Section 23-24.9-1. – Short title.
§ 23-24.9-1. Short title. This chapter shall be known as the “Mercury Reduction and Education Act.” History of Section.P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1.
Section 23-24.9-10. – Collection of mercury-added products.
§ 23-24.9-10. Collection of mercury-added products. (a) After January 1, 2006, no mercury-added product shall be offered for final sale or use or distribution for promotional purposes in Rhode Island unless the manufacturer, either on its own or in concert with other persons, has implemented a system, after review and approval of the corporation in […]
Section 23-24.9-10.1. – Resource recovery corporation option.
§ 23-24.9-10.1. Resource recovery corporation option. The department and the Rhode Island resource recovery corporation shall establish a statewide network for the collection of mercury-added products when the household consumer is finished with them. Manufacturers, except motor vehicle manufacturers subject to the provisions of subdivision 23-24.9(10)(b)(2) of mercury-added products may satisfy their obligations, as set […]
Section 23-24.9-10.2. – Mercury-containing thermostats.
§ 23-24.9-10.2. Mercury-containing thermostats. (a) Manufacturer responsibility. Each thermostat manufacturer that has offered for final sale, sold at final sale, or has distributed mercury-containing thermostats in Rhode Island shall, individually or collectively: (1) No later than November 1, 2010, submit a detailed description of a collection program for mercury thermostats that meets the requirements of […]
Section 23-24.9-10.3. – Sunset provisions.
§ 23-24.9-10.3. Sunset provisions. The department shall review the provisions of § 23-24.9-10.2 no later than September 1, 2019, to determine if the provisions of said section shall sunset and the appropriate date for such action or if the approved rates of collection should be revised. The department shall make such a determination based on […]
Section 23-24.9-11. – Disclosure for mercury-added formulated products — Healthcare facilities.
§ 23-24.9-11. Disclosure for mercury-added formulated products — Healthcare facilities. (a) By July 1, 2005, the manufacturers of formulated mercury-added products offered for sale or use to a health care facility in Rhode Island must provide both the director and the recipient healthcare facility a certificate of analysis documenting the mercury content of the product, […]
Section 23-24.9-12. – Limitations on the use of elemental mercury.
§ 23-24.9-12. Limitations on the use of elemental mercury. After January 1, 2003, no person may sell or provide elemental mercury to another person in Rhode Island, except for manufacturing or recycling or disposal purposes, without providing a material safety data sheet, as defined in the United States Code, title 42, section 11049 [42 U.S.C. […]
Section 23-24.9-13. – Existing inventories.
§ 23-24.9-13. Existing inventories. Those mercury-added products with a code or date of manufacture indicating they were manufactured prior to July 13, 2001 are exempt from § 23-24.9-6 — 23-24.9-8 and §§ 23-24.9-10 and 23-24.9-11. If the mercury-added product has a date of manufacture or the manufacturer can provide documentation that the product in question […]
Section 23-24.9-14. – Public education and outreach.
§ 23-24.9-14. Public education and outreach. (a) The director shall coordinate the development of a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups in concert with other relevant state agencies. […]
Section 23-24.9-15. – State procurement preferences for low or nonmercury-added products.
§ 23-24.9-15. State procurement preferences for low or nonmercury-added products. (a) Notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the Rhode Island department of administration shall by January 1, 2003, revise its policies, rules, and procedures to implement the purposes of this chapter. (b) The Rhode Island department of […]
Section 23-24.9-16. – Violations.
§ 23-24.9-16. Violations. Effective July 1, 2005, a violation of any of the provisions of this law or any rule or regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further […]
Section 23-24.9-17. – State review.
§ 23-24.9-17. State review. The department shall, in consultation with the conference of New England Governors/Eastern Canadian Premiers Environment Committee and/or an interstate mercury clearinghouse should one be developed, coordinate a review of the effectiveness of this chapter no later than January 1, 2006, and shall provide a report based upon that review to the […]
Section 23-24.9-18. – Application to products regulated by the Food and Drug Administration (FDA).
§ 23-24.9-18. Application to products regulated by the Food and Drug Administration (FDA). Nothing in this chapter shall apply to prescription drugs regulated by the Food and Drug Administration under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et. seq., to biological products regulated by the Food and Drug Administration under the […]
Section 23-24.9-19. – Mercury advisory working group.
§ 23-24.9-19. Mercury advisory working group. The department of environmental management shall be authorized to coordinate the development of a mercury reduction and education advisory working group to advise the department with regard to the development of regulations and programs for the implementation of the provisions of this chapter and with regard to public education […]
Section 23-24.9-2. – Findings.
§ 23-24.9-2. Findings. The general assembly has found and hereby declares that: (1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment; (2) Mercury deposition has proven to be a significant problem in the northeastern United States; (3) Consumption of mercury-contaminated freshwater fish poses a significant public health threat to the residents […]
Section 23-24.9-2.1. – Oversight and systems planning.
§ 23-24.9-2.1. Oversight and systems planning. (a) The general assembly further finds: (1) That reduction and elimination of health and environmental threats from mercury is a highly complex undertaking requiring cooperation among policy makers, public health and environmental officials and advocates, private businesses from diverse industries and sectors, consumers, and the general public within Rhode […]
Section 23-24.9-20. – Regulations.
§ 23-24.9-20. Regulations. The department shall promulgate rules and regulations to implement and carry out the provisions of this chapter. History of Section.P.L. 2001, ch. 234, § 1; P.L. 2001, ch. 318, § 1; P.L. 2016, ch. 143, § 2; P.L. 2016, ch. 161, § 2.
Section 23-24.9-20.1. – Effective dates for implementation.
§ 23-24.9-20.1. Effective dates for implementation. Notwithstanding the effective date of January 1, 2006, set forth in subsections 23-24.9-7(a)(1), 23-24.9-8(a), and 23-24.9-10(a), the initial deadline for complying with the requirements of these subsections shall be January 1, 2006, or ninety (90) days after the effective date of regulations adopted by the department in order to […]
Section 23-24.9-21. – Severability and construction.
§ 23-24.9-21. Severability and construction. The provisions of this chapter shall be severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be invalid, or its applicability of any government, agency, person, or circumstance is declared invalid, the remainder of the chapter and its relevant applicability shall not be […]
Section 23-24.9-3. – Definitions.
§ 23-24.9-3. Definitions. For the purpose of this chapter: (1) “Component” means a mercury-added product that is incorporated into another product to form a fabricated mercury-added product, including, but not limited to, electrical switches and lamps. (2) “Contractor” means a person engaged in the business of installation, service, or removal of heating, ventilation, and air-conditioning […]