Environmental Health Committee
Filed: 3/6/2007
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1 | AMENDMENT TO HOUSE BILL 943
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2 | AMENDMENT NO. ______. Amend House Bill 943 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Mercury Fever Thermometer Prohibition Act | ||||||
5 | is amended by changing Sections 1 and 10 and by adding Sections | ||||||
6 | 27 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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1 | "Agency" means the Illinois Environmental Protection | ||||||
2 | Agency.
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3 | "Mercury fever thermometer" means any device containing | ||||||
4 | liquid mercury
wherein the liquid
mercury is used to measure | ||||||
5 | the internal body temperature of a person.
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6 | "Mercury-added novelty" means a mercury-added product | ||||||
7 | intended for personal
or household enjoyment, including but not | ||||||
8 | limited to: toys, figurines,
adornments, games, cards, | ||||||
9 | ornaments, yard statues and figurines, candles,
jewelry, | ||||||
10 | holiday decorations, and footwear and other items of apparel.
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11 | "Mercury-added product" means a product to which mercury is | ||||||
12 | added intentionally during formulation of manufacture, or a | ||||||
13 | product containing one or more components to which mercury is | ||||||
14 | intentionally added during formulation or manufacture.
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15 | "Health care facility" means any hospital, nursing home, | ||||||
16 | extended care
facility, long-term facility, clinic or medical | ||||||
17 | laboratory, State or private
health or mental institution, | ||||||
18 | clinic, physician's office, or health maintenance
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19 | organization.
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20 | "Hospital" means any institution, place, building, or | ||||||
21 | agency, public or
private, whether organized for profit or not, | ||||||
22 | devoted primarily to the
maintenance and operation of | ||||||
23 | facilities for the diagnosis and treatment or care
of 2 or more | ||||||
24 | unrelated persons admitted for overnight stay or longer in | ||||||
25 | order
to obtain medical, including obstetric, psychiatric, and | ||||||
26 | nursing, care of
illness, disease, injury, infirmity, or |
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1 | deformity.
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2 | "Person" means any individual, partnership, | ||||||
3 | co-partnership, firm, company,
limited liability company, | ||||||
4 | corporation, association, joint stock company,
trust, estate, | ||||||
5 | political subdivision, State agency, or non-profit | ||||||
6 | organization,
or any other legal entity.
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7 | (Source: P.A. 93-165, eff. 1-1-04.)
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8 | (410 ILCS 46/27 new) | ||||||
9 | Sec. 27. Sale and distribution of certain mercury-added | ||||||
10 | products prohibited. | ||||||
11 | (a) On and after July 1, 2008, no person shall sell, offer | ||||||
12 | to sell, or distribute the following mercury-added products in | ||||||
13 | this State: | ||||||
14 | (1) barometers;
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15 | (2) esophageal dilators, bougie tubes, or | ||||||
16 | gastrointestinal tubes;
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17 | (3) flow meters; | ||||||
18 | (4) hydrometers;
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19 | (5) hygrometers;
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20 | (6) manometers;
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21 | (7) pyrometers;
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22 | (8) sphygmomanometers;
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23 | (9) thermometers; or
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24 | (10) psychrometers.
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25 | (b) This Section does not apply to the sale of a mercury |
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1 | added product listed in paragraphs (1) through (10) of | ||||||
2 | subsection (a) if use of the product is a federal requirement | ||||||
3 | or if the only mercury-added component in the product is a | ||||||
4 | button cell battery.
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5 | (c) This Section does not apply to the sale of a | ||||||
6 | mercury-added product listed in paragraphs (1) through (10) of | ||||||
7 | subsection (a) for which an exemption is obtained under this | ||||||
8 | subsection (c). The manufacturer of the product may apply for | ||||||
9 | an exemption for one or more uses of the product by filing a | ||||||
10 | written petition with the Agency. The Agency may grant an | ||||||
11 | exemption, with or without conditions, if the manufacturer | ||||||
12 | demonstrates the following:
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13 | (1) a system exists for the proper collection, | ||||||
14 | transportation, and processing of the product at the end of | ||||||
15 | its useful life; and
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16 | (2) one of the following applies:
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17 | (i) use of the product provides a net benefit to | ||||||
18 | the environment, public health, or public safety when | ||||||
19 | compared to available nonmercury alternatives; or
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20 | (ii) technically feasible nonmercury alternatives | ||||||
21 | are not available at comparable cost.
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22 | Prior to approving an exemption, the Agency may consult | ||||||
23 | with other states to promote consistency in the regulation of | ||||||
24 | the product for which the exemption is requested. The Agency | ||||||
25 | may also publish notice of its receipt of petitions for | ||||||
26 | exemptions on its website and consider public comments |
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1 | submitted in response to the petitions. Exemptions shall be | ||||||
2 | granted for a term of 5 years and may be renewed for additional | ||||||
3 | 5-year terms upon written application by the manufacturer if | ||||||
4 | the manufacturer demonstrates that the criteria of this | ||||||
5 | subsection (c) and the conditions of the product's original | ||||||
6 | exemption approval continue to be met. All petitions for | ||||||
7 | exemptions and exemption renewals shall be submitted on forms | ||||||
8 | prescribed by the Agency.
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9 | (410 ILCS 46/35 new) | ||||||
10 | Sec. 35. The Agency may participate in the establishment | ||||||
11 | and implementation of a regional, multistate clearinghouse to | ||||||
12 | assist in carrying out the requirements of this Act.
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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