Ban on Sales and Distribution of Mercury-added Products

No person shall sell, offer to sell, or distribute in Massachusetts the following mercury- added products on or after May 1, 2008: (a) thermostats; (b) barometers; (c) flow meters; (d) hydrometers; (e) hygrometers or psychrometers; (f) manometers; (g) pyrometers; (h) sphygmomanometers; (i) basal thermometers; or (j) esophageal dilators, bourgie tubes or gastrointestinal tubes. The ban on sale or distribution established in 310 CMR 75.06(1) shall not apply to thermometers if they are determined to be medically necessary by a licensed physician or are ordered by prescription. No person shall sell, offer to sell, or distribute in Massachusetts a mercury switch or mercury relay, individually or as a product component, on or after May 1, 2009. 310 CMR 75.06(3) shall not apply if: (a) The mercury switch or mercury relay is a component in a larger product in use before May 1, 2009 and the Department determines that there is no mercury-free alternative available for the component, and: the larger product is used in manufacturing (equipment or machinery at a fixed location that is used in making a product from raw materials, e.g., a papermaking machine); or 2. the switch or relay is integrated and not physically separate from other components of the larger product (i.e., embedded in the larger product such that the larger product would have to be replaced to accommodate a non-mercury replacement switch or relay); or (b) A mercury switch or a mercury relay is integrated as a component of a larger product that has been refurbished for resale and which was originally manufactured before October 26, 2006.