06- 096 C.M.R. ch. 872, § 2

Current through 2024-51, December 18, 2024
Section 096-872-2 - Prohibitions
A.Instruments and measuring devices. Effective July 1, 2006, a person may not sell, offer to sell or distribute the following mercury added instruments and devices:
(1) A barometer;
(2) An esophageal dilator, bougie tube or gastrointestinal tube;
(3) A flow meter;
(4) A hydrometer;
(5) A hygrometer or psychrometer;
(6) A manometer;
(7) A pyrometer;
(8) A sphygmomanometer; or
(9) A thermometer.

This prohibition does not apply if the only mercury-added component in the instrument or device is a button battery or a lamp, if the use of mercury is required by federal law or if the use of mercury is specified in a contract issued by a federal agency.

B.Switches and relays. Effective July 1, 2006, a person may not sell, offer to sell or distribute a mercury switch or a mercury relay individually or as a product component.This prohibition does not apply if the switch or relay will be used to replace a mercury switch or mercury relay in a product sold prior to July 1, 2006 provided the replacement switch or relay is labeled in accordance with Chapter 870 of department rules and one of the following applies:
(1) The larger product is used in manufacturing; or
(2) The switch or relay is integrated and not physically separate from other components of the larger product.

A product is considered to be "used in manufacturing" if it is equipment or machinery at a fixed location that is used in making a product from raw materials, e.g., a papermaking machine. A switch or relay is considered to be "integrated and not physically separate from other components of the larger product" if the switch or relay is embedded in the larger product such that the larger product would have to be replaced to accommodate a non-mercury replacement switch or relay.

06- 096 C.M.R. ch. 872, § 2