Labeling of Mercury-added Products and Notification to Purchasers

(1) General Labeling Requirements. On or after May 1, 2008, no person shall sell, offer to sell, or distribute a mercury-added product in Massachusetts unless the manufacturer: (a) Submits to the Department a labeling plan for such product that meets the requirements of 310 CMR 75.08(3) and (4) and implements the labeling plan in accordance with the requirements of 310 CMR 75.08(3) and (4); or (b) Labels such product in compliance with a labeling plan approved by another state that is a member of IMERC, pursuant to 310 CMR 75.08(5). The following mercury-added products are exempt from the requirements of 310 CMR 75.08: (a) Refurbished medical equipment; (b) Mercury-added products whose only mercury component is a removable mercury-added lamp; (c) Mercury-added products whose only mercury component is a button cell battery. Labeling Standards for Labeling Plans Submitted to the Department. Prior to sale or distribution of a mercury-added product, the manufacturer of the product shall affix or cause to be affixed a label that conforms to the following requirements: (a) Label Content. Product labels, and package labels if required, shall clearly inform the prospective purchasers and product users, using words or symbols, that the product contains mercury and shall clearly specify that the mercury-added product be reused, recycled or properly disposed of as hazardous waste at the end of the product’s useful life. (b) Product Label Standards. 1. The label must be affixed to the product so that the label is clearly visible (e.g., on an outer surface of the product) and legible. A label printed using ten-point font or larger is presumed to be legible. 2. Labels affixed to products must be printed, mounted, molded, engraved or otherwise affixed using materials that are sufficiently durable to remain legible under the conditions of the product’s intended use for the useful life of the product. (c) Product Label Location. 1. Labels shall be placed on mercury-added products so they can be seen by prospective purchasers and product users, and in conformance with the labeling plan described in 310 CMR 75.08(4). 2. Manufacturers of products that contain, as their only mercury-added component, one or more irremovable mercury-added lamps that are used for backlighting shall meet the requirements of 310 CMR 75.08(3)(b) and (c) by placing the label on the product or in its “care and use” manual (if such a manual is provided to purchasers). 3. Manufacturers of button cell batteries are not required to place a label on the product but shall place a label on the product packaging in accordance with 310 CMR 75.08(3)(d)3. 4. Mercury-added products that are components of larger products shall be labeled as required by 310 CMR 75.08(3)(a) and (b). In addition: a. If the mercury-added component label is not clearly visible to prospective purchasers and product users, then the product shall be labeled. Such label shall identify the component in sufficient detail so that it can be readily located for removal and proper end-of-life management. b. Supplemental information about the location of the mercury-added component and instructions on its removal and proper end-of-life management may be provided in the care and use manual, if the product has one. c. Each new motor vehicle sold on or after May 1, 2008 shall contain a label listing the mercury-added product(s) that may be components in the vehicle. The label shall be affixed in a visible location on the doorpost of the driver’s compartment (and not on the door itself) unless, in accordance with 310 CMR 75.08(5), a different location has been proposed by the manufacturer and accepted by another state that is a member of IMERC. (d) Product Package Label. 1. In addition to the label on the product required by 310 CMR 75.08(3)(b) and (c), the packaging for a mercury-added product shall be labeled, except when the product label can easily be viewed through the packaging, in order to inform prospective purchasers and product users, prior to purchase, that the product contains mercury and will need to be managed properly at the end of its useful life. Packaging of mercury-added components offered for sale or distribution as replacement parts shall be labeled in accordance with 310 CMR 75.08(3)(a). 3. Labels affixed to packaging of mercury-added products must be printed, mounted, molded, engraved or otherwise affixed using materials that are sufficiently durable to remain legible under the conditions of the packaging’s intended use for the expected life of the packaging. A label printed using ten-point font or larger is presumed to be legible. 4. If a manufacturer purchases a mercury-added product from another manufacturer and repackages the product, the manufacturer repackaging the product shall label the package in accordance with 310 CMR 75.08(3)(a). (e) Where labels on the product or product packaging are not clearly visible and legible to prospective purchasers and product users prior to purchase, (e.g., in catalog sales transactions that occur over the internet, telephone or postal service), the manufacturer or retailer shall: Clearly inform the purchaser that the product contains mercury and shall clearly specify that the mercury-added product be reused, recycled or properly disposed of as hazardous waste at the end of the product’s useful life. 2. Such notice shall be provided as part of the product’s description either in the catalog or on the website used to place the online order. (4) Labeling Plans. Manufacturers of mercury-added products for which an IMERC state has not approved a labeling plan, or who are revising a labeling plan previously filed with the Department, shall submit a labeling plan to the Department that includes, at a minimum, the following information: (a) Applicant’s name, mailing address, telephone number, North American Industry Classification System, e-mail address, and web address. (b) The name, mailing address, telephone number, and e-mail address of a contact person for the applicant. (c) A detailed description of: the products covered by the plan, label size, font size, label material, wording, location, and attachment method for each product and for the product packaging in accordance with 310 CMR 75.08(3); how prospective purchasers and product users shall be notified that the product contains mercury, and that the product must be reused, recycled or properly disposed of as hazardous waste at the end of the product’s useful life in accordance with 310 CMR 75.08(3); and the certification required by 310 CMR 70.03: Compliance Certification Requirements. (5) Consistency with Other States. The manufacturer of a mercury-added product may satisfy the requirements of 310 CMR 75.08 by labeling all units of the product sold or distributed in Massachusetts and by effectively implementing in Massachusetts a labeling plan that has been approved by and implemented in another state that is a member of IMERC. In order for the Department to determine whether a product labeling plan approved by another state is being effectively implemented in Massachusetts, the manufacturer shall provide the following, upon the Department’s request: (a) A copy of the label as it appears on products and product packaging sold in Massachusetts; (b) A copy of the application or labeling plan approved by another state that is a member of IMERC; and (c) A copy of the letter approving the use of the label in another state that is a member of IMERC. (6) Notification to Purchasers of Mercury-added Lamps. (a) In addition to the requirements of 310 CMR 75.08 for labeling mercury-added products, any person who sells mercury-added lamps, either directly or through a service contract, to the owner or manager of an industrial, commercial or office building, or to any person who replaces or removes from service outdoor lamps that contain mercury, or to an agent or contractor of such parties, shall clearly inform the purchaser in writing on the invoice or in a separate document that: 1. the lamps contain mercury; 2. mercury is a hazardous substance that is regulated by federal and state law; and 3. end-of-life lamps must be managed in accordance with 310 CMR 76.05. (b) Recordkeeping Requirements. 1. A person subject to 310 CMR 75.08(6)(a) shall keep records on-site that demonstrate compliance with 310 CMR 75.08(6). 2. Records shall be maintained for at least three years. (c) Retail establishments that incidentally sell mercury-added lamps (i.e., fewer than 50 lamps per transaction) to the purchasers specified in 310 CMR 75.08(6)(a) are exempt from 310 CMR 75.08(6).