Getting a Handle on Mercury in Products: HB-1901

Two Evansville legislators are leading the way for positive changes to mercury laws. Rep. Dennis Avery decided that Indiana needed to get a handle on mercury in consumer products. With assistance from IKE, he introduced HB-1901 in Jan. 2001. Then on Valentines Day, Rep. Jonathan Weinzapfel, chair of the House Environmental Affairs Committee, gave HB-1901 a hearing. After hearing the issues, Rep. Weinzapfel became a co-sponsor and helped craft a compromise.

The bill enjoyed support from environmental groups, and several business groups were opposed. The surprise was the Indiana Manufacturers Association. IMA saw the bill as a good start in a broader piece that could advance sound mercury policy— not just in consumer products but when background levels cause a wastewater discharge permit holder to violate its mercury permit limit and may need a variance.

HB-1901 was modeled on progressive legislation that has been adopted in several New England states. Most of the provisions would be effective on July 1, 2003. Here are the key provisions as it was introduced:

1.    Mercury Fever Thermometers

• Thermometers only distributed by prescription
• Requirement to reuse or recycle.

2.    Mercury-Added Novelties

• Distribution prohibited on 7/1/03.
• Manufacturers must notify retailers on best method to dispose of inventory.

3.    School Mercury Use

• Use prohibited in a primary or secondary classroom except if measuring devices have no adequate substitute for use in laboratories.

4.     Free Elemental Mercury

• Buyers must sign a statement limiting use and management of mercury.

5.    Mercury-Added Lamps (i.e., fluorescent bulbs)

• Notice by manufacturers to IDEM about the distribution of the product in Indiana.
• Notice to non-residential buyers.
• Notice to contractors removing outdoor lamps from service.
• Requirement to reuse or recycle.

6.    Mercury-Added Products (switches and instruments)

• Notice by manufacturers to IDEM about the distribution of the product in Indiana.
• Labels on product and packaging.

On Feb. 21, the House Environmental Affairs committee amended the bill to remove contentious issues such as lamps and switches, and then voted unanimously for the bill as amended. Vince Griffin, director of environmental and energy policy for the Indiana Chamber of Commerce, said his group was worried that the bill “was trying to carry in all the groceries at one time.” He went on to say, “but we support protecting kids. We’ll watch this bill closely, but I don’t think you’ll find anyone from industry opposing it.”

With the amendment, the provisions relating to mercury-added lamps and mercury-added products such as switches and instruments were dropped. Building on Vince Griffin’s analogy, IKE’s Tom Neltner said he was “pleased that the Chamber of Commerce recognized that there are several more bags of groceries still to be taken in.”

HB-1901 promises to move Indiana a significant step towards remedying our reliance on mercury. But the bill is not law yet. It still needs to clear the Senate. Like Vince Griffin, IKE intends to keep a close watch on the bill.