Ch. 494                                    2004 LAWS OF MARYLAND

Article - Environment

6-905.

(a) In this [section, "marketer"] PART THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B) "MANUFACTURER" MEANS A PERSON THAT:

(1)      PRODUCES A PRODUCT;

(2)      FOR A MULTICOMPONENT PRODUCT, PRODUCES OR ASSEMBLES THE
FINAL PRODUCT; OR

(3)      SERVES AS AN IMPORTER OR DOMESTIC DISTRIBUTOR OF A
PRODUCT PRODUCED OUTSIDE OF THE UNITED STATES.

(B) (C) "MARKETER" means a person who 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.

[(b) Beginning October 1, 2002, a marketer may not sell or provide a fever
thermometer containing mercury to a consumer except by prescription.

(c) This section does not apply to:

(1)     Fever thermometers sold or provided to be used in hospitals or other
places where medical services are provided by medical service professionals; or

(2)     Digital thermometers using mercury-added button cell batteries.]

(C) (D) "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:

(1)      DYES OR PIGMENTS;

(2)      ELECTRIC SWITCHES;

(3)      FLUORESCENT LAMPS; AND

(4)      THERMOSTATS.

(E)     "MOTOR VEHICLE" HAS THE MEANING STATED IN § 11-135 OF THE
TRANSPORTATION ARTICLE.

(F)     "RECLAMATION FACILITY' MEANS A SITE:

(1)     WHERE EQUIPMENT IS USED TO RECAPTURE MERCURY FROM
MERCURY-ADDED FLUORESCENT LAMPS FOR THE PURPOSE OF RECYCLING OR
REUSING THE MERCURY; OR

(2)      THAT COLLECTS MERCURY CONTAINING COMPONENTS FROM
MERCURY-ADDED FLUORESCENT LAMPS FOR THE EVENTUAL RECAPTURE AND
RECYCLING OR REUSE OF THE MERCURY.

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