sale a
2-15 mercury-added product in this state without filing a notification
2-16 form with the department.
2-17 (b) The notification form must include:
2-18 (1) a brief description of the product to be used or
2-19 distributed or offered for sale;
2-20 (2) unless waived by the department for
2-21 confidentiality or practical considerations, the amount of and
2-22 purpose for mercury in each product unit reported as an exact
2-23 number or an average with an upper and lower limit;
2-24 (3) the name and address of the manufacturer;
2-25 (4) the name, address, and telephone number of a
2-26 contact person for the manufacturer; and
2-27 (5) the total amount of mercury contained in all
3-1 products containing mercury sold in the United States, provided
3-2 either by individual manufacturers or aggregated for an industry by
3-3 a trade group.
3-4 (c) On approval from the department, the manufacturer may
3-5 supply the information required in Subsection (b) for a product
3-6 category rather than an individual product.
3-7 (d) The manufacturer shall update and revise the information
3-8 required in the notification when there is significant change in
3-9 the information or at the department's request.
3-10 Sec. 508.004. EXEMPTION. This chapter does not apply to
3-11 prescription drugs or any substance sold over the counter without a
3-12 prescription under the Federal Food, Drug, and Cosmetic Act (21
3-13 U.S.C. Section 301 et seq.).
3-14 Sec. 508.005. CONFIDENTIALITY. (a) Information collected by
3-15 the department under this chapter is for the confidential use of
3-16 the department and the interstate clearinghouse described by
3-17 Section 508.009 in the administration of this chapter if:
3-18 (1) the information relates to:
3-19 (A) production or sales figures; or
3-20 (B) processes or production unique to the
3-21 manufacturer; or
3-22 (2) release of the information may adversely affect
3-23 the competitive position of the manufacturer.
3-24 (b) A manufacturer may expressly agree to the publication of
3-25 information collected under this chapter.
3-26 (c) The department and the interstate clearinghouse may
3-27 compile or publish analyses or summaries relating to the amount and
4-1 effect of mercury in products and in the environment. The analyses
4-2 or summaries may not identify any manufacturer or reveal any
4-3 information that is confidential under this section.
4-4 Sec. 508.006. RESTRICTIONS ON SALE OF CERTAIN MERCURY-ADDED
4-5 PRODUCTS. (a) A person may not use or distribute for promotional
4-6 purposes or offer for sale in this state a mercury-added novelty if
4-7 the seller knows or has reason to know the product contains
4-8 mercury.
4-9 (b) A manufacturer that produces and sells mercury-added
4-10 novelties shall notify retailers of:
4-11 (1) the requirements of this chapter; and
4-12 (2) the proper method to dispose of remaining
4-13 inventory.
4-14 (c) A person may not sell or supply mercury fever
4-15 thermometers to consumers or patients except by prescription. A
4-16 manufacturer of mercury fever thermometers shall include with each
4-17 thermometer instructions describing:
4-18 (1) the proper care and handling of the thermometer to
4-19 prevent breakage; and
4-20 (2) the proper procedures for cleaning up and
4-21 disposing of mercury.
4-22 (d) Except as provided by Subsection (e), a primary or
4-23 secondary school may not use or purchase for use in the school
4-24 elemental mercury, mercury compounds, or mercury-added
4-25 instructional equipment and materials.
4-26 (e) A primary or secondary school may use or purchase for
4-27 use in the school measuring devices and thermometers that contain
5-1 mercury only if:
5-2 (1) the equipment is used in a school laboratory; and
5-3 (2) no adequate substitute for the mercury-added
5-4 equipment exists.
5-5 Sec. 508.007. LIMITATIONS ON USE OF ELEMENTAL MERCURY. A
5-6 person may not sell or provide elemental mercury to another person
5-7 in this state unless the person provides a material safety data
5-8 sheet, as defined in 42 U.S.C. Section 11049, and the purchaser or
5-9 recipient signs a statement indicating the purchaser or recipient:
5-10 (1) will use the mercury only for medical, dental
5-11 amalgam dispose-caps, research, or manufacturing purposes;
5-12 (2) understands mercury is toxic and will store and
5-13 use the mercury appropriately to prevent the exposure of any person
5-14 to the mercury; and
5-15 (3) will not place or allow anyone under the
5-16 purchaser's or recipient's control to place the mercury or cause
5-17 the mercury to be placed in solid waste for disposal or in a
5-18 wastewater disposal system.
5-19 Sec. 508.008. PUBLIC EDUCATION AND OUTREACH. (a) The
5-20 department shall implement a public education, outreach, and
5-21 assistance program for households, hazardous waste generators,
5-22 local and regional solid waste management agencies, dismantlers,
5-23 institutions, and schools on:
5-24 (1) the hazards of mercury;
5-25 (2) the requirements and obligations of individuals,
5-26 manufacturers, and agencies under this chapter; and
5-27 (3) voluntary actions that individuals, institutions,
6-1 and businesses can take to reduce mercury in the environment.
6-2 (b) The department shall cooperate with manufacturers of
6-3 mercury-added products and other affected businesses in the
6-4 development and implementation of public education and technical
6-5 assistance programs.
6-6 (c) The department shall cooperate with neighboring states
6-7 and regional organizations on developing outreach, assistance, and
6-8 education programs.
6-9 Sec. 508.009. INTERSTATE CLEARINGHOUSE. (a) The department
6-10 may participate in the establishment and implementation of a
6-11 regional, multistate clearinghouse to assist the department in:
6-12 (1) administering this chapter;
6-13 (2) coordinating reviews of:
6-14 (A) the manufacturers' notifications regarding
6-15 mercury-added products;
6-16 (B) applications for phase-out exemptions;
6-17 (C) collection plans;
6-18 (D) the disclosures of mercury content; and
6-19 (E) applications for alternative labeling; and
6-20 (3) providing education and outreach programs.
6-21 (b) The clearinghouse may also maintain:
6-22 (1) a list of all products containing mercury,
6-23 including mercury-added products;
6-24 (2) a file on all exemptions granted by the states;
6-25 and
6-26 (3) a file of all the manufacturers' reports on the
6-27 effectiveness of collection systems.
7-1 Sec. 508.010. ADMINISTRATIVE PENALTY. (a) The department
7-2 may assess an administrative penalty against a person who violates
7-3 this chapter or a rule adopted by the board under this chapter.
7-4 (b) The penalty may not exceed $1,000 for each violation.
7-5 Each day a violation occurs or continues is a separate violation.
7-6 SECTION 2. This Act takes effect May 1, 2002.
7-7 SECTION 3. (a) A person may not offer for final sale, use or
7-8 distribute for promotional purposes, or ship to an address in this
7-9 state any mercury-added product unless the person has complied with
7-10 Chapter 508, Health and Safety Code, as added by this Act, except
7-11 that a retailer in this state may sell products containing mercury
7-12 from the retailer's stock as it existed on the effective date of
7-13 this Act until September 1, 2002.
7-14 (b) The Texas Board of Health shall adopt rules to
7-15 administer Chapter 508, Health and Safety Code, as added by this
7-16 Act, not later than July 1, 2002.
7-17 SECTION 4. (a) The Texas Department of Health shall:
7-18 (1) review the effectiveness of Chapter 508, Health
7-19 and Safety Code, as added by this Act, not later than May 1, 2006;
7-20 and
7-21 (2) provide a report on the effectiveness of Chapter
7-22 508, Health and Safety Code, as added by this Act, to the governor,
7-23 the lieutenant governor, and the speaker of the house of
7-24 representatives not later than November 1, 2006.
7-25 (b) The report shall examine the effectiveness of the
7-26 programs administered under Chapter 508, Health and Safety Code, as
7-27 added by this Act. The report may contain recommendations for
8-1 improving the programs and recommendations for legislative action
8-2 and may identify, with the assistance of the Texas Department of
8-3 Health and Human Services, consumer products and products used in
8-4 health care facilities that contain mercury in amounts greater than
8-5 one part per billion. The Texas Department of Health shall seek
8-6 voluntary industry cooperation.