Sec. 22a-620. Plan for collection of mercury-added products. Report on collection system. Exemptions.
Sec. 22a-620. Plan for collection of mercury-added products. Report on collection system. Exemptions. (a) On and after July 1, 2003, no person shall offer any
mercury-added product for sale or distribute any such product for promotional purposes
unless the manufacturer either on its own or in concert with other persons has submitted
a plan to the commissioner for a system that reasonably enables the collection of such
products. If a mercury-added product is a component of another product, the collection
system shall provide for removal and collection of the mercury-added component or
collection of both the mercury-added component and the product containing it.
(b) The collection system shall include (1) a public education program to inform
the public about the purpose of the collection program and how to participate in it; (2)
a targeted capture rate for the mercury-added product or component; (3) a plan for
implementing and financing the collection system; (4) documentation of the willingness
of all parties to the system to implement the proposed collection system; (5) a description
of the performance measures to be utilized and reported by the manufacturer to demonstrate that the collection system is meeting capture rate targets; (6) a description of
additional or alternative actions that will be implemented to improve the collection
system and its operation in the event that the program targets are not met; and (7) a
recycling or disposal plan.
(c) Not later than July 1, 2004, and biennially thereafter, the manufacturer or entity
that submitted the plan on behalf of the manufacturer shall submit a report to the commissioner and to the regional multistate clearinghouse described in section 22a-614 on the
effectiveness of the collection system. The report shall include an estimate of the amount
of mercury that was collected, the capture rate for the mercury-added products or components, the results of the other performance measures included in the manufacturer's
collection system plan, and such other information as the commissioner may require.
The commissioner shall make such reports available to the public.
(d) The cost for the collection system shall not be borne by state or local government.
(e) The commissioner shall review any impediments identified pursuant to subdivision (7) of subsection (b) of this section and the regulations adopted under this title
governing handling of waste from mercury-added products and, if necessary, may
amend regulations as appropriate to facilitate collection.
(f) The following are exempt from the provisions of this section: (1) Formulated
mercury-added products intended to be consumed in use, including, but not limited
to, reagents, cosmetics, pharmaceuticals and other laboratory chemicals; (2) fabricated
mercury-containing products where the only mercury is contained in a component that
cannot feasibly be removed by the purchaser including, but not limited to, electronic
products whose only mercury-added component is a mercury-containing lamp used for
backlighting provided such manufacturer or trade association maintains a web-based
service to provide information on recycling and safe disposal of such products; (3)
photographic film and paper; (4) a manufacturer or trade association of mercury-containing lamps that maintains a toll-free telephone number and an Internet-based service
to provide information on recycling and safe disposal of such lamps and directs consumers to such telephone number and service on any statutorily-required package label;
(5) button cell batteries containing mercury; and (6) any other product for which the
commissioner determines a collection plan is not feasible.
(P.A. 02-90, S. 9; P.A. 03-123, S. 19, 20; P.A. 06-181, S. 5.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change in Subsecs. (c) and (f), effective June
26, 2003; P.A. 06-181 amended Subsec. (f) to add new Subdiv. (5) re button cell batteries containing mercury and redesignate
existing Subdiv. (5) as Subdiv. (6), effective July 1, 2006.