On or after July 1, 1994, a person may not dispose of a mercuric oxide battery except in a manner that the Department approves under regulations adopted by the Department. Any 2 or more manufacturers may develop a joint plan for recycling or disposal of any specified mercuric oxide battery that they manufacture. A manufacturer shall be responsible for the environmentally sound collection, transportation, and recycling or proper disposal, including the cost of these activities, of every used mercuric oxide battery produced by the manufacturer and sold or offered for promotional purposes in the State. Notwithstanding paragraph (1) of this subsection, a retailer or seller may provide for the collection, recycling, or proper disposal of used mercuric oxide batteries through the sale to a refiner or a refiner’s agent if the retailer or seller complies with any requirement established by the Department to implement this section. Manufacturers may establish or utilize a trade association or a consortium comprised of members of the dry cell battery industry in order to facilitate compliance with the requirements of this section. A manufacturer shall consult with the Office of Recycling in developing its plan. Each battery management plan submitted by a manufacturer shall include: The designation of the collector, transporter, processor, or collection system to be utilized by the manufacturer, or by the county or municipal corporation, institutional generator, retailer or small quantity generator on behalf of the manufacturer, for the collection, transportation, and recycling or proper disposal of used mercuric oxide batteries in each county; The designation of the funding source or mechanism to be used by the manufacturer to defray the costs of implementing the battery management plan; and A strategy for informing consumers, on any store display promoting the sale or use of the batteries the manufacturer manufactures, that these types of used dry cell batteries may not enter the solid waste stream, and that a convenient mechanism for the collection, transportation, and recycling or proper disposal of these types of used batteries is available to the consumer.

A person may not sell, distribute, or offer for sale in this State a mercuric oxide battery unless: The person is a party to a plan approved by the Department under § 6-901 of this subtitle; or A retailer or seller has provided for the collection, recycling, or proper disposal of used mercuric oxide batteries through the sale to a refiner or a refiner’s agent and the retailer or seller has complied with any requirement established by the Department to implement § 6-901 of this subtitle.

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

The General Assembly finds that: Mercury is a persistent and toxic pollutant that bioaccumulates in the environment; Consumption of mercury–contaminated fish poses a significant health threat; Combustion of municipal and other solid waste is a source of mercury pollution; Both industry and government are working to reduce the content of mercury in products and to control the release of mercury into the environment; Accidental mercury spills, breakages, and releases have occurred at schools in the United States, exposing students, teachers, and administrators to mercury emissions; and Removal of mercury and mercury–containing products from the waste stream prior to combustion or disposal is an effective way to reduce mercury pollution.

In this part the following words have the meanings indicated. “Electric relay” means a product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit. “Electric switch” means a product or device that opens or closes an electrical circuit. “Gas valve switch” means a product or device that opens or closes a gas valve. “Manufacturer” means a person that: Produces a product; For a multicomponent product, produces or assembles the final product; or Serves as an importer or domestic distributor of a product produced outside of the United States. “Marketer” means a person that manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on: A fever thermometer containing mercury; A thermostat containing mercury; An electric switch containing mercury or a product component with an electric switch containing mercury; An electric relay containing mercury or a product component with an electric relay containing mercury; or A gas valve switch containing mercury or a product component with a gas valve switch containing mercury. “Mercury–added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason: Dyes or pigments; and Fluorescent lamps. “Motor vehicle” has the meaning stated in § 11–135 of the Transportation Article. “Reclamation facility” means a site: Where equipment is used to recapture mercury from mercury–added fluorescent lamps for the purpose of recycling or reusing the mercury; or That collects mercury–containing components from mercury–added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury. “Thermostat” means a device that regulates temperature in an enclosed area by controlling heating, cooling, or ventilation equipment.

Except as provided in subsection (b) of this section, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription. This section does not apply to: A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or A digital thermometer using mercury-added button cell batteries.

A marketer may not sell or provide a thermostat containing mercury to a consumer.

