Sec. 1. 38 MRSA §1661, sub-§3-A is enacted to read:

3-A.__Mercury relay.__"Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit.__"Mercury relay" includes mercury displacement relays, mercury wetted reed relays and mercury contact relays.

Sec. 2. 38 MRSA §1661, sub-§4, as enacted by PL 2001, c. 656, §1, is repealed and the following enacted in its place:

4.__Mercury switch.__"Mercury switch" means a mercury-added product or device that opens or closes an electrical circuit or gas valve.__"Mercury switch" includes mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature and mercury flame sensors.__"Mercury switch" does not include a mercury-added thermostat.

Sec. 3. 38 MRSA §1661-C, sub-§5, as enacted by PL 2001, c. 620, §1, is amended to read:

5. Mercury-added thermostats. After January 1, 2006, a person may not sell or offer to sell or distribute for promotional purposes a mercury-added thermostat except for a thermostat used for manufacturing or industrial purposes and except for a thermostat used by a blind or visually impaired person. A manufacturer of mercury-added thermostats may apply to the commissioner prior to January 1, 2003 for an exemption from the provisions of this subsection for one or more specific uses of a mercury-added thermostat. The Commissioner of Environmental Protection may grant an exemption with or without conditions upon finding that:

A. The manufacturer has demonstrated that a system exists for the proper collection, transportation and processing of the mercury-added thermostat at the end of its life; and

B. The specific use or uses of the mercury-added thermostat provide a net benefit to the environment, public health or public safety when compared to available nonmercury alternatives.

For the purposes of this subsection, a "mercury-added thermostat" means a product or device that uses a mercury switch to sense and