Exemption Process for the Sale of Mercury Containing Products (NR 188)
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Statement of Scope published in the Wisconsin Administrative Register, May 31, 2010
On November 1, 2010, 2009 Wisconsin Act 44, the mercury-added products ban, went into effect. This ban prohibits the sale of certain mercury-added products including fever thermometers, manometers, thermostats, instruments and measuring devices, switches and relays and certain household items. It also prohibits the use of free-flowing mercury and mercury-added compounds or instruments in schools for which there is no reasonably acceptable, mercury-free alternative.
Act 44, codified in s. 299.49 Wis. Stats., provides for the Department of Natural Resources to make exemptions for the sale of banned mercury-added products. The exemption process will be governed by DNR promulgated rules. The statute provides limited guidance to the DNR on what the rules may include.
Section 299.49(3)(c) Wis. Stats. bans the sale of certain mercury-added products.
Section 299.49(3)(a) Wis. Stats. gives the DNR authority to grant exemptions to the ban.
The proposed standards for exemptions have yet to be released.