Section 25214.8.4 Of Article 10.2.1. Mercury-added Thermostats, Relays, Switches, And Measuring Devices From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.2.1.
25214.8.4
. (a) Except as provided in subdivisions (b) to (e),
inclusive, and Section 25214.8.5, on or after July 1, 2006, a person
shall not sell, offer to sell, or distribute for promotional purposes
in this state, a new or refurbished mercury switch or mercury relay
individually or as a product component.
(b) Subdivision (a) does not apply if the switch or relay is used
to replace a switch or relay that is a component in a larger product
in use prior to July 1, 2006, and one of the following applies:
(1) The larger product is used in manufacturing.
(2) The switch or relay is integrated in and not physically
separate from other components of the larger product.
(c) Subdivision (a) does not apply to the sale of a mercury switch
or mercury relay if use of the switch or relay is required under
federal law or federal contract specification.
(d) Subdivision (a) does not apply to a mercury switch or a
mercury relay that contains less than 1 milligram of mercury, if the
manufacturer of the mercury switch or relay has notified the
department of its plans to operate under an exemption pursuant to
this subdivision. The notification shall be resubmitted to the
department every three years. The initial and subsequent
notifications shall be signed and dated, and shall include all of the
following:
(1) The name of the manufacturer and the name, position, and
contact information for the person who is the manufacturer's contact
person on all matters concerning the exemption.
(2) An identification and description of the mercury switch or
mercury relay to which the exemption applies.
(3) A statement that the manufacturer certifies all of the
following:
(A) The mercury switch or relay is hermetically sealed by the
manufacturer.
(B) The mercury switch or relay is intended for industrial use in
test and measurement instruments or in systems for monitoring and
control applications.
(C) There is no substantially equivalent nonmercury alternative
technology for the intended use of the switch or relay, considering
all aspects of electrical performance, size, power consumption,
product life, and cost.
(D) (1) The manufacturer, individually, or in conjunction with an
industry or trade group, has developed and implemented an ongoing
program for the proper end-of-life collection, transportation, and
management of exempted mercury switches or relays sold in this state,
including the removal of the mercury switch or mercury relay from
the product in which it is contained.
(2) The program includes a consumer information component to
ensure that users of the mercury switch or relay, and the products
that contain the mercury switches or relays, are aware of available
collection opportunities and legal requirements for management of the
mercury switch or relay, once the switch or relay or the product
becomes a waste.
(E) The manufacturer recognizes that the exemption provided by
this subdivision becomes null and void if and when either of the
following occurs:
(i) The manufacturer fails to submit a new exemption notification,
meeting the requirements of this subdivision, within three years
following submission of the prior exemption notification.
(ii) Any of the conditions set forth in subparagraphs (A) to (D),
inclusive, are no longer satisfied.
(e) Subdivision (a) does not apply to the resale of a refurbished
imaging and therapy system utilized for medical diagnostic purposes
that includes a mercury switch or relay if the manufacturer of the
imaging and therapy system has notified the department of its plans
to operate under an exemption pursuant to this subdivision. The
notification shall be signed and dated, and shall include all of the
following:
(1) The name of the manufacturer and the name, position, and
contact information for the person who is the manufacturer's contact
person on all matters concerning the exemption.
(2) An identification and description of the imaging and therapy
system to which the exemption applies.
(3) A statement that the manufacturer certifies all of the
following:
(A) The mercury switch or relay is integrated in, and not
physically separate from, other components of the larger product.
(B) The larger product was initially manufactured prior to July 1,
2006.
(C) (1) The manufacturer, individually, or in conjunction with an
industry or trade group, has developed and implemented an ongoing
program for the proper end-of-life collection, transportation, and
management of mercury switches or relays contained in exempted
imaging and therapy systems sold in this state, including the removal
of the mercury switch or mercury relay from the product in which it
is contained.
(2) The program includes a consumer information component to
ensure that users of the products that contain the mercury switches
or relays are aware of available collection opportunities and legal
requirements for management of the mercury switch or relay, and the
products that contain the mercury switches or relays, once the switch
or relay or the product becomes a waste.
(D) The manufacturer recognizes that the exemption provided by
this subdivision becomes null and void if and when any of the
conditions set forth in subparagraphs (A) and (B) are no longer
satisfied.