Except as provided in subsection (b) of this section, on or after October 1, 2018, a marketer may not knowingly sell or provide to a consumer individually or as a product component: An electric switch containing mercury; An electric relay containing mercury; or A gas valve switch containing mercury. This section does not apply to an electric switch, an electric relay, or a gas valve switch that is sold or provided to replace a switch or relay that is a component of a larger product in use on or before October 1, 2018, if: The larger product is used in manufacturing; The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water; The switch or relay is integrated with, and not physically separate from, other components of the larger product; The use of the switch or relay is required under federal law or regulation; or The manufacturer of the larger product has not approved for use in the larger product a switch or relay that does not contain mercury. A person that violates this section is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding: $1,000 for a first offense; $2,500 for a second offense; or $5,000 for a third or subsequent offense. In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of this section, not exceeding: $1,000 for a first offense; $2,500 for a second offense; or $5,000 for a third or subsequent offense. The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph: The willfulness of the violation; The extent to which the violation was known, but uncorrected, by the violator; The extent to which the violation resulted in actual harm to human health or the environment; The nature and degree of injury to, or interference with, general welfare and health; and The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator. Each day a violation continues is a separate offense under this section.

This section does not apply to: Prescription drugs; Any substance regulated by the Federal Food, Drug, and Cosmetic Act; Biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act; Medical equipment not intended for use by nonmedical personnel; or Products that contain mercury–added products that are labeled in accordance with this section. On or after April 1, 2006, unless the product is labeled in accordance with subsection (c) of this section and the regulations adopted by the Department under this section, a manufacturer or wholesaler may not sell a mercury–added product: At retail in the State; or To a retailer in the State. On or after April 1, 2006, unless the product is labeled in accordance with subsection (c) of this section and the regulations adopted by the Department under this section, a retailer may not knowingly sell a new mercury–added product in the State. Except as provided in paragraph (2) of this subsection, the label of a mercury–added product shall clearly inform the purchaser or consumer that: Mercury is present in the product; and The product shall be managed in accordance with federal and State environmental laws to minimize the release of mercury into the environment. A label that conforms to another state’s label requirements for mercury–added products satisfies the requirements of this subsection. The manufacturer of a mercury–added product is responsible for affixing the label required by this section on mercury–added products manufactured on or after January 1, 2006. A manufacturer of a motor vehicle may meet the labeling requirements of this section by placing the label on the doorpost of a new vehicle. If the servicing of a vehicle includes the addition of a mercury–added product, the label on the doorpost of the vehicle shall be appropriately updated. A manufacturer that labels a mercury–added product in compliance with another state’s labeling requirements for the same or a similar mercury–added product satisfies the requirements of this subsection. In this subsection, “mercury–added fluorescent lamp” means a fluorescent lamp that exhibits the toxicity characteristic for mercury under Title 26, Subtitle 13, Chapter 2 of the Code of Maryland Regulations. Except as provided in paragraph (3) of this subsection, on or after October 1, 2006, a person who, during a calendar year, discards at least the minimum weight or minimum number of mercury–added fluorescent lamps, as established in regulations adopted under subsection (f) of this section, shall arrange for the final reclamation or destination of the lamps at a: Reclamation facility; or Destination facility, as defined by the Department in regulation. The Department may delay the requirements of paragraph (2) of this subsection if it determines that it will not be feasible for a person to arrange for the final reclamation or destination of lamps at reclamation facilities on the date provided in paragraph (2) of this subsection. Unless otherwise provided under federal or State law: An owner or operator of an industrial or commercial property may assign the responsibility for ensuring compliance with this subsection to a tenant who is otherwise responsible for maintaining the property; and If a tenant is responsible for ensuring compliance and fails to comply with this subsection, the owner or operator of the property is not liable for the failure to comply. By October 1, 2005, the Department shall adopt regulations necessary for the implementation of this section, including the establishment of: Standards for the size, location, and typeface of the label required by this section; Criteria under which a person subject to this section may be exempted from the labeling and reclamation or destination requirements and limitations of this section; and During the course of a calendar year, the minimum weight and the minimum number, as applicable, of mercury–added fluorescent lamps that shall be required for a person to deliver the lamps or arrange for their delivery to a: Reclamation facility; or Destination facility, as defined by the Department in regulation. Before adopting a regulation under this section, the Department shall consult with persons that have an interest in or are directly impacted by the proposed regulation.

Beginning October 1, 2003, no primary or secondary school, except for a school engaged in vocational training, may use or purchase for use elemental or chemical mercury in a primary or secondary classroom. The Department shall provide outreach assistance to schools relating to the proper management, recycling, and disposal of mercury and mercury-added products.

The Department shall implement a public education, outreach, and assistance program relating to: The hazards of mercury; The requirements of this subtitle; and Voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The Department shall cooperate with neighboring states and regional organizations in the mid-Atlantic and northeastern United States on developing outreach, assistance, and education programs, where appropriate.