CHAPTER 509
S.P. 375 - L.D. 1058
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1661, sub-§2-A is enacted to read:
2-A. Mercury-added button cell battery. "Mercury-added button cell battery" means a button cell battery to which the manufacturer intentionally introduces mercury.
Sec. 2. 38 MRSA §1661-C, sub-§9 is enacted to read:
9. Button cell batteries. After June 30, 2011, a person may not sell or offer to sell or distribute for promotional purposes a mercury-added button cell battery for consumer use or a product for consumer use that contains a mercury-added button cell battery.
Sec. 3. Report. By January 15, 2009, the Department of Environmental Protection shall submit a report, including recommendations, on the state of the technology of mercury-free button cell batteries to the joint standing committee of the Legislature having jurisdiction over natural resources matters. As part of its study, the department shall review and report on the following matters concerning all uses of button cell batteries and specifically their use in watches, precision instruments, hearing aids and medical devices:
1. The availability of mercury-free button cell batteries in retail outlets in the State;
2. The reliability and safety of mercury-free button cell batteries being sold in the State;
3. Whether reasonable substitutes exist for mercury-added button cell batteries in all applications;
4. The status of any testing and analysis of mercury-free button cell batteries;
5. The disparity, if any, between the cost of mercury-free button cell batteries and button cell batteries containing mercury; and
6. Whether prohibiting the sale of mercury-added button cell batteries after June 30, 2011 is practical.
The department shall confer with and solicit information from representatives of the battery, watch, precision instrument, hearing aid and medical device industries regarding the industries' experience with testing, reliability of use, cost and availability of mercury-free button cell batteries.
The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation relating to the department's report to the First Regular Session of the 124th Legislature.
Effective August 23, 2006.
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