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Massachusetts


Disposal Ban

  • All mercury-added products must be recycled or disposed of as hazardous waste, unless State DEP approves another method.

Labeling

  • All mercury added products must have labels, approved by May 1, 2008, denoting the presence of mercury and that it must be disposed of as hazardous waste.
  • Exemptions for refurbished medical equipment and products whose only mercury component is a removable mercury-added lamp or button cell battery. Manufacturers of products that contain an irremovable mercury-containing lamp used for backlighting can comply by placing label on the product or its care and use manual.

Product Ban

  • Mercury thermostats as of May 1, 2008
  • Mercury switches and relays unless it is a component in a larger product in use before May 1, 2009, there are no mercury-free alternatives available and one of the following applies:
    • The larger product is used in manufacturing or
    • The switch or relay is integrated in and not physically separate from other components in the larger product.
  • Manufacturers can apply for exemption of maximum of 3 years.
  • Switches or relays incorporated into refurbished for resale that were originally sold before May 1, 2009 are exempt.

Manufacturer Collection/Recycle

  • Required for mercury-containing products – exemptions for button cell batteries, refurbished medical equipment, and products where the only mercury contained in the product is a removable mercury-added button cell battery or a mercury-added lamp.
  • Manufacturers of mercury-added lamps can satisfy the collection/recycle requirements by implementing an education plan for consumers and municipalities for the proper use and disposal of mercury-added lamps. Also, either individually or as a group, lamp manufacturers must submit a report annually that indicates progress towards statewide recycling target rates of 30% by 12/31/08, 40% by 12/31/09, 50% by 12/31/10, 70% by 12/31/11 and thereafter. Failure to achieve any of these rates shall obligate the manufacturers of mercury-added lamps as a group to make available not more than $1 million per year of non-compliance, to the State DEP for grants to municipalities or regional authorities to facilitate meeting recycling rates. DEP to devise process by December 31, 2007 for determining recycling rate and aggregate and individual funding commitments.

Notification

  • For all mercury-added products

Statute