Applicability

(1) 310 CMR 75.00 applies to any person who manufactures, sells, offers for sale or distributes mercury-added products in Massachusetts. (2) The following products are exempt from the requirements of 310 CMR 75.04: (a) motor vehicles and mercury-added components in motor vehicles; (b) refurbished medical equipment; (c) mercury-added button cell batteries; (d) products where the only mercury contained in the product is in one or more removable mercury-added button cell batteries; (e) products where the only mercury contained in the product is contained in one or more mercury-added lamps; (f) mercury-added formulated products intended to be totally consumed in use, such as reagents, cosmetics, cleaning products, pharmaceuticals and other laboratory chemicals; (g) Products made with coal ash; (h) Products that are incorporated into equipment used to manufacture semi-conductor devices; (i) elemental mercury in pre-capsulated form that is sold, distributed or provided to a dental practitioner for use in compliance with the department’s regulations concerning amalgam wastewater and recycling for dental facilities; or (j) mercury-added thermostats subject to the requirements of 310 CMR 77.00: Collection and Recycling of Mercury-added Thermostats. (3) After December 28, 2007, once a mercury-added product is no longer sold, offered for sale, or distributed in Massachusetts, the product’s manufacturer will no longer be subject to the requirements of 310 CMR 75.04. (4) Compliance with 310 CMR 75.00 does not release manufacturers, distributors, wholesalers, or retailers from the need to comply with other applicable state, federal and local requirements. (5) The Department shall deem a manufacturer of mercury-added lamps to have satisfied the requirements of 310 CMR 75.04 if such manufacturer who sells mercury-added lamps in the Commonwealth individually pays, until June 30, 2024, an annual registration fee in accordance with the requirements of 310 CMR 4.03(2): Table 4.03 and with the requirements of 310 CMR 75.05. Manufacturers shall make such payments to the Department to be deposited into an expendable trust fund established in accordance with M.G.L. c. 6A, § 6. If a manufacturer fails to comply with these provisions, such manufacturer shall comply with the full terms and conditions of 310 CMR 75.04.