PRINTER'S NO. 559
No. 527 Session of 2005
INTRODUCED BY C. WILLIAMS, O'PAKE AND MUSTO, MARCH 29, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 29, 2005
AN ACT
1 Prohibiting the sale of mercury thermometers; and providing for
2 related penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Mercury
7 Thermometer Act.
8 Section 2. Legislative findings.
9 The General Assembly finds and declares as follows:
10 (1) Mercury can be characterized as a neurological and
11 reproductive toxin that can lead to lowered IQ, as well as
12 neurological and reproductive problems.
13 (2) Young children, newborns and fetuses are the most at
14 risk for contamination because their nervous systems are not
15 fully developed.
16 (3) Mercury can evaporate into air, which poses risks to
17 consumers when they do not know how to properly clean up a
18 broken thermometer.
1 (4) Mercury is emitted in the health care setting
2 through the spillage, breakage or improper disposal of
3 mercury-containing products.
4 (5) The Environmental Protection Agency and the American
5 Hospital Association have joined together to phase out
6 mercury use in health care by 2006.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Department." The Department of Health of the Commonwealth.
12 "Mercury thermometer." A device used for measuring human or
13 animal body temperature that contains mercury or a mercury
14 compound.
15 Section 4. Prohibition on sale of mercury thermometers.
16 No person shall sell, offer for sale or distribute at no cost
17 a thermometer containing mercury.
18 Section 5. Penalties.
19 The department may levy an administrative fine on a person
20 who violates this act. A person will be fined $100 for each
21 violation. A person who receives a fine shall have the right to
22 an adjudication pursuant to 2 Pa.C.S. Ch. 5 Subch. A (relating
23 to practice and procedure of Commonwealth agencies) with appeal
24 to the Commonwealth Court pursuant to 2 Pa.C.S. Ch. 7 (relating
25 to judicial review).
26 Section 6. Effective date.
27 This act shall take effect in 180 days.
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