Information for manufacturers of products to which mercury is added

Labeling

Under 38 MRSA §1662 and Chapter 870 of the DEP rules, the following mercury-added products may not be offered for sale in Maine as of January 1, 2002, unless they are labeled:

A thermostat or thermometer;
A switch or other device, offered individually or as part of another product, that is used to measure, control or regulate gas, other fluids or electricity;
A medical or scientific instrument; and
An electrical relay or other electrical device.

If the product is a component of the larger product, the larger product also must be labeled.

Fluorescent and other mercury-added lamps do not need to be labeled in Maine. However, anyone selling more than 200 lamps at any one time must notify the customer regarding mercury content on the invoice. The notice must state that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal but must be recycled.

Who must label?

The product manufacturer bears primary responsibility for affixing the required label to the mercury-added products, but the label also may be affixed by distributors, importers or retailers as long as it is in place before the product is offered for sale in Maine. The labeling requirement applies to retail, wholesale or internet sales.

How to label

Manufacturers, domestic distributors, or importers can:

1. Simply affix a label on the product that meets the labeling standards in chapter 870; OR

2. Apply for an alternative compliance plan to labeling with Maine; OR

3. Submit a labeling or an alternative labeling plan approved by another state for approval in Maine.

Submit all information to:

Enid Mitnik, Mercury Products Labeling and Notification Coordinator
Maine Department of Environmental Protection
17 State House Station
Augusta, Maine 04333-0017
(207) 287-8556
email: enid.mitnik@maine.gov