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knowingly sell, a mercury-added product unless the item is labeled | pursuant to this subsection. The label must clearly inform the | purchaser or consumer that mercury is present in the item and that | the item may not be disposed of or placed in a waste stream | destined for disposal until the mercury is removed and reused, | recycled or otherwise managed to ensure that it does not become | part of solid waste or wastewater. Manufacturers shall affix to | mercury-added products labels that conform to the requirements of | this subsection. |
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| The board shall adopt rules to establish standards for affixing | labels to the product and product package. The rules must strive | for consistency with labeling programs in other states and | provide for approval of alternative compliance plans by the | department. Rules adopted pursuant to this section are routine | technical rules as defined in Title 5, chapter 375, subchapter | II-A 2-A. |
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| This subsection does not apply applies to mercury-added lamps | effective January 1, 2006, except that it does not apply to | products containing mercury-added lamps. The manufacturer of a | mercury-added lamp is in compliance with this subsection if the | manufacturer labels all mercury-added lamps sold in this State in | compliance with similar requirements adopted by another state. |
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| | Sec. 4. 38 MRSA §1665-A, sub-§3, as enacted by PL 2001, c. 656, §3, is | repealed and the following enacted in its place: |
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| | 3.__Removal of certain mercury components when vehicle use | ends.__A person may not flatten, crush or bale a motor vehicle | for the purpose of sending it to a scrap recycling facility,__or | arrange for a motor vehicle to be flattened, baled or crushed for | that purpose, without first removing all mercury switches and | mercury headlamps, except that a scrap recycling facility may | agree to accept a motor vehicle that has not been flattened, | crushed or baled.__If a scrap recycling facility accepts such a | motor vehicle, the scrap recycling facility is responsible for | removing the mercury switches and mercury headlamps before the | vehicle is flattened, crushed, baled or shredded.__Upon removal, | the components must be collected, stored, transported and | otherwise handled in accordance with the universal waste rules | adopted by the board under subsection 8. |
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| | Sec. 5. 38 MRSA §1665-A, sub-§5, ¶B, as enacted by PL 2001, c. 656, §3, | is amended to read: |
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| B. Pay a minimum of $1 $3 for each mercury switch brought to the | consolidation facilities as partial compensation for the removal, | storage and transport of the switches and a |
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