SECTIONS 15025-15029 - California Statutes

PUBLIC RESOURCES CODE

SECTION 15025-15029

15025. For purposes of this article, the following terms have the
following meanings:
(a) "Mercury-added novelty" means a mercury-added product intended
mainly for personal or household enjoyment or adornment. A
"mercury-added novelty" includes, but is not limited to, any item
intended for use as a practical joke, figurine, adornment, toy, game,
card, ornament, yard statue or figure, candle, jewelry, holiday
decoration, and item of apparel, including footwear. "Mercury-added
novelty" does not include a product that contains no mercury other
than in a mercury-added button cell battery.
(b) "Mercury fever thermometer" means a mercury-added product that
is used for measuring body temperature. Mercury fever thermometer
does not include a digital thermometer that uses mercury-added button
cell batteries.
(c) "School" means any school used for the purpose of the
education of more than 12 children in kindergarten or any of grades 1
to 12, inclusive.

15026. (a) On and after July 1, 2002, no person, other than a
person licensed pursuant to Article 9 (commencing with Section 4140)
of Chapter 9 of Division 2 of the Business and Professions Code, may
sell at retail, or otherwise supply, a mercury fever thermometer to a
consumer or patient in this state. A mercury fever thermometer may
be sold at retail, or otherwise supplied to a consumer or patient
only upon the prescription of a physician, dentist, veterinarian, or
podiatrist. A mercury fever thermometer sold at retail shall be
accompanied by clear written instructions concerning careful handling
to avoid breakage and proper cleanup should breakage occur.
(b) A violation of subdivision (a) is a violation of the
requirements of Chapter 9 (commencing with Section 4000) of Division
2 of the Business and Professions Code and the California State Board
of Pharmacy shall enforce the requirements of subdivision (a) in
accordance with Chapter 9.

15027. (a) On and after January 1, 2003, no person shall
manufacture, offer for final sale or use, or distribute for
promotional purposes in this state, a mercury-added novelty, if the
manufacturer, seller, or distributor knows, or has reason to know,
that the product contains mercury. A person who manufactures or
distributes any mercury-added novelty shall notify each retailer
regarding the requirements of this section and how to dispose of the
remaining inventory in accordance with Chapter 6.5 (commencing with
Section 25100) of Division 20 of the Health and Safety Code.
(b) A violation of subdivision (a) is a violation of Article 2
(commencing with Section 108550) of Chapter 5 of Part 3 of Division
104 of the Health and Safety Code and, for purposes of that article,
"mercury-added novelties" shall be deemed to be toys. The State
Department of Health Services may take action against mercury-added
novelties in the same manner as it is authorized to take action
against toys, except that a violation of subdivision (a) is a
misdemeanor punishable by a fine not to exceed one thousand dollars
($1,000) for each violation, or by imprisonment in the county jail
for a period not to exceed one year, or by both that fine and
imprisonment.

15028. No school in this state shall purchase, for use in the
classroom, elemental mercury, mercury compounds, or mercury-added
laboratory measurement devices, chemicals, and related materials,
except measuring devices used in school laboratories for which the
school district determines no adequate substitute exists.

15029. No person may sell or offer for sale in this state a vehicle
manufactured on or after January 1, 2005, that contains a
mercury-containing motor vehicle light switch, as defined in Section
25214.5 of the Health and Safety Code, mounted on the hood or trunk.