HOUSE BILL No. 4599


     April 17, 2001, Introduced by Reps. Minore, Kolb, Hale, George, Basham, Jacobs, Neumann, Daniels, Garza, Bogardus,
Zelenko and Lemmons and referred to the Committee on Commerce.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding part 172.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
                       PART 172.  MERCURY THERMOMETERS

 2
           SEC. 17201.  AS USED IN THIS PART:

 3
           (A) "MANUFACTURER" MEANS A PERSON THAT PRODUCES, IMPORTS, OR

 4
      DISTRIBUTES MERCURY THERMOMETERS IN THIS STATE.

 5
           (B) "MERCURY FEVER THERMOMETER" MEANS A MERCURY THERMOMETER

 6
      USED FOR MEASURING BODY TEMPERATURE.

 7
           (C) "MERCURY THERMOMETER" MEANS A PRODUCT OR COMPONENT OF A

 8
      PRODUCT USED FOR MEASURING TEMPERATURE THAT CONTAINS MERCURY OR A

 9
      MERCURY COMPOUND INTENTIONALLY ADDED TO THE PRODUCT OR COMPONENT.

10
           SEC. 17202.  (1) EXCEPT AS PROVIDED IN SUBSECTION (2),

11
      BEGINNING ON JANUARY 1, 2003, A PERSON SHALL NOT SELL, OFFER FOR


   02758'01                                                 DAM
                                              2

 1
      SALE, OR OFFER FOR PROMOTIONAL PURPOSES A MERCURY THERMOMETER IN

 2
      THIS STATE OR FOR USE IN THIS STATE.

 3
           (2) BEGINNING ON JANUARY 1, 2003, A PERSON SHALL NOT SELL,

 4
      OFFER FOR SALE, OR OFFER FOR PROMOTIONAL PURPOSES A MERCURY FEVER

 5
      THERMOMETER IN THIS STATE OR FOR USE IN THIS STATE, EXCEPT BY

 6
      PRESCRIPTION.  A MANUFACTURER OF MERCURY FEVER THERMOMETERS SHALL

 7
      SUPPLY CLEAR INSTRUCTIONS ON THE CAREFUL HANDLING OF THE THERMOM-

 8
      ETER TO AVOID BREAKAGE AND PROPER CLEANUP SHOULD A BREAKAGE OCCUR

 9
      WITH EACH MERCURY FEVER THERMOMETER SOLD BY PRESCRIPTION.

10
           SEC. 17203.  (1) THE DEPARTMENT SHALL ENFORCE THIS PART.

11
           (2) A PERSON WHO VIOLATES THIS PART IS GUILTY OF A MISDE-

12
      MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 60 DAYS OR A

13
      FINE OF NOT MORE THAN $1,000.00, OR BOTH, PLUS THE COSTS OF

14
      PROSECUTION.





























   02758'01          Final page.                            DAM