Disposal Ban
- All mercury-added products must be recycled or disposed of as hazardous waste, unless State DEP approves another method.
Labeling
- All mercury added products must have labels, approved by May 1, 2008, denoting the presence of mercury and that it must be disposed of as hazardous waste.
- Exemptions for refurbished medical equipment and products whose only mercury component is a removable mercury-added lamp or button cell battery. Manufacturers of products that contain an irremovable mercury-containing lamp used for backlighting can comply by placing label on the product or its care and use manual.
Product Ban
- Mercury thermostats as of May 1, 2008
- Mercury switches and relays unless it is a component in a larger product in use before May 1, 2009, there are no mercury-free alternatives available and one of the following applies:
- The larger product is used in manufacturing or
- The switch or relay is integrated in and not physically separate from other components in the larger product.
- Manufacturers can apply for exemption of maximum of 3 years.
- Switches or relays incorporated into refurbished for resale that were originally sold before May 1, 2009 are exempt.
Manufacturer Collection/Recycle
- Required for mercury-containing products – exemptions for button cell batteries, refurbished medical equipment, and products where the only mercury contained in the product is a removable mercury-added button cell battery or a mercury-added lamp.
- Manufacturers of mercury-added lamps can satisfy the collection/recycle requirements by paying an annual registration fee - the amount of which is determined by the MA Department of Environmental Protection but cannot exceed $10,000 per company. The aggregate amount of these fees collected from lamp manufacturers shall equal $300,000 per year. The funds are to be used by DEP for the limited purpose of department and municipal administration, access, communication, enforcement and
education costs for proper mercury-added lamp recycling or disposal. The annual payments are required through 2024.
- Manufacturers of mercury-switch thermostats are required to fund and implement a statewide recycling program. Thermostat wholesalers must serve as collection sites and HVAC contractors must recycle mercury thermostats upon removal from service. This requirement extends through 31 December 2022.
Notification
- For all mercury-added products
Statute