(1)
General Labeling
Requirements. On or after May 1, 2008, no person shall sell, offer
to sell, or distribute a mercury-added product in Massachusetts unless the
manufacturer:
(a) Submits to the Department a
labeling plan for such product that meets the requirements of
310
CMR 75.08(3) and (4) and
implements the labeling plan in accordance with the requirements of
310
CMR 75.08(3) and (4);
or
(b) Labels such product in
compliance with a labeling plan approved by another state that is a member of
IMERC, pursuant to
310
CMR 75.08(5).
(2) The following mercury-added
products are exempt from the requirements of
310
CMR 75.08:
(a) Refurbished medical equipment;
(b) Mercury-added products whose only mercury
component is a removable mercury-added lamp;
(c) Mercury-added products whose only mercury
component is a button cell battery.
(3)
Labeling Standards for
Labeling Plans Submitted to the Department. Prior to sale or
distribution of a mercury-added product, the manufacturer of the product shall
affix or cause to be affixed a label that conforms to the following
requirements:
(a)
Label
Content. Product labels, and package labels if required, shall
clearly inform the prospective purchasers and product users, using words or
symbols, that the product contains mercury and shall clearly specify that the
mercury-added product be reused, recycled or properly disposed of as hazardous
waste at the end of the product's useful life.
(b)
Product Label
Standards.
1. The label must be
affixed to the product so that the label is clearly visible
(e.g., on an outer surface of the product) and legible. A
label printed using ten-point font or larger is presumed to be
legible.
2. Labels affixed to
products must be printed, mounted, molded, engraved or otherwise affixed using
materials that are sufficiently durable to remain legible under the conditions
of the product's intended use for the useful life of the product.
(c)
Product Label
Location.
1. Labels shall be
placed on mercury-added products so they can be seen by prospective purchasers
and product users, and in conformance with the labeling plan described in
310
CMR 75.08(4).
2. Manufacturers of products that contain, as
their only mercury-added component, one or more irremovable mercury-added lamps
that are used for backlighting shall meet the requirements of
310
CMR 75.08(3)(b) and (c) by
placing the label on the product or in its "care and use" manual (if such a
manual is provided to purchasers).
3. Manufacturers of button cell batteries are
not required to place a label on the product but shall place a label on the
product packaging in accordance with
310
CMR 75.08(3)(d)3.
4. Mercury-added products that are components
of larger products shall be labeled as required by
310
CMR 75.08(3)(a) and (b). In
addition:
a. If the mercury-added component
label is not clearly visible to prospective purchasers and product users, then
the product shall be labeled. Such label shall identify the component in
sufficient detail so that it can be readily located for removal and proper
end-of-life management.
b.
Supplemental information about the location of the mercury-added component and
instructions on its removal and proper end-of-life management may be provided
in the care and use manual, if the product has one.
c. Each new motor vehicle sold on or after
May 1, 2008 shall contain a label listing the mercury-added product(s) that may
be components in the vehicle. The label shall be affixed in a visible location
on the doorpost of the driver's compartment (and not on the door itself)
unless, in accordance with
310
CMR 75.08(5), a different
location has been proposed by the manufacturer and accepted by another state
that is a member of IMERC.
(d)
Product Package
Label.
1. In addition to the
label on the product required by
310
CMR 75.08(3)(b) and (c), the
packaging for a mercury-added product shall be labeled, except when the product
label can easily be viewed through the packaging, in order to inform
prospective purchasers and product users, prior to purchase, that the product
contains mercury and will need to be managed properly at the end of its useful
life.
2. Packaging of mercury-added
components offered for sale or distribution as replacement parts shall be
labeled in accordance with
310
CMR 75.08(3)(a).
3. Labels affixed to packaging of
mercury-added products must be printed, mounted, molded, engraved or otherwise
affixed using materials that are sufficiently durable to remain legible under
the conditions of the packaging's intended use for the expected life of the
packaging. A label printed using ten-point font or larger is presumed to be
legible.
4. If a manufacturer
purchases a mercury-added product from another manufacturer and repackages the
product, the manufacturer repackaging the product shall label the package in
accordance with
310
CMR 75.08(3)(a).
(e) Where labels on the product or
product packaging are not clearly visible and legible to prospective purchasers
and product users prior to purchase, (
e.g., in catalog sales
transactions that occur over the internet, telephone or postal service), the
manufacturer or retailer shall:
1. Clearly
inform the purchaser that the product contains mercury and shall clearly
specify that the mercury-added product be reused, recycled or properly disposed
of as hazardous waste at the end of the product's useful life.
2. Such notice shall be provided as part of
the product's description either in the catalog or on the website used to place
the online order.
(4)
Labeling Plans.
Manufacturers of mercury-added products for which an IMERC state has not
approved a labeling plan, or who are revising a labeling plan previously filed
with the Department, shall submit a labeling plan to the Department that
includes, at a minimum, the following information:
(a) Applicant's name, mailing address,
telephone number, North American Industry Classification System, e-mail
address, and web address.
(b) The
name, mailing address, telephone number, and e-mail address of a contact person
for the applicant.
(c) A detailed
description of:
1. the products covered by the
plan, label size, font size, label material, wording, location, and attachment
method for each product and for the product packaging in accordance with
310
CMR 75.08(3);
2. how prospective purchasers and product
users shall be notified that the product contains mercury, and that the product
must be reused, recycled or properly disposed of as hazardous waste at the end
of the product's useful life in accordance with
310
CMR 75.08(3); and
3. the certification required by
310 CMR
70.03: Compliance Certification
Requirements.
(5)
Consistency with Other
States. The manufacturer of a mercury-added product may satisfy
the requirements of
310
CMR 75.08 by labeling all units of the
product sold or distributed in Massachusetts and by effectively implementing in
Massachusetts a labeling plan that has been approved by and implemented in
another state that is a member of IMERC. In order for the Department to
determine whether a product labeling plan approved by another state is being
effectively implemented in Massachusetts, the manufacturer shall provide the
following, upon the Department's request:
(a)
A copy of the label as it appears on products and product packaging sold in
Massachusetts;
(b) A copy of the
application or labeling plan approved by another state that is a member of
IMERC; and
(c) A copy of the letter
approving the use of the label in another state that is a member of
IMERC.
(6)
Notification to Purchasers of Mercury-added Lamps.
(a) In addition to the requirements of
310
CMR 75.08 for labeling mercury-added
products, any person who sells mercury-added lamps, either directly or through
a service contract, to the owner or manager of an industrial, commercial or
office building, or to any person who replaces or removes from service outdoor
lamps that contain mercury, or to an agent or contractor of such parties, shall
clearly inform the purchaser in writing on the invoice or in a separate
document that:
1. the lamps contain
mercury;
2. mercury is a hazardous
substance that is regulated by federal and state law; and
3. end-of-life lamps must be managed in
accordance with
310 CMR
76.05.
(b)
Recordkeeping
Requirements.
1. A person subject
to
310
CMR 75.08(6)(a) shall keep
records on-site that demonstrate compliance with
310
CMR 75.08(6).
2. Records shall be maintained for at least
three years.
(c) Retail
establishments that incidentally sell mercury-added lamps
(i.e., fewer than 50 lamps per transaction) to the purchasers
specified in
310
CMR 75.08(6)(a) are exempt
from
310
CMR 75.08(6).