Sec. 22a-619. Labeling requirements. Advisement re mercury. Exceptions. Alternatives. Lamps containing mercury.
Sec. 22a-619. Labeling requirements. Advisement re mercury. Exceptions.
Alternatives. Lamps containing mercury. (a) Except as provided in subsection (g) of
this section, on and after July 1, 2004, no person shall offer for sale or distribute for
promotional purposes any mercury-added product unless both the product and either
its packaging or care and use manual are labeled in accordance with this section, any
regulations adopted under this section or the terms of any approved alternative labeling
or notification granted under subsection (h) of this section. A retailer shall not be found
in violation of this subsection if the retailer lacked knowledge that the product contained
mercury.
(b) Except as provided in subsection (g) of this section, if a mercury-added product
is a component of another product, the product containing the component and the component shall both be labeled as provided in this section, provided such component may
feasibly be removed from the product by the purchaser. The label on a product containing
a mercury-added component that can be feasibly removed shall identify the component
with sufficient detail so that the component may be readily located for removal.
(c) All labels contained on packaging shall be clearly visible prior to sale and all
labels required on the product packaging or in the care and use manual shall be sufficient
to inform the purchaser, using words or symbols, that mercury is present in the product
and that the product should be properly disposed of or recycled in accordance with the
hazardous waste provisions of this title.
(d) Labels affixed to the product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.
(e) On and after July 1, 2004, any person offering a mercury-added product for sale
through a catalog, or distributing such product for promotional purposes shall clearly
advise in writing the purchaser or recipient prior to the time of sale or distribution that
the product contains mercury. On and after July 1, 2004, any person offering a mercury-added product for sale by telephone shall clearly advise the purchaser or recipient prior
to the time of sale that the product contains mercury. Such requirements shall apply to
such transactions in which the purchaser or recipient is unable to view the labels on the
package or the product prior to purchase or receipt.
(f) The manufacturer of a product shall be responsible for product and package
labels required under this section, unless the wholesaler or retailer agrees in writing to
accept the responsibility of implementing an alternative to the labeling requirements of
this section provided such alternative is approved under subsection (h) of this section.
(g) (1) Manufacturers shall meet all the requirements of this section for large appliances, including, but not limited to, washers, dryers, ovens, including microwave ovens,
refrigerators, air conditioners, dehumidifiers or portable heaters sold in a store where
such appliances are on display, except that no package labeling shall be required; (2)
manufacturers shall meet all the requirements of this section for mercury fever thermometers, except that no product labeling shall be required; (3) in the case of vehicles, (A)
manufacturers shall meet the product labeling requirements of this section for vehicles
by placing a label on the doorpost of the vehicles that lists the mercury-added components that may be present in the vehicle, and (B) manufacturers shall not be required to
label the mercury-added components of the vehicle; (4) manufacturers of products that
contain a mercury-containing lamp used for backlighting that cannot feasibly be removed by the purchaser shall meet the product labeling requirements of this section by
placing the label on the product or its care and use manual; (5) manufacturers shall meet
all the requirements of this section for button cell batteries containing mercury, except
that no labeling shall be required; (6) in the case of products that contain button cell
batteries containing mercury as the only mercury components, manufacturers shall meet
the packaging requirements of this section by including a label in the product instructions, if any, and on the packaging, and no further product labeling shall be required;
(7) manufacturers of fluorescent lights and high-intensity discharge lamps shall meet
the labeling requirements of this section by labeling the product packaging and placing
the symbol "Hg" on each lamp; (8) manufacturers of medical equipment not intended
for use by nonmedical personnel are exempt from this section; and (9) manufacturers
shall meet this requirement for luminaires not sold through retail sales channels by
providing information on their web sites and in catalogs.
(h) (1) A manufacturer may apply to the commissioner and the regional multistate
clearinghouse described in section 22a-614 for an alternative to the requirements of
subsections (a) to (g), inclusive, of this section if: (A) Compliance with the requirements
is not feasible; (B) the proposed alternative would be at least as effective in providing
presale notification of mercury content and in providing instructions on proper disposal;
or (C) federal law preempts state authority over labeling.
(2) The commissioner may approve, deny, modify or condition a request for an
alternative to the requirements of subsections (a) to (g), inclusive, of this section. An
approval shall be for a period of no more than two years and may, upon continued
eligibility under the criteria of this section and compliance with the conditions of its
prior approval, be renewed. Requests for renewals shall be submitted ninety days before
the expiration of the approval. Prior to approving an alternative, the commissioner shall
consult with states, Canadian provinces and regional government organizations to insure
that the commissioner's labeling requirements are consistent with those of other jurisdictions in the region. The commissioner may revoke an approval for cause.
(i) Notwithstanding the provisions of this section, a person who sells mercury-added
lamps to the owner or manager of any industrial, commercial or office building or to
any person who replaces or removes from service outdoor lamps that contain mercury
shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate
document that the lamps contain mercury, a hazardous substance that is regulated by
federal and state law, and that they may not be placed in the solid waste destined for
disposal. Retail establishments that incidentally sell mercury-added lamps to purchasers
are exempt from the requirements of this subsection. A person who contracts with the
owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly
inform in writing the person for whom the work is being done that the lamps being
removed from service contain mercury and what the contractor's arrangements are for
the management of the mercury in the removed lamps.
(P.A. 02-90, S. 8; P.A. 03-123, S. 18; 03-276, S. 1; P.A. 06-181, S. 3; P.A. 08-124, S. 31.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change in Subsec. (h)(1), effective June 26,
2003; P.A. 03-276 added "and high-intensity discharge lamps" in Subsec. (g)(7), effective July 1, 2003; P.A. 06-181
amended Subsec. (g)(7) to add "and placing the symbol "Hg" on each lamp" and to added Subsec. (g)(9) re luminaires not
sold through retail sales channels, effective July 1, 2006; P.A. 08-124 made technical changes in Subsec. (g), effective
June 2, 2008.