The Indiana General Assembly adopted Rep. Avery House Enrolled Act 1901 (Public Law 225) in its 2001 session. Rep. Avery authored the law. Reps. Charlie Brown, Dennis Young and Weinzapfel were co-authors. Senators Gard and Simpson served as co-sponsors in the Senate. The law passed the House by a 75-5 vote and the Senate by a 46-0 vote. Typical of the legislative process, the scope of the bill was narrowed and underwent several refinements.

HEA-1901 takes effect on July 1, 2003. The two-year delay in the effective date gives Hoosiers time to make the necessary changes.

The law will require the following:

Only a pharmacist or a pharmacist’s assistant may sell mercury fever thermometers. The thermometers must be stored in a manner that requires the buyer to ask for one. Also, a medical doctor may sell or supply a mercury fever thermometer to an individual. This provision does not apply to antique thermometers (made before 1980) or to thermometers with a mercury-added button cell battery.

A primary or secondary school may not use or purchase for use mercury in virtually any form except for measuring devices and thermometers for which no adequate substitute exists.

A mercury-added novelty may not be offered for final sale or distributed for promotional purposes in Indiana if the offerer or distributor knows or has reason to know that a novelty contains mercury. This section does not apply to antiques (made before 1980) and novelties where the only mercury is in a mercury-added button cell battery.

A mercury-added novelty is a product such as a plastic maze containing a rolling mercury ball:

• That contains mercury that was intentionally added by the manufacturer in order to provide a specific characteristic, appearance, or quality to the product or to perform a specific beneficial function for the product; and
• That is intended mainly for personal or household enjoyment or adornment.

A mercury commodity is a product that consists of only mercury and its container where the mercury is not performing a specific beneficial function for the product. If the product is mercury itself, such as a bottle of mercury, it is a mercury commodity.

A person may sell or provide a mercury commodity to another person in Indiana (other than for collection for recycling) only if the person:

• Provides a material safety data sheet with the mercury commodity; and
• Requires the purchaser or recipient to sign a statement with respect to the mercury in the mercury commodity. This statement strictly defines how the mercury commodity must be used and handled.

Finally, IDEM and the solid waste management districts are required to implement education programs to provide information to the public regarding reuse and recycling of mercury and the availability of collection programs.

Thanks to Rep. Avery for his leadership!

For additional information on Indiana mercury legislation.