State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 003 ]


92_HB3637eng

HB3637 Engrossed                               LRB9209406DJdv

 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
 
HB3637 Engrossed            -2-                LRB9209406DJdv
 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    mercury  wherein  the mercury is used to measure the internal
11    body temperature of a person.
12        "Health care facility" means any hospital, nursing  home,
13    extended care facility, long-term facility, clinic or medical
14    laboratory,  State  or  private health or mental institution,
15    clinic,   physician's   office,   or    health    maintenance
16    organization.
17        "Hospital"  means  any  institution,  place, building, or
18    agency, public or private, whether organized  for  profit  or
19    not,  devoted  primarily  to the maintenance and operation of
20    facilities for the diagnosis and treatment or care  of  2  or
21    more  unrelated persons admitted for overnight stay or longer
22    in order to obtain medical, including obstetric, psychiatric,
23    and nursing, care of illness, disease, injury, infirmity,  or
24    deformity.
25        "Person"     means     any    individual,    partnership,
26    co-partnership, firm,  company,  limited  liability  company,
27    corporation, association, joint stock company, trust, estate,
28    political    subdivision,   State   agency,   or   non-profit
29    organization, or any other legal entity.

30        Section 15.  Sale, distribution, or promotional gifts  of
31    mercury fever thermometers prohibited.
32        (a)  On  or  after  July  1,  2003, no person shall sell,
 
HB3637 Engrossed            -3-                LRB9209406DJdv
 1    distribute,  or  give  for  promotional  purposes  (including
 2    online retail) mercury fever thermometers in this State.
 3        (b)  On  or  after  July  1,  2003,  no  hospital   shall
 4    distribute  mercury  fever  thermometers  in maternity or new
 5    baby gift packs to patients.
 6        (c)  This  Section  does  not  apply  to  mercury   fever
 7    thermometers  sold  or  provided  to be used in a health care
 8    facility.

 9        Section 20.  Manufacturing of mercury fever  thermometers
10    prohibited.  On  or  after  July  1,  2003,  no  person shall
11    manufacture a mercury fever thermometer in this State.

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

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