093_SB0371enr

 
SB371 Enrolled                       LRB093 02060 DRJ 02063 b

 1        AN ACT in relation to public health.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Mercury Fever Thermometer Prohibition Act.

 6        Section 5. Findings.
 7        (a)  The General Assembly finds:
 8             (1)  that human exposure to mercury  can  result  in
 9        adverse  health effects, and mercury pollutants have been
10        linked to nervous system, kidney, and  liver  damage  and
11        impaired childhood development;
12             (2)  that  mercury  fever  thermometers  are  easily
13        broken,  creating  a potential risk of dangerous exposure
14        to mercury  vapor  in  indoor  air  and  risking  mercury
15        contamination of the environment;
16             (3)  that  accidental mercury spills and thermometer
17        breakages have proven costly to clean up;
18             (4)  that according to  the  Mercury  Study  Report,
19        prepared  by the U.S. Environmental Protection Agency and
20        submitted to the U.S. Congress  in  1997,  mercury  fever
21        thermometers  contribute approximately 17 tons of mercury
22        to solid waste each year;
23             (5)  that  according  to  the   U.S.   Environmental
24        Protection Agency, the quantity of mercury in one mercury
25        fever  thermometer,  approximately one gram, is enough to
26        contaminate all fish in a lake with a surface area of  20
27        acres;
28             (6)  that  accurate and safe alternatives to mercury
29        thermometers are  readily  available  and  comparable  in
30        cost; and
31             (7)  that  many  national pharmacy and retail chains
 
SB371 Enrolled             -2-       LRB093 02060 DRJ 02063 b
 1        have discontinued the sale  of  mercury  thermometers  to
 2        consumers.
 3        (b)  It  is the purpose of this Act to prohibit the sale,
 4    distribution,  or  promotional   gifts   of   mercury   fever
 5    thermometers in this State.

 6        Section  10.  Definitions.  For the purposes of this Act,
 7    the words and terms defined in this Section  shall  have  the
 8    meaning given, unless the context otherwise clearly requires.
 9        "Mercury  fever  thermometer" means any device containing
10    liquid mercury wherein the liquid mercury is used to  measure
11    the internal body temperature of a person.
12        "Mercury-added  novelty  product"  means  a mercury-added
13    product  intended  for  personal  or   household   enjoyment,
14    including,  but  not limited to, toys, figurines, adornments,
15    games, cards, ornaments, yard statues and figurines, candles,
16    jewelry, holiday decorations, and footwear and other items of
17    apparel.
18        "Health care facility" means any hospital, nursing  home,
19    extended care facility, long-term facility, clinic or medical
20    laboratory,  State  or  private health or mental institution,
21    clinic,   physician's   office,   or    health    maintenance
22    organization.
23        "Hospital"  means  any  institution,  place, building, or
24    agency, public or private, whether organized  for  profit  or
25    not,  devoted  primarily  to the maintenance and operation of
26    facilities for the diagnosis and treatment or care  of  2  or
27    more  unrelated persons admitted for overnight stay or longer
28    in order to obtain medical, including obstetric, psychiatric,
29    and nursing, care of illness, disease, injury, infirmity,  or
30    deformity.
31        "Person"     means     any    individual,    partnership,
32    co-partnership, firm,  company,  limited  liability  company,
33    corporation, association, joint stock company, trust, estate,
 
SB371 Enrolled             -3-       LRB093 02060 DRJ 02063 b
 1    political    subdivision,   State   agency,   or   non-profit
 2    organization, or any other legal entity.

 3        Section 15.  Sale, distribution, or promotional gifts  of
 4    mercury fever thermometers prohibited.
 5        (a)  On  or  after  July  1,  2004, no person shall sell,
 6    distribute,  or  give  for  promotional  purposes  (including
 7    online retail) mercury fever thermometers in this State.
 8        (b)  On  or  after  July  1,  2004,  no  hospital   shall
 9    distribute  mercury  fever  thermometers  in maternity or new
10    baby gift packs to patients.
11        (c)  This  Section  does  not  apply  to  mercury   fever
12    thermometers  sold  or  provided  to be used in a health care
13    facility.

14        Section 20.  Manufacturing of mercury fever  thermometers
15    prohibited.  On  or  after  July  1,  2004,  no  person shall
16    manufacture a mercury fever thermometer in this State.

17        Section 25.  Sale, distribution, or promotional gifts  of
18    mercury-added novelty products prohibited.  On and after July
19    1, 2004, no mercury-added novelty products may be offered for
20    sale  or  distributed for promotional purposes in Illinois if
21    the offerer or distributor knows or has reason to  know  that
22    the  product  contains  mercury, unless the mercury is solely
23    within a button-cell battery or a fluorescent light bulb.

24        Section 30.  Penalty for violation. A person who violates
25    this Act  shall  be  guilty  of  a  petty  offense  and  upon
26    conviction  shall  be  subject to a fine of not less than $50
27    and not more than $200 for each violation.