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1 | AN ACT concerning public safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mercury Fever Thermometer Prohibition Act is | ||||||
5 | amended by changing Sections 1 and 10 and by adding Sections 27 | ||||||
6 | and 35 as follows:
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7 | (410 ILCS 46/1)
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8 | Sec. 1. Short title. This Act may be cited as the | ||||||
9 | Mercury-added Product
Mercury Fever Thermometer Prohibition | ||||||
10 | Act.
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11 | (Source: P.A. 93-165, eff. 1-1-04.)
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12 | (410 ILCS 46/10)
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13 | Sec. 10. Definitions. For the purposes of this Act, the | ||||||
14 | words and terms
defined in this Section shall have the meaning | ||||||
15 | given, unless the context
otherwise clearly requires.
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16 | "Agency" means the Illinois Environmental Protection | ||||||
17 | Agency.
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18 | "Mercury fever thermometer" means any device containing | ||||||
19 | liquid mercury
wherein the liquid
mercury is used to measure | ||||||
20 | the internal body temperature of a person.
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21 | "Mercury-added novelty" means a mercury-added product | ||||||
22 | intended for personal
or household enjoyment, including but not |
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1 | limited to: toys, figurines,
adornments, games, cards, | ||||||
2 | ornaments, yard statues and figurines, candles,
jewelry, | ||||||
3 | holiday decorations, and footwear and other items of apparel.
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4 | "Mercury-added product" means a product to which mercury is | ||||||
5 | added intentionally during formulation of manufacture, or a | ||||||
6 | product containing one or more components to which mercury is | ||||||
7 | intentionally added during formulation or manufacture.
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8 | "Health care facility" means any hospital, nursing home, | ||||||
9 | extended care
facility, long-term facility, clinic or medical | ||||||
10 | laboratory, State or private
health or mental institution, | ||||||
11 | clinic, physician's office, or health maintenance
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12 | organization.
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13 | "Hospital" means any institution, place, building, or | ||||||
14 | agency, public or
private, whether organized for profit or not, | ||||||
15 | devoted primarily to the
maintenance and operation of | ||||||
16 | facilities for the diagnosis and treatment or care
of 2 or more | ||||||
17 | unrelated persons admitted for overnight stay or longer in | ||||||
18 | order
to obtain medical, including obstetric, psychiatric, and | ||||||
19 | nursing, care of
illness, disease, injury, infirmity, or | ||||||
20 | deformity.
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21 | "Person" means any individual, partnership, | ||||||
22 | co-partnership, firm, company,
limited liability company, | ||||||
23 | corporation, association, joint stock company,
trust, estate, | ||||||
24 | political subdivision, State agency, or non-profit | ||||||
25 | organization,
or any other legal entity.
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26 | (Source: P.A. 93-165, eff. 1-1-04.)
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1 | (410 ILCS 46/27 new) | ||||||
2 | Sec. 27. Sale and distribution of certain mercury-added | ||||||
3 | products prohibited. | ||||||
4 | (a) On and after July 1, 2008, no person shall sell, offer | ||||||
5 | to sell, or distribute the following mercury-added products in | ||||||
6 | this State: | ||||||
7 | (1) barometers;
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8 | (2) esophageal dilators, bougie tubes, or | ||||||
9 | gastrointestinal tubes;
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10 | (3) flow meters; | ||||||
11 | (4) hydrometers;
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12 | (5) hygrometers;
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13 | (6) manometers;
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14 | (7) pyrometers;
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15 | (8) sphygmomanometers;
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16 | (9) thermometers; or
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17 | (10) psychrometers.
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18 | (b) This Section does not apply to the sale of a | ||||||
19 | mercury-added product listed in paragraphs (1) through (10) of | ||||||
20 | subsection (a) if use of the product is a federal requirement | ||||||
21 | or if the only mercury-added component in the product is a | ||||||
22 | button cell battery.
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23 | (c) This Section does not apply to the sale of a | ||||||
24 | mercury-added product listed in paragraphs (1) through (10) of | ||||||
25 | subsection (a) for which an exemption is obtained under this |
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1 | subsection (c). The manufacturer of the product may apply for | ||||||
2 | an exemption for one or more uses of the product by filing a | ||||||
3 | written petition with the Agency. The Agency may grant an | ||||||
4 | exemption, with or without conditions, if the manufacturer | ||||||
5 | demonstrates the following:
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6 | (1) a system exists for the proper collection, | ||||||
7 | transportation, and processing of the product at the end of | ||||||
8 | its useful life; and
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9 | (2) one of the following applies:
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10 | (i) use of the product provides a net benefit to | ||||||
11 | the environment, public health, or public safety when | ||||||
12 | compared to available nonmercury alternatives; or
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13 | (ii) technically feasible nonmercury alternatives | ||||||
14 | are not available at comparable cost.
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15 | Prior to approving an exemption, the Agency may consult | ||||||
16 | with other states to promote consistency in the regulation of | ||||||
17 | the product for which the exemption is requested. The Agency | ||||||
18 | may also publish notice of its receipt of petitions for | ||||||
19 | exemptions on its website and consider public comments | ||||||
20 | submitted in response to the petitions. Exemptions shall be | ||||||
21 | granted for a term of 5 years and may be renewed for additional | ||||||
22 | 5-year terms upon written application by the manufacturer if | ||||||
23 | the manufacturer demonstrates that the criteria of this | ||||||
24 | subsection (c) and the conditions of the product's original | ||||||
25 | exemption approval continue to be met. All petitions for | ||||||
26 | exemptions and exemption renewals shall be submitted on forms |
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1 | prescribed by the Agency.
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2 | (410 ILCS 46/35 new) | ||||||
3 | Sec. 35. The Agency may participate in the establishment | ||||||
4 | and implementation of a regional, multistate clearinghouse to | ||||||
5 | assist in carrying out the requirements of this Act.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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