Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 75.00 - Collection, Recycling, Labeling And Sales Ban Of Mercury-added Products
Section 75.06 - Ban on Sales and Distribution of Mercury-added Products
Universal Citation: 310 MA Code of Regs 310.75
Current through Register 1531, September 27, 2024
(1) No person shall sell, offer to sell, or distribute in Massachusetts the following mercury-added products on or after May 1, 2008:
(a) thermostats;
(b) barometers;
(c) flow meters;
(d) hydrometers;
(e) hygrometers or psychrometers;
(f) manometers;
(g) pyrometers;
(h) sphygmomanometers;
(i) basal thermometers; or
(j) esophageal dilators, bourgie tubes or
gastrointestinal tubes.
(2) The ban on sale or distribution established in 310 CMR 75.06(1) shall not apply to thermometers if they are determined to be medically necessary by a licensed physician or are ordered by prescription.
(3) No person shall sell, offer to sell, or distribute in Massachusetts a mercury switch or mercury relay, individually or as a product component, on or after May 1, 2009. 310 CMR 75.06(3) shall not apply if:
(a) The mercury switch or mercury relay is
a component in a larger product in use before May 1, 2009 and the Department
determines that there is no mercury-free alternative available for the
component, and:
1. the larger product is used
in manufacturing (equipment or machinery at a fixed location that is used in
making a product from raw materials, e.g., a papermaking
machine); or
2. the switch or relay
is integrated and not physically separate from other components of the larger
product (i.e., embedded in the larger product such that the
larger product would have to be replaced to accommodate a non-mercury
replacement switch or relay); or
(b) A mercury switch or a mercury relay is
integrated as a component of a larger product that has been refurbished for
resale and which was originally manufactured before October 26, 2006.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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