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S.F. No. 2192 - Lead and Mercury-Containing Products Regulation (First Engrossment)
Author: Senator John Marty
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
Christopher B. Stang, Senate Counsel (651/296-0539)
Date: March 21, 2014


Section 1 [Prohibitions and recycling requirements] references section in law that defines what constitutes a “mercury-containing” device. 

Section 2 [Removal from service; products containing mercury] makes the subdivision applicable to all items listed in the section. Items must be transported in a container designed to prevent escape into the environment.

Section 3 [Thermostats] provides that a manufacturer of mercury-containing thermostats or that may replace thermostats that contain mercury is responsible for the costs of collecting and managing the replaced mercury-containing thermostats to ensure that the thermostats do not become part of the solid waste stream.  Specifies that manufacturers shall provide financial and nonfinancial incentives to purchasers and consumers.  Allows a manufacturer or an organization of manufacturers to participate in projects or programs to collect and properly manage waste thermostats.  Provides that participants in a project or program are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce with respect to the project or program.  Requires annual reporting to the MPCA on the thermostat collection project or program describing operation of the program, eligibility, participants, and the number of thermostats collected by each participant. 

Section 4 [Mercury thermometers prohibited] eliminates exemptions for mercury thermometers used in food and dairy processing.  Provides that a manufacturer is in compliance with the section if the manufacturer has received an exclusion or exemption from a state that is a member of the Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no alternative is available or for an application when no feasible alternative is available; submits a copy of the exclusion or exemption to the commissioner; and meets all of the requirements in the approved exclusion or exemption for the manufacturer's activities within the state. 

Section 5 [Ban; mercury in balancing and dampening products and equipment] prohibits the sale, distribution, installation, or use of a mercury-containing product or equipment used for balancing, dampening, or providing a weight or counterweight function.  This section is effective January 1, 2015. 

Section 6 [Wheel weights and balancing products; lead and mercury prohibition]

Subdivision 1 (Definitions) defines "motor vehicle" and "new motor vehicle" for purposes of this section.

Subdivision 2 (Tire service) prohibits a person from using a wheel weight or other product for balancing motor vehicle or aircraft wheels if the weight contains lead or mercury that was intentionally added to the product during manufacturing when replacing or balancing a tire on a motor vehicle or aircraft.

Subdivision 2 (Sales ban) prohibits a person from selling or offering to sell or distribute weights or other products for balancing motor vehicle or aircraft wheels if the weight or balancing product contains lead or mercury intentionally added during product manufacturing. 

Subdivision 3 (New motor vehicles)  prohibits a person from selling a new motor vehicle or aircraft equipped with a weight or other product for balancing wheels if the weight or other balancing product contains lead or mercury intentionally added during manufacturing.

Subdivision 4 (Salvage) prohibits a person from shredding or crushing, or marketing for shredding or crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment, without first inspecting the vehicle or equipment and removing all weights or products for balancing wheels or other equipment that contain lead or mercury intentionally added during manufacturing.

Subdivision 5 (Management of wheel weights and balancing products) requires mercury and lead in wheel weights and other balancing products for vehicle and aircraft wheels to be recycled or managed in compliance with other sections regulating mercury.

Section 6 is effective January 1, 2015.



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