ROBERT L. EHRLICH, JR., Governor

Ch. 494

6-905.1.

(A)     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.

(B)     THIS SECTION DOES NOT APPLY TO:

(1)     A FEVER THERMOMETER SOLD OR PROVIDED TO BE USED IN
HOSPITALS OR OTHER PLACES WHERE MEDICAL SERVICES ARE PROVIDED BY
MEDICAL SERVICE PROFESSIONALS; OR

(2)     A DIGITAL THERMOMETER USING MERCURY-ADDED BUTTON CELL
BATTERIES.

6-905.2.

(A)     THIS SECTION DOES NOT APPLY TO:

(1)      PRESCRIPTION DRUGS;

(2)     ANY SUBSTANCE REGULATED BY THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT; OR

(3)      BIOLOGICAL PRODUCTS REGULATED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION UNDER THE FEDERAL PUBLIC HEALTH SERVICE ACT;

(4)      MEDICAL EQUIPMENT NOT INTENDED FOR USE BY NONMEDICAL
PERSONNEL; OR

(5)     PRODUCTS THAT CONTAIN MERCURY-ADDED PRODUCTS THAT ARE
LABELED IN ACCORDANCE WITH THIS SECTION.

(B)     (1) 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:

(I)      AT RETAIL IN THE STATE; OR

(II)     TO A RETAILER IN THE STATE; OR

(III) FOR USE IN THE STATE.

(2) 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.

(C)     (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
LABEL OF A MERCURY-ADDED PRODUCT MUST SHALL CLEARLY INFORM THE
PURCHASER OR CONSUMER THAT:

(1) (I) MERCURY IS PRESENT IN THE PRODUCT; AND

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