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HB0943 Engrossed |
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LRB095 08225 CMK 28395 b |
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| limited to: toys, figurines,
adornments, games, cards, |
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| ornaments, yard statues and figurines, candles,
jewelry, |
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| holiday decorations, and footwear and other items of apparel.
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| "Mercury-added product" means a product to which mercury is |
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| added intentionally during formulation of manufacture, or a |
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| product containing one or more components to which mercury is |
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| intentionally added during formulation or manufacture.
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| "Health care facility" means any hospital, nursing home, |
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| extended care
facility, long-term facility, clinic or medical |
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| laboratory, State or private
health or mental institution, |
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| clinic, physician's office, or health maintenance
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| organization.
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| "Hospital" means any institution, place, building, or |
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| agency, public or
private, whether organized for profit or not, |
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| devoted primarily to the
maintenance and operation of |
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| facilities for the diagnosis and treatment or care
of 2 or more |
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| unrelated persons admitted for overnight stay or longer in |
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| order
to obtain medical, including obstetric, psychiatric, and |
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| nursing, care of
illness, disease, injury, infirmity, or |
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| deformity.
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| "Person" means any individual, partnership, |
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| co-partnership, firm, company,
limited liability company, |
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| corporation, association, joint stock company,
trust, estate, |
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| political subdivision, State agency, or non-profit |
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| organization,
or any other legal entity.
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| (Source: P.A. 93-165, eff. 1-1-04.)
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HB0943 Engrossed |
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LRB095 08225 CMK 28395 b |
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| (410 ILCS 46/27 new) |
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| Sec. 27. Sale and distribution of certain mercury-added |
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| products prohibited. |
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| (a) On and after July 1, 2008, no person shall sell, offer |
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| to sell, or distribute the following mercury-added products in |
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| this State: |
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| (1) barometers;
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| (2) esophageal dilators, bougie tubes, or |
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| gastrointestinal tubes;
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| (3) flow meters; |
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| (4) hydrometers;
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| (5) hygrometers;
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| (6) manometers;
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| (7) pyrometers;
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| (8) sphygmomanometers;
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| (9) thermometers; or
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| (10) psychrometers.
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| (b) This Section does not apply to the sale of a |
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| mercury-added product listed in paragraphs (1) through (10) of |
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| subsection (a) if use of the product is a federal requirement |
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| or if the only mercury-added component in the product is a |
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| button cell battery.
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| (c) This Section does not apply to the sale of a |
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| mercury-added product listed in paragraphs (1) through (10) of |
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| subsection (a) for which an exemption is obtained under this |
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HB0943 Engrossed |
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LRB095 08225 CMK 28395 b |
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| subsection (c). The manufacturer of the product may apply for |
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| an exemption for one or more uses of the product by filing a |
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| written petition with the Agency. The Agency may grant an |
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| exemption, with or without conditions, if the manufacturer |
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| demonstrates the following:
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| (1) a system exists for the proper collection, |
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| transportation, and processing of the product at the end of |
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| its useful life; and
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| (2) one of the following applies:
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| (i) use of the product provides a net benefit to |
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| the environment, public health, or public safety when |
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| compared to available nonmercury alternatives; or
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| (ii) technically feasible nonmercury alternatives |
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| are not available at comparable cost.
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| Prior to approving an exemption, the Agency may consult |
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| with other states to promote consistency in the regulation of |
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| the product for which the exemption is requested. The Agency |
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| may also publish notice of its receipt of petitions for |
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| exemptions on its website and consider public comments |
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| submitted in response to the petitions. Exemptions shall be |
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| granted for a term of 5 years and may be renewed for additional |
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| 5-year terms upon written application by the manufacturer if |
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| the manufacturer demonstrates that the criteria of this |
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| subsection (c) and the conditions of the product's original |
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| exemption approval continue to be met. All petitions for |
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| exemptions and exemption renewals shall be submitted on forms |