The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
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.
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